Terms of Service

1. Preamble

These Terms of Service ("Terms") govern access to and use of the services provided by DTech Innovations, sole proprietor (entrepreneur individuel) registered under SIREN 982 702 052, with registered address at 105 Chemin de Souleyrol, 84570 Malemort-du-Comtat, France, operating under the trade name ArtGuard ("the Publisher" or "ArtGuard").

ArtGuard publishes and operates an online SaaS dedicated to assisting compliance with Article 50 of Regulation (EU) 2024/1689 on Artificial Intelligence ("AI Act"), accessible at https://artguard.tech ("the Service").

Use of the Service implies full and unconditional acceptance of these Terms.

2. Definitions

• User: any person or entity accessing the Service or creating an account.
• Customer: a User who has subscribed to a paid plan (Starter, Business, or Agency).
• Service: all features provided by ArtGuard: JavaScript detection and disclosure snippet, compliance dashboard, audit reports, and related features.
• Customer Site: website or web application on which the Customer integrates the ArtGuard snippet.
• End Visitor: any person who visits the Customer Site and triggers a disclosure display.
• Customer Content: all data, configuration, and events processed through the Service on the Customer's behalf.

3. Subject of the Service

The Service provides the Customer with:

• A JavaScript snippet to install on Customer Sites to automatically detect AI widgets/chatbots and display a disclosure compliant with AI Act Article 50;
• A management dashboard (domains, disclosure configuration, event viewing);
• A timestamped audit trail of disclosure events, viewable from the dashboard;
• Plan-dependent features, whose exact scope is detailed on the pricing page at https://artguard.tech: disclosure display modes beyond the banner (Business and Agency plans), audit trail exports (CSV and JSON from the Business plan; PDF reserved for the Agency plan), higher domain and disclosure quotas, and extended retention periods.

4. Nature and limitations of the service

4.1 Compliance assistance tool

ArtGuard is a compliance assistance tool, not a regulated compliance service. The Service aims to help the Customer meet AI Act Article 50 obligations, without substituting for them. Final compliance liability rests with the Customer in its capacity as deployer of an AI system within the meaning of the AI Act.

4.1 bis. Qualification under the AI Act

The ArtGuard Service does not constitute an "AI system" within the meaning of article 3(1) of Regulation (EU) 2024/1689 (AI Act). Widget detection relies exclusively on deterministic rules (CSS selectors, static signatures, script patterns) and involves no machine learning, inferential model, or autonomy capability as defined by the AI Act. The Publisher is therefore not subject to AI system provider or deployer obligations under that Regulation in respect of the Service as described herein. Any future evolution that may alter this qualification will be reflected by an update to this clause and notice to the Customer.

4.1 ter. Pre-contractual information

Pursuant to article 1112-1 of the French Civil Code, the Publisher declares having made available to the User, prior to contract formation, all information whose importance is determinative of consent: (i) the exact nature of the Service (compliance assistance tool), (ii) its known functional limitations (language coverage, false negatives, CDN dependencies), (iii) the subprocessors involved, (iv) pricing and termination terms, and (v) the legal qualification of the Service (not an AI system). The User acknowledges having taken cognizance of this information.

4.2 Best-effort obligation, not result obligation

The Publisher undertakes to provide the Service with diligence and competence, as a best-effort obligation and not an obligation of result. In particular:

• AI widget detection relies on an evolving signature base; some widgets may not be detected (false negatives), notably those not yet covered, custom widgets, cross-origin iframe widgets, or widgets using evasion techniques.
• Disclosure display depends on the availability of the snippet CDN and the ArtGuard API. Any unavailability may reduce disclosure coverage.
• The legal relevance of the disclosure content in a given jurisdiction cannot be guaranteed beyond the languages, formats, and versions explicitly published by the Publisher.

4.3 Functional scope at date

As of 2026-07-07, the Service covers:

• Detection of 22 referenced widget providers (evolving list available in the dashboard).
• Disclosure in all 24 official EU languages, with an English fallback when the browser language is not supported.
• Immutable audit trail API-side (append-only PostgreSQL), server-clock timestamping.
• Audit trail exports with SHA-256 integrity hash, per subscribed plan: CSV and JSON from the Business plan, PDF with the Agency plan.

The Publisher may evolve the functional scope at any time, subject to prior notice for major changes.

5. Account creation and access

Service access is open to any natural person of legal age or any legally constituted entity acting for professional purposes. The Service is not intended for consumers within the meaning of the French Consumer Code.

Account creation requires a valid email address and acceptance of these Terms and the Privacy Policy. Authentication uses magic links sent to the provided email.

The User is solely responsible for the confidentiality of magic links and account use. Unauthorized use must be reported promptly to dtech.innovations@proton.me.

6. Customer obligations

The Customer undertakes to:

• Provide accurate and current information at sign-up and subscription;
• Deploy the ArtGuard snippet only on Customer Sites that it owns or has legitimate use of;
• Properly configure the disclosure (mode, language, text) based on its context obligations;
• Perform its own legal compliance testing before production deployment;
• Maintain appropriate legal coverage (IT/GDPR counsel, professional liability insurance);
• Not attempt to circumvent technical limits or reverse-engineer the snippet for competitive purposes;
• Not use the Service for unlawful activities or in violation of third-party rights.

The Customer is solely responsible for Customer Content and indemnifies the Publisher against any third-party claim related to that Content.

7. Intellectual property

The Publisher retains all intellectual property rights to the Service, snippet, dashboard, source code, documentation, detection signatures, and disclosure templates.

The Publisher grants the Customer, during the subscription period and within the subscribed plan, a non-exclusive, non-transferable, non-sublicensable right to use the Service for internal compliance purposes.

The Customer retains full ownership of Customer Content. The Customer grants the Publisher a limited license to store, transmit, and technically process Customer Content solely for Service delivery.

8. Service availability

The Publisher implements reasonable technical means to ensure 24/7 availability. No quantified SLA is committed under these Terms, unless expressly stipulated in a separate enterprise agreement.

The Publisher may temporarily interrupt the Service for maintenance, updates, or security. Scheduled interruptions will be communicated with reasonable notice.

The Publisher is not liable for unavailability caused by events beyond its control (force majeure, subprocessor failure, cyberattack, internet outage).

In case of unavailability, the Customer remains fully responsible for its Customer Sites' AI Act Article 50 compliance.

9. Suspension and termination

The Customer may terminate at any time from the dashboard, effective at the end of the current billing period. No prorated refund is due.

The Publisher may suspend or terminate access with 30 days' notice, or immediately in case of material breach (non-payment, fraudulent use, ToS violation) after 7 days of unanswered formal notice.

At termination:

• Service access is deactivated;
• Customer configuration data is deleted within 30 days;
• Audit trail data is retained per the Privacy Policy, then archived or deleted per legal obligations;
• No refund is due for unused periods.

10. Limitation of liability

10.1 Cap

To the maximum extent permitted by applicable law, the Publisher's liability is capped at the amount actually paid by the Customer for the Service in the 12 months preceding the event giving rise to damage, with a minimum floor of five hundred euros (€500) where that amount would be lower.

Essential obligation reservation. Pursuant to article 1170 of the French Civil Code, the cap above does not apply to breaches by the Publisher of an essential obligation of the contract. For purposes of this reservation, and considering the SaaS-compliance-assistance nature of the Service, the essential obligation consists in: the functional availability of the Service in accordance with the scope described at article 4.3, within the best-effort limits set out at article 4.2. Defects resulting from causes expressly qualified as non-liability at articles 8.3, 10.2, and 10.3 do not constitute a breach of the essential obligation.

10.2 Excluded damages

The Publisher is in no event liable for indirect damages, loss of business, loss of customers, loss of revenue, loss of data, reputational damage, or any indirect consequence, whether foreseeable or not.

10.3 Customer compliance

The Publisher is not liable for:

• Customer non-compliance with the AI Act, GDPR, or any other regulation, the Customer remaining the final compliance authority;
• Regulatory penalties or civil/criminal proceedings borne by the Customer;
• Detection false negatives, including for not-yet-covered widgets, cross-origin widgets, obfuscated widgets, or non-standard widgets;
• Consequences of CDN, API, or subprocessor unavailability or degradation;
• Consequences of erroneous disclosure configuration by the Customer.

10.4 Statutory exclusions

The above limitations do not apply in case of gross negligence or willful misconduct of the Publisher, nor where applicable law prohibits such limitations.

11. Personal data

Personal data processing under the Service is governed by the Privacy Policy and, for data processed on the Customer's behalf, by the Data Processing Agreement (DPA) accessible from the dashboard, which prevail over these Terms on those aspects.

12. Terms evolution

The Publisher may evolve these Terms. Significant changes will be notified by email or dashboard with 30 days' notice. Absent opposition within that period, the new Terms are deemed accepted. The Customer may terminate per article 9 in case of opposition.

13. Force majeure

Neither Party will be liable for breach resulting from a force majeure event within the meaning of article 1218 of the French Civil Code: natural disaster, major cyberattack, critical third-party infrastructure failure (cloud, CDN, DNS), armed conflict, public authority decision, pandemic.

14. Governing law and jurisdiction

These Terms are governed by French law. Exclusive jurisdiction of the courts of the Publisher's registered seat, regardless of plurality of defendants or warranty calls.

15. Contact

• Email: dtech.innovations@proton.me
• Address: DTech Innovations, 105 Chemin de Souleyrol, 84570 Malemort-du-Comtat, France