Terms of Use

Preamble

These Terms of Use (hereinafter the "Terms of Use") govern access to and use of the Sylen platform, published by SYLEN SAS, a simplified joint-stock company (société par actions simplifiée) registered with the Nancy Trade and Companies Register (RCS) under number 999 064 215, with its registered office at 31 rue de Turique, 54000 Nancy.

These Terms of Use supplement the Terms of Sale (contractual and commercial relationship) and the Privacy Policy (processing of personal data). In the event of a contradiction, the Terms of Sale prevail for contractual matters, and the Terms of Use for operational matters.

01Purpose

The purpose of these Terms of Use is to define the rules for access to, use of and proper use of the platform accessible at the following addresses:

• https://sylen.ai - marketing website;
• https://app.sylen.ai, customer application for administering and configuring the AI agent;
• the associated APIs and webhooks.

The Sylen service allows businesses to configure an AI voice agent for the automated handling of their incoming telephone calls. The features are described in detail at sylen.ai/service.

02Access to the service

2.1 The platform is accessible 24 hours a day, 7 days a week, subject to the cases of unavailability provided for in the Terms of Sale (maintenance, force majeure, outage of a third-party subcontractor).

2.2 Technical requirements. Access requires:

• a stable Internet connection;
• a recent, up-to-date web browser (Chrome, Firefox, Safari or Edge in their latest stable version or the previous one);
• JavaScript and strictly necessary cookies to be enabled.

2.3 Maintenance. Sylen reserves the right to temporarily suspend access to the service for maintenance, updates or improvements. Scheduled operations are notified at least 48 hours in advance by email or via the application.

03Registration and user account

3.1 Registration requirements. Registration with Sylen is reserved for:

• adult individuals acting on behalf of a business;
• legal entities represented by a person duly authorized to bind them.

The user warrants that it has the legal capacity to subscribe to the service and accept these Terms of Use.

3.2 Accurate information. The user undertakes to provide accurate, complete and up-to-date information when creating its account (identity, contact details, company data) and to update it in the event of any change.

3.3 Single account. Only one account per legal entity (per SIRET) is allowed, unless Sylen gives prior written consent.

04Login credentials and account security

4.1 When registering, the user sets a login (email address) and a password. These credentials are strictly personal and confidential.

4.2 Responsibility for credentials. The user is solely responsible for:

• the confidentiality of its login credentials;
• all operations carried out under its account;
• logging out of its session on shared devices.

Any use of the platform with the user's credentials is presumed to have been carried out by the user.

4.3 Two-factor authentication. Sylen offers two-factor authentication (2FA), which the user is strongly encouraged to enable to secure its account.

4.4 Security incident. In the event of loss, theft or unauthorized use of its credentials, the user undertakes to:

• change its password immediately;
• notify Sylen without delay at contact@sylen.ai.

05User obligations

The user undertakes to:

• 5.1 Use the platform in accordance with its intended purpose and the laws in force;
• 5.2 Respect the rights of third parties, in particular intellectual property rights, privacy rights and image rights;
• 5.3 Configure its AI agent (system prompt, time slots, business rules) in compliance with the law and these Terms of Use;
• 5.4 Inform the people it deals with (the callers) of the existence of the service and of the artificial nature of the voice agent, in accordance with the AI Act and the GDPR;
• 5.5 Not attempt to circumvent the security measures of the platform;
• 5.6 Not carry out automated extraction or systematic extraction of data (scraping, abusive crawling);
• 5.7 Not sublicense, resell, redistribute or commercialize the service without written authorization;
• 5.8 Immediately report to Sylen any unauthorized use of its account or any security incident.

06Prohibited conduct

The following conduct is strictly prohibited on the platform:

• any use for illegal, fraudulent purposes or purposes contrary to public order;
• configuring the AI agent to collect health data within the meaning of article 9 of the GDPR (as Sylen is not HDS certified);
• using the AI agent for practices prohibited by the AI Act (subliminal manipulation, exploitation of vulnerabilities, social scoring, sensitive biometric categorization);
• use for high-risk purposes within the meaning of title III of the AI Act without a prior conformity procedure;
• unsolicited outbound telemarketing or telemarketing contrary to the Bloctel rules (French do-not-call list);
• sending content of a discriminatory, hateful, defamatory, violent, pornographic nature or content that undermines human dignity;
• any attempt at intrusion into the computer systems of Sylen or of third parties;
• any attempt at denial of service or deliberate overloading of the platform;
• using the agent for the purpose of actively deceiving callers about its artificial nature;
• the spreading of viruses, malware or malicious code via the platform.

07Configuration of the AI agent

7.1 Freedom of configuration. The user has wide latitude to configure its AI agent (system prompt, voice, time slots, business rules, integrations). This configuration is its sole responsibility.

7.2 Testing. The user is required to carry out the necessary prior testing before putting the agent into production (personal test call, checking behavior in the main scenarios, checking calendar integrations).

7.3 Coshy tool. Sylen provides the Coshy automated training tool, which makes it possible to test the agent on 50 representative scenarios and obtain an evaluation score. Its use is strongly recommended before any go-live.

7.4 Mandatory AI transparency. In accordance with article 50 of the AI Act, the agent's greeting must clearly indicate to the caller that they are speaking with an artificial intelligence. The default greeting complies with this obligation. The user shall not modify the greeting for the purpose of concealing the artificial nature of the agent.

08Platform availability

8.1 Sylen does its utmost to ensure the availability and proper operation of the platform, in accordance with the service level agreement (SLA) defined in Article 10 of the Terms of Sale.

8.2 Limitations. The user acknowledges that no computer system is free from errors or interruptions, in particular services based on AI technologies. Sylen cannot guarantee absolute availability of 100%.

8.3 Sylen cannot be held liable for a malfunction attributable to a third-party service (telecom carrier, AI model provider, external calendar, the user's browser).

09Moderation and reporting

9.1 Ex post moderation. Sylen does not carry out systematic a priori moderation of the content of prompts or transcriptions. Users are solely responsible for the content they enter or produce via the platform.

9.2 Reporting. Any user, or any third party, may report to Sylen a use that is manifestly contrary to these Terms of Use or to the law by sending an email to contact@sylen.ai with the subject "Signalement" (Report), specifying:

• the identification of the account or content concerned;
• the nature of the alleged breach;
• the supporting evidence available.

9.3 Review of reports. Sylen handles reports within two time frames depending on their seriousness:

• content that is manifestly unlawful within the meaning of article 6-I-5 of the LCEN (French law on confidence in the digital economy) (apology for crimes, incitement to hatred, child pornography, serious attacks on human dignity) is handled promptly, within an indicative period of 24 to 48 hours;
• other reports (breach of the Terms of Use, misuse) are reviewed within a maximum of 30 days.

Corrective measures may include: removal of content, warning, suspension or termination of the account concerned, reporting to the competent authorities if required by law.

10Intellectual property

10.1 Sylen's rights. All elements making up the platform (software, interfaces, texts, graphics, logos, AI models, algorithms, databases, documentation) are the exclusive property of SYLEN SAS and are protected by French and international intellectual property laws.

10.2 License of use. During the term of its subscription, the user has a personal, non-exclusive, non-transferable right of use limited to its professional needs.

10.3 User data and content. The data, content, prompts and configurations imported or generated by the user in the course of its use of the platform remain its property. Sylen acquires no ownership rights in these elements.

10.4 Processing license. The user grants Sylen, solely for the purposes of providing the service, a non-exclusive license to host, reproduce and technically process this content, limited to the term of the contract.

11Suspension and termination of the account

11.1 Immediate suspension. Sylen reserves the right to suspend access to the account, without notice and without compensation, in the following cases:

• breach of these Terms of Use or of the Terms of Sale;
• fraudulent or abusive use of the platform;
• non-payment of sums due on their due date;
• conduct that impairs the proper operation of the platform or the rights of third parties;
• order from a competent administrative or judicial authority.

11.2 Termination by the user. The user may terminate its account at any time from its customer area, under the conditions set out in Article 6 of the Terms of Sale.

11.3 Consequences. In the event of suspension or termination, access to the platform is deactivated. What happens to the data is governed by the Privacy Policy (differentiated retention + post-termination deletion at D+30).

12Personal data and cookies

The collection and processing of personal data in connection with the use of the platform are described in detail in the Privacy Policy.

The use of cookies and trackers is described in the Cookie Policy.

The user may exercise its GDPR rights (access, rectification, erasure, portability, objection, restriction) directly from its customer area or by contacting contact@sylen.ai.

13Changes to the Terms of Use

13.1 Sylen reserves the right to modify these Terms of Use at any time, in particular to comply with a change in the law or to reflect changes to the platform.

13.2 Users are informed of changes by email and/or via a notification in the application, with a minimum notice period of 30 days before they take effect, unless immediate application is required by law.

13.3 Continued use of the platform after the changes take effect constitutes acceptance of the amended Terms of Use. Otherwise, the user may terminate its account under the conditions of Article 11.2.

14Governing law and disputes

14.1 Governing law. These Terms of Use are governed by French law.

14.2 Amicable attempt. In the event of a dispute, the parties will endeavor to find an amicable solution. Any claim must be sent in writing to contact@sylen.ai.

14.3 Mediation. The parties may at any time use a contractual mediator of their choice.

14.4 Competent jurisdiction. Failing amicable settlement, any dispute relating to these Terms of Use shall fall under the exclusive jurisdiction of the courts within the territorial jurisdiction of the Nancy Court of Appeal, subject to mandatory rules of jurisdiction.

15Contact

For any question regarding these Terms of Use: