For the perfect understanding of these presents, it is specified that:
– "The Publisher" or "The Seller" refers to the sole proprietorship VitaeTek EI (SIRET 488385766, RCS Evreux);
– "The Platform" or "The Ecosystem" refers to the ArchEngine technological and software infrastructure and all its interconnected modules.
These General Terms and Conditions of Sale (GTCS) exclusively govern the contractual relationship between the Publisher, whose primary business activity is registered under APE Code 62.01Z – Design, development, and marketing of innovative digital solutions integrating AI, and any natural or legal person acting within the framework of their professional or business activity (hereinafter "the Client") purchasing one or more software licenses or SaaS solutions marketed by VitaeTek.
As the engine and technological architecture behind the ArchEngine Platform, VitaeTek designs, integrates, and operates software solutions and AI systems dedicated to small businesses, solopreneurs, and freelancers. This entire software ecosystem is built on a common, interconnected technological foundation, within which the Client can separately activate and purchase current and future application modules (including BrandArch, ProfileArch, and any new SaaS pillar of the ecosystem) according to their business needs.
These GTCS apply to all software, tools, and SaaS subscriptions offered on the institutional website VitaeTek.fr, on the software platform ArchEngine.tech, as well as on all their subdomains, applications, and associated digital infrastructures.
The SaaS solutions and software services executed or provided are exclusively intended for a professional B2B clientele (solopreneurs, freelancers, independent professionals, merchants, artisans, small businesses, and similar). Any order, online subscription, or purchase implies the full, complete, unreserved, and enforceable acceptance of these GTCS by the Client, who waives the right to rely on any of their own purchase terms or conditions.
The rates applicable to SaaS software access licenses, unlimited access offers, lifetime deals, and complementary options are those displayed on VitaeTek's platforms on the day of order validation.
Prices are expressed in Euros (€), excluding taxes (HT) or all taxes included (TTC) depending on the tax regime applicable to the Client and current legal regulations.
Reference Currency: The Euro (€) constitutes the contractual reference currency of VitaeTek. For international Clients, amounts may be displayed in their local currency for informational purposes. The amount actually debited is calculated from the reference price in Euros according to the exchange rate applied by the payment gateway or the Client's banking institution at the time of the transaction. VitaeTek cannot be held responsible for exchange rate variations or any bank fees related to this conversion.
For commercial purposes, certain promotional rates, lifetime access licenses (Lifetime Deals / LTD), or launch prices may be offered for a limited duration or restricted to a defined volume of members. Their validity period or quota condition is exclusively that indicated on the sales page or the relevant commercial medium.
The Client may, at any time, subscribe to additional modules or upgrade the SaaS services used according to the pricing matrix in force at the time of their order.
Payment for orders is made exclusively through the secure payment solutions integrated into VitaeTek's platforms (notably Stripe or PayPal).
The Client guarantees that they possess all necessary authorizations to use the selected payment method.
Technical Validation: To ensure the security of the infrastructure, VitaeTek reserves a maximum period of twenty-four (24) hours following payment validation to verify, validate, and provision access to the various software services or unlimited offers. Access is activated upon successful completion of this technical validation.
Fair Use Policy: Since the platform offers SaaS and digital access licenses, the Client explicitly agrees to a normal and non-abusive use of the Platform's resources. Any attempt at unauthorized automation, reverse-engineering, data scraping, mass extraction, API bypassing, or the use of automated bots will result in the immediate and permanent revocation of access without any right to indemnity or refund.
Late Payment Penalties (B2B Statutory Framework): In accordance with legal provisions, any late payment of a subscription or invoice at the agreed due date shall automatically, without any prior reminder or formal notice being required, result in:
Access Suspension or Revocation: In the event of non-payment, late payment, bank rejection, fraudulent or unauthorized automated use, abusive behavior, chargeback procedures, or a refund forced by a third-party payment provider, VitaeTek may immediately suspend, revoke, or block all or part of the Client's access to its platforms, without notice or indemnity, until full regularization and definitive receipt of all outstanding sums due.
The entire application ecosystem, SaaS software, AI tools, and digital assets marketed via ArchEngine by VitaeTek are exclusively intended for a professional B2B clientele.
The Client declares that they are contracting exclusively within the framework of their professional activity and are not acting as a consumer. Consequently, the statutory right of withdrawal applicable to consumers under European law does not apply to this contract. All software orders and SaaS subscriptions become firm, final, and non-refundable upon provision of digital access to the ordered solutions.
However, as part of a customer satisfaction commitment and as a pure voluntary commercial gesture, VitaeTek grants a "Satisfied or Refunded" commercial warranty for a period of fourteen (14) calendar days from the date of purchase.
This warranty is exclusively granted if the following cumulative conditions are strictly met:
As these are professional SaaS tools under an unlimited access offer allowing the generation of digital assets and immediately marketable deliverables, the value of a single complete brand identity being estimated at +2,497 € (the average resale value of a brand kit to an end client), the generation or exploitation of a second creation within the platform materializes the complete execution and irreversible use of the service by the Client. Consequently, using the software beyond a single unitary technical test permanently waives the right to this commercial warranty.
VitaeTek provides access to its SaaS software solutions and AI ecosystems (such as BrandArch, ProfileArch, and associated ArchEngine modules) under the form of software licenses or access plans.
5.1 Payment and Subscription Terms
5.2 Service Availability and Activation
Software access is provisioned instantly or within a maximum of twenty-four (24) hours following technical validation of the payment. Any temporary unavailability due to updates, maintenance, or third-party infrastructure incidents does not give right to any compensation or refund.
5.3 Retention of Rights and License Scope
The subscription to a SaaS software license grants the Client a strictly personal, non-exclusive, non-transferable, and revocable right to use the software for their own professional business needs. Any sharing of access credentials, resale, sub-licensing, or unauthorized commercialization of the software access is strictly prohibited and constitutes grounds for immediate termination of access without notice.
The ArchEngine platforms provide a software infrastructure allowing the Client to use different artificial intelligence providers via their own accounts and API keys (including OpenRouter, OpenAI, ElevenLabs, Gemini, or any other compatible provider).
The Client remains solely responsible for the creation, security, financing, renewal, and proper functioning of their accounts with these third-party providers.
VitaeTek does not intervene in the pricing, availability, or quality of services offered by these external providers and cannot be held responsible for a service interruption, tariff modification, technical limitation, or removal of features decided by the latter.
Force Majeure: VitaeTek's liability cannot be engaged if the non-performance or delay in the performance of one of its obligations arising from this contract results from a case of force majeure within the meaning of Article 1218 of the French Civil Code. The following are expressly assimilated to cases of force majeure releasing VitaeTek from liability: widespread power or telecommunication network failures, large-scale cyberattacks (DDoS attacks, ransomware), unpredictable and prolonged interruptions or failures of third-party cloud infrastructures (such as Vercel, AWS), or AI model APIs indispensable to the execution of the platform.
All software, interfaces, designs, logos, brands, source codes, databases, content, documentation, and graphic elements composing the VitaeTek and ArchEngine platforms remain the exclusive intellectual property of VitaeTek.
Frameworks, methodologies, prompt structures, functional architectures, processing chains, orchestration logics, as well as processes developed within the framework of the SaaS products marketed are also fully protected.
Subscribing to a software access license or an unlimited access SaaS offer does not imply any transfer of intellectual property. The Client only benefits from a personal, non-exclusive, worldwide, and non-transferable right to use the SaaS services in accordance with these GTCS.
These General Terms and Conditions of Sale are exclusively governed by French law.
In the event of a dispute relating to their interpretation, execution, enforceability, or validity, the Parties shall endeavor to seek an amicable solution in good faith before any legal proceedings.
Failing an amicable agreement within a period of thirty (30) days following notification of the dispute, express and exclusive jurisdiction is assigned to the materially competent courts of the jurisdiction of the city of Évreux (Eure, France), place of VitaeTek's registered office, including in the event of summary proceedings, warranty claims, or multiple defendants, notwithstanding any contrary clause that may appear on the Client's documents.
VitaeTek implements all reasonable means to ensure the availability, security, and proper functioning of its platforms and services.
However, the Client acknowledges that the services offered rely on computer infrastructures, telecommunication networks, as well as third-party providers likely to experience interruptions, slowdowns, maintenance operations, or technical incidents beyond the control of VitaeTek.
VitaeTek reserves the right to temporarily interrupt all or part of its services to perform maintenance, security, correction, or improvement operations, without these interruptions granting any right to compensation.
In a logic of continuous improvement, VitaeTek may at any time evolve its platforms, add, modify, replace, or remove certain features, interfaces, artificial intelligence models, connectors, compatible providers, or technical components, provided that these evolutions do not alter the essential purpose of the SaaS services subscribed to by the Client.
VitaeTek is bound by a general obligation of means (obligation de moyens) in the provision of its SaaS software and digital tools.
The Client remains solely responsible for:
VitaeTek cannot be held responsible for interruptions, malfunctions, or modifications resulting directly or indirectly from third-party providers, notably artificial intelligence providers, API platforms, hosting services, payment gateways, or any other external provider essential to the ecosystem's operation.
In no case can VitaeTek be held responsible for loss of turnover, loss of clientele, loss of data, loss of business, image damage, loss of profit, or any other indirect or consequential damage suffered by the Client.
Liability Cap: In all cases where VitaeTek's liability is judicially established, the total amount of indemnities or compensation charged to the Seller is expressly and strictly capped and limited to the sums actually and technically paid by the Client to VitaeTek under the contract or order directly concerned by the dispute during the last twelve (12) months.
VitaeTek reserves the right to modify these General Terms and Conditions of Sale at any time to reflect changes in its services, business model, technical infrastructure, or applicable regulations.
The applicable General Terms and Conditions of Sale are those in force on the date of order validation or SaaS subscription by the Client.
Any new order, renewal, or continuous use of the services made subsequent to the publication of a new version of these GTCS implies full and complete acceptance of this version.
Within the framework of access to the Platform and the execution of SaaS services, the Publisher is required to process personal data in compliance with the General Data Protection Regulation (GDPR) and the French Data Protection Act.
12.1 VitaeTek as Data Controller: The Publisher collects data strictly necessary for client account management, billing, and technical support. This data is never resold and is stored for the applicable legal durations.
12.2 VitaeTek as Data Processor: Within the framework of using SaaS modules (prompt generation, profile analysis, AI script execution), the Client acts as the Data Controller for the data injected into the Platform, and the Publisher acts as the Data Processor. As such, the Publisher agrees to:
The Client is invited to consult the complete Privacy Policy accessible on the Publisher's platforms to know the details of their rights of access, rectification, and opposition.
The version in force of the General Terms and Conditions of Sale remains permanently accessible from the platforms operated by VitaeTek.