General Terms and Conditions
Clarity service, terms of use
This is a courtesy translation. The French version is the legally binding version.
Preamble: Applicability
These General Terms and Conditions of Sale (the "GTC") govern access to, subscription to and use of the Clarity service, published by Nexel – SUPOR Innovations, a sole proprietorship under Swiss law.
The Clarity service is intended exclusively for professional clients acting within the scope of their commercial, craft or independent activity.
Website design and development services provided by Nexel are not covered by these GTC. They are subject to a specific service agreement signed between Nexel and the Client for each project.
Scope
These GTC apply to any subscription to and use of the Clarity service available at clarity-ai.ch. Any use of the service implies the Client's full and unreserved acceptance of these GTC. Any contrary or derogatory condition not expressly accepted in writing is unenforceable against SUPOR Innovations.
Service description
Clarity is a SaaS (Software as a Service) service enabling the integration of an AI-based conversational assistant on professional websites. The service is provided via a secure API and accessible 24 hours a day, 7 days a week, subject to maintenance operations, updates or technical incidents.
Definitions
- Client : any legal entity or natural person acting in a professional capacity who has subscribed to the Clarity service.
- End user : any person visiting the Client's website and interacting with a Clarity bot.
- Message : any request issued by an End user to a Clarity bot, including reception, automated processing and delivery of the generated response. Each complete request, processing, response cycle constitutes one Message.
- Plan : the subscription plan chosen by the Client, defining the available features, usage limits and applicable price.
Offers and pricing plans
Any Client may test the Clarity service before subscribing via a preview mode limited to ten (10) Messages, with no commitment or payment.
- One (1) AI chatbot trained on the Client's website
- Up to 2,250 Messages per billing period
- Chatbot colour customisation
- Email support
Includes all Basic Plan features, plus:
- Up to 5,000 Messages per billing period
- Removal of the Clarity badge (white label)
- Analytics dashboard (interaction statistics)
- Priority support
The Client may change Plan at any time from their dashboard. The change takes effect immediately with a pro rata adjustment of the amount already paid.
Fair use policy
Each Plan includes a volume of Messages per billing period. In the event of significant or repeated exceedance of the applicable threshold, SUPOR Innovations reserves the right to apply temporary rate limits, temporarily suspend the bot concerned or propose an upgrade to a higher Plan. Except in security emergencies, the Client is notified in advance of any suspension.
Fair use and prohibitions
The Client undertakes in particular not to: use the service for illegal, fraudulent or unethical purposes; generate spam, harassment or unlawful content; attempt to access unauthorised systems or data; carry out any attempt at reverse engineering or decompilation; resell or redistribute the service without prior written authorisation.
Liability related to artificial intelligence
Responses generated by Clarity are produced automatically and may contain errors, inaccuracies or unsuitable information. The service is a communication aid and cannot replace professional, legal, medical or financial advice. The Client remains solely responsible for validating and using the generated responses.
Limitation of liability
SUPOR Innovations cannot be held liable for indirect, intangible or consequential damages. SUPOR Innovations' liability is strictly limited to proven direct damages and capped at the total amount actually paid by the Client during the three (3) months preceding the event giving rise to the damage.
Subscription and financial terms
The Clarity service is offered as a monthly subscription (no commitment, automatically renewed each month) or annual subscription (12-month commitment, billed in a single payment). Payment is made in Swiss francs (CHF) via the secure Stripe payment platform. In the event of non-payment, SUPOR Innovations reserves the right to immediately suspend access to the service.
Termination
Monthly subscription: cancel at any time from the dashboard. Effective at the end of the current billing month. No refund for the period started.
Annual subscription: cancel at any time from the dashboard. Effective at the end of the current annual period. No pro rata refund for the remaining period. The subscription will not be renewed at term.
The Client's data is retained for 30 days after the effective end of the subscription, then permanently deleted.
Content and data: Intellectual property
The Client retains full intellectual property of their content. By providing the URL of their website, the Client expressly authorises SUPOR Innovations to access and index publicly accessible pages (maximum 50 pages), temporarily store the extracted textual content, analyse this content using AI technologies (in particular OpenAI), and transmit the structured content to AI providers strictly for the operation of the chatbot.
This processing is carried out exclusively for the purpose of providing the Service and does not give rise to any autonomous commercial exploitation of the Client's content by SUPOR Innovations.
Force majeure
SUPOR Innovations cannot be held liable for any failure resulting from a force majeure event, including in particular third-party provider outages, natural disasters, government acts, widespread network failures, or cyberattacks of exceptional scale. If the event persists for more than 30 consecutive days, either party may terminate the contract without compensation.
Applicable law and jurisdiction
These GTC are governed by Swiss law. Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the courts of the Canton of Fribourg, Switzerland.
Contact
Email: contact@nexel.ch
Phone: +41 78 845 61 16
Address: Route de la Pâla 105, 1630 Bulle, Switzerland