Terms of Use - Pilot

BRAIKE - Pilot service (pilot.braike.com)

Preamble - Identification of the publisher

The Pilot service, accessible at pilot.braike.com (hereinafter “the Service”), is published by:

BRAIKE, a simplified joint-stock company (société par actions simplifiée – SAS) with share capital of EUR 20,000

Registered office: 18 bis rue de Villiers, 92300 Levallois-Perret

SIREN: 106 573 983 - SIRET (registered office): 106 573 983 00017 - RCS Nanterre 106 573 983

Intra-EU VAT number: FR67 106 573 983 (check digit to be confirmed on the tax certificate)

Publication Director: Antoine Mermet (President)

Contact: contact@braike.com - +33 6 76 04 56 69

Hosting: Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, United States (privacy@vercel.com)

Article 1 - Purpose

The purpose of these Terms of Use (hereinafter the “Terms”) is to define the terms and conditions under which professional users (hereinafter the “User”) access the Pilot Service and use the features offered therein.

Pilot is an AI-assisted advertising management copilot that enables the management of campaigns on the main advertising networks (Google Ads, Meta, TikTok and other connected platforms) through a conversational interface.

The Service is exclusively reserved for professional (business) customers. Subscriptions and financial terms are subject to separate contractual conditions entered into with each customer; consumer mediation is not applicable.

Article 2 - Acceptance of the Terms

Access to and use of the Service imply full and unreserved acceptance of these Terms. If the User does not accept these conditions, they are advised not to use the Service.

BRAIKE reserves the right to modify these Terms at any time. The applicable version is the one online at the time of consultation. In the event of a material change, the User will be informed in accordance with Article 11.

Article 3 - Access to the Service

Access to the Service requires the creation of an account and, where applicable, subscription to an offer. The User is responsible for the confidentiality of their credentials and for any activity carried out from their account.

BRAIKE uses all reasonable means to ensure the availability of the Service. It nevertheless reserves the right to interrupt access at any time, in particular for maintenance operations, without such interruption giving rise to any right to compensation.

BRAIKE does not warrant that the Service will be free from any bug or error, nor that it will be compatible with all hardware and software configurations.

Article 4 - Intellectual property

All elements of the Service (structure, texts, visuals, logos, interfaces, source code, models and tools) are the exclusive property of BRAIKE or its partners, and are protected by French and international intellectual property laws.

Any reproduction, representation, modification, publication, transmission or distortion, in whole or in part, of the Service or its content, by any means whatsoever, is prohibited without the prior written authorization of BRAIKE.

The BRAIKE and Pilot trademarks and logos are registered trademarks or trademarks pending registration. Any unauthorized use constitutes infringement. The names of third-party platforms (Google Ads, Meta Ads, TikTok Ads, etc.) are the property of their respective owners.

Article 5 - User conduct

The User undertakes to use the Service in a lawful manner and in compliance with these Terms. In particular, it is prohibited to: disrupt the operation of the Service (unauthorized automated scripts, attacks, circumvention of usage limits); attempt to access data or accounts to which the User is not authorized; reproduce or exploit the Service for competitive purposes without authorization; impersonate BRAIKE or a third party; or enter content that is unlawful or infringes the rights of third parties.

The User remains solely responsible for the instructions given to the Service and for the actions executed on their advertising accounts after their validation.

Article 6 - Personal data - GDPR

BRAIKE processes personal data in compliance with the General Data Protection Regulation (GDPR - EU 2016/679) and the amended French Data Protection Act. The detailed terms are set out in the Privacy Policy (pilot.braike.com/confidentialite).

To exercise your rights (access, rectification, erasure, restriction, portability, objection, withdrawal of consent) or for any question relating to your data, contact contact@braike.com. The data protection contact is Edris Paikan (CTO - contact@braike.com).

With respect to the advertising campaign data of the User’s clients, the User remains the data controller and BRAIKE acts as a processor (Art. 28 GDPR), within the framework of a Data Processing Agreement (DPA).

Article 7 - Cookies

The Service uses a session cookie (authentication) and a language preference cookie. The terms are described in the Cookie Policy (pilot.braike.com/politique-cookies).

Article 8 - Limitation of liability

The Service is provided “as is”. BRAIKE may not be held liable for: interruption of the Service for technical reasons beyond its control; decisions made by the User on the basis of the analyses and suggestions of the Service; direct or indirect damages resulting from the use of the Service; the content of third-party websites and platforms; or any malicious intrusion despite the security measures put in place.

BRAIKE may not be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 9 - Third-party links and services

The Service interfaces with third-party platforms (advertising networks, infrastructure services). BRAIKE exercises no control over these services and disclaims any liability as to their content, policies or availability. The use of these platforms remains subject to their own terms.

Article 10 - Governing law and competent jurisdiction

These Terms are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution prior to any legal action. Failing an amicable settlement within a period of 30 days, any dispute shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of BRAIKE’s registered office, unless a mandatory provision provides otherwise.

Article 11 - General provisions

If any of the clauses of these Terms is declared null or unenforceable, the other clauses shall remain in force. The fact that BRAIKE does not invoke a clause at a given time shall not constitute a waiver of its right to invoke it subsequently. In the event of a material change to these Terms, the User will be informed at least 30 days before its entry into force.

Governing language

This document is an English translation provided for information purposes only. The French-language version is the sole authoritative version and shall prevail in the event of any discrepancy or divergence of interpretation.