Terms of Service

1. About these Terms

These Terms of Service ("Terms") govern your access to and use of Apshan's website, the Apshan dashboard, Apshan Tools, and any related interfaces (collectively, the "Service"), provided by Apshan, a French company identified in the Legal notice.

By creating an account, accessing the Service, or otherwise using Apshan, you agree to these Terms. If you do not agree, do not use the Service.

2. Definitions

Apshan, we, us

Apshan, the French company that publishes the Service. Full corporate identification is in the Legal notice.

Customer, you

The natural person or legal entity that has registered to use the Service.

Service

The Apshan website, dashboard, Apshan Tools, and any documented APIs.

Subscription

The paid right to access the Service on a recurring basis, under the tier and term selected at signup.

Customer Data

Queries, source citations, generated outputs, and other content you submit through the Service.

Supported LLM

The large language model clients Apshan officially supports for MCP integration. Currently: Mistral and Claude. The current list is published at /mcp.

Subprocessors

Third-party processors engaged by Apshan to deliver the Service. The current list lives at /subprocessors.

3. The Service

Apshan provides fashion intelligence as a service: structured, sourced answers drawn from Apshan's proprietary knowledge graph and inference stack. The Service is delivered through the website, the dashboard, and Apshan Tools.

Apshan curates the list of Supported LLMs to providers whose data residency and compliance posture align with our EU AI Act and GDPR commitments. Connections from non-Supported LLM clients are declined at the protocol layer.

The Service is positioned as a Limited Risk AI system under the EU AI Act (Regulation (EU) 2024/1689). Apshan delivers information to inform human decisions. Apshan does not make autonomous decisions about people, employment, credit, biometrics, or essential services.

4. Account creation and security

To use the Service, you must create an account with accurate, current information. You are responsible for safeguarding your credentials and for all activity occurring under your account.

You must be at least sixteen (16) years old to create an account. If you create an account on behalf of a legal entity, you represent that you have the authority to bind that entity.

Notify Apshan promptly of any unauthorized access at security@apshan.com.

5. Subscription, pricing, and payment

The Service is offered on a subscription basis. Subscription tiers, pricing, billing frequency, and applicable taxes are presented at signup. All amounts are quoted in euros (EUR) and are exclusive of value-added tax (VAT) unless stated otherwise.

Subscriptions auto-renew at the end of each Subscription term unless cancelled at least thirty (30) days before renewal. You may cancel through your account at any time; access continues until the end of the paid period.

Invoices are issued at the start of each Subscription term. Payment is due within fifteen (15) days of issuance. Late payments incur interest at three times the legal interest rate (French Code de commerce, Article L441-10) plus a fixed forty euro (€40) collection fee.

Apshan may suspend or terminate access for unpaid subscriptions after written notice and a reasonable cure period.

6. License to use the Service

Subject to your compliance with these Terms and continued payment, Apshan grants you a non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the Subscription term.

You may not:

• reverse engineer, decompile, or attempt to extract the underlying knowledge graph, trained models, or proprietary methodology;
• use the Service to build a competing product;
• resell, sublicense, or transfer access without Apshan's prior written consent;
• bypass or attempt to bypass the LLM client validation layer;
• use the Service in violation of applicable law.

The full Acceptable Use Policy is published at /aup.

7. Customer Data

You retain ownership of Customer Data. By submitting Customer Data, you grant Apshan a limited, non-exclusive license to process it solely to provide the Service and to perform our obligations under these Terms.

Apshan does not use Customer Data to train Apshan's models. Apshan does not sell Customer Data. Customer queries are kept inside your session and are not retained beyond the operational retention periods set out in the Privacy policy.

Where you submit personal data through the Service, you act as the data controller and Apshan acts as the data processor. The Data Processing Addendum (DPA) attached to your subscription governs that relationship.

8. Intellectual property

The Service (including all software, content, the knowledge graph, models, methodologies, designs, and Apshan trademarks) is and remains the exclusive property of Apshan or its licensors. These Terms grant no rights in any intellectual property except the limited license expressly granted in Section 6.

You retain all rights in Customer Data. Outputs generated by the Service in response to your queries may be used by you for your business purposes during your Subscription term, subject to applicable law and the rights of source rightsholders cited in the output.

9. Confidentiality

Each party shall keep confidential all non-public information disclosed by the other and shall use it only to perform under these Terms. Confidentiality obligations survive for five (5) years after the end of the relationship.

Confidentiality obligations do not apply to information that:

• becomes publicly known through no fault of the receiving party;
• was already known to the receiving party without confidentiality obligation;
• is independently developed by the receiving party without use of the disclosing party's information;
• must be disclosed by law or court order, with prior notice to the other party where lawful.

10. Privacy and data protection

Apshan processes personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the French Data Protection Act. Full details are published in the Privacy policy.

A Data Processing Addendum (DPA) is incorporated into these Terms when Apshan acts as a processor for Customer Data. The current list of subprocessors is published at /subprocessors. Apshan provides thirty (30) days' notice before adding or materially changing a subprocessor.

11. Service availability and warranties

Apshan uses commercially reasonable efforts to keep the Service available, but does not guarantee uninterrupted access. Maintenance windows, force majeure events, and third-party outages (including outages of Supported LLM providers) may temporarily affect availability.

The Service is provided "as is" and "as available". Apshan makes no warranties beyond those required by mandatory provisions of French law.

12. Limitation of liability

To the maximum extent permitted by law, Apshan's aggregate liability under these Terms is limited to the fees paid by the Customer for the Service in the twelve (12) months preceding the event giving rise to the claim.

Apshan shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business, loss of data, or business interruption, even if Apshan has been advised of the possibility of such damages.

Nothing in these Terms limits or excludes liability for fraud, gross negligence, or any liability that cannot be limited or excluded under mandatory provisions of French law.

13. Indemnification

You shall indemnify and hold Apshan harmless against any third-party claim arising from your breach of these Terms, your unlawful use of the Service, or your Customer Data infringing the rights of a third party.

14. Force majeure

Neither party is liable for any failure or delay in performance caused by events beyond reasonable control, including natural disasters, acts of war or terrorism, public health emergencies, government action, internet or telecommunication failures, strikes, or third-party service outages.

If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate without penalty.

15. Term and termination

These Terms remain in force for the duration of your Subscription term and automatically renew with each renewal of your Subscription.

Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. Apshan may suspend or terminate access immediately if you breach Sections 6 (License), 7 (Customer Data), or for non-payment after notice and a reasonable cure period.

Upon termination, your right to use the Service ceases immediately. Customer Data is retained for a thirty (30) day grace period during which you may export it; thereafter it is deleted, subject to legal retention obligations.

16. Governing law and dispute resolution

These Terms are governed by French law, without regard to its conflict-of-laws provisions. Before initiating any legal proceeding, the parties shall attempt in good faith to resolve disputes amicably.

Any dispute that cannot be resolved amicably is subject to the exclusive jurisdiction of the courts of Paris, France, except where mandatory consumer protection law provides otherwise.

17. Modifications to these Terms

Apshan may update these Terms from time to time. Material changes will be announced by email and surfaced in-product at least thirty (30) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

18. General provisions

These Terms, together with the Privacy policy, the Acceptable Use Policy, the Data Processing Addendum, and any other documents referenced, constitute the entire agreement between you and Apshan with respect to the Service and supersede any prior or contemporaneous understanding.

If any provision is found unenforceable, the remaining provisions remain in effect. These Terms and your Subscription may not be transferred or assigned by you without Apshan's prior written consent. Apshan may assign these Terms to an affiliate or successor entity without your consent.

Notices to Apshan should be sent to legal@apshan.com.

Contact

legal@apshan.com
Apshan, 6 Rue d'Armaillé, 75017 Paris, France.