01Purpose and scope

These terms of service (the “Terms”) govern the provision of the Ask-it service by MKT CHN L.L.C., a New Mexico (United States) limited liability company, entity ID 0008015792, with its registered office at 8206 Louisiana Blvd NE, Ste A #5745, Albuquerque, NM 87113, United States (“Ask-it”), to any business customer (the “Client”). The service is for businesses only; it is not intended for consumers.

Any subscription implies acceptance of the Terms. They prevail over the Client's purchasing terms unless otherwise agreed in writing. A signed quote or order form may supplement the Terms and prevails in case of conflict.

02Definitions

  • Service: the design, deployment and operation of an AI-powered conversational diagnostic on the Client's online store, with the recommendation page, AI conversations, dashboard and integrations included in the plan.
  • Platform: the app.ask-it.ai application and related areas.
  • Visitor: any person who uses the diagnostic on the Client's store.
  • Diagnostic started: a diagnostic session opened by a Visitor, whether completed or not. It is the unit used for plan quotas.

03Subscription

The Service is subscribed to after a conversation with the Ask-it team, on a quote or order form, or directly through the Ask-it app on the Shopify App Store. In the latter case, Shopify's billing terms apply in addition to these Terms.

04Description of the Service

Ask-it designs the diagnostic from the materials provided by the Client (brand guidelines, catalog, preferences), submits it for the Client's approval in the builder area, then puts it live. As an indication, a first version is delivered within 7 days of receiving all materials.

Ask-it provides hosting, maintenance and updates of the Platform, and support at the level included in the plan.

05Plans and pricing

The current plans (Starter, Growth, Scale, Enterprise) and their prices are communicated to the Client before any subscription. Prices are in euros excluding taxes; applicable VAT is added. Each plan includes a monthly quota of diagnostics started.

Annual subscriptions are billed at the equivalent of 10 months.

When the monthly quota is reached, Ask-it notifies the Client, who has 7 days to upgrade to the next plan. Otherwise, the diagnostic may be paused until the start of the next period.

Ask-it may change its prices; any change is notified at least 30 days in advance and takes effect at the next renewal.

06Term, renewal and termination

Monthly subscriptions have no commitment: they renew every month and can be cancelled at any time, without notice. Cancellation takes effect at the end of the current month; no payment is taken for the following month.

Annual subscriptions run for 12 months and renew for further 12-month periods unless cancelled before the renewal date.

A subscription taken out through Shopify is cancelled from the Shopify admin. Amounts paid for the current period are not refunded.

In the event of a material breach not remedied within 15 days of formal notice, the other party may terminate with immediate effect.

07Billing and payment

Subscriptions are paid in advance at the start of each period, by automatic payment through our payment provider Stripe (or through Shopify billing for a subscription taken out on Shopify).

Any failed or late payment automatically incurs penalties equal to three times the French statutory interest rate and a fixed €40 recovery fee (article L. 441-10 of the French Commercial Code). If formal notice remains unanswered for 15 days, Ask-it may suspend the Service.

08Client obligations

  • provide accurate, up-to-date materials and hold the rights to the content, trademarks and visuals it supplies;
  • approve the diagnostic content before it goes live;
  • inform its Visitors of the processing of their data in its own privacy policy;
  • use the Service lawfully and not attempt to compromise its security.

09Ask-it obligations

Ask-it undertakes to provide the Service with care and in line with industry standards, under a best-efforts obligation. Ask-it uses reasonable means to keep the Platform available but cannot guarantee uninterrupted availability; maintenance interruptions may occur.

10AI-generated content

Part of the content shown to Visitors (profiles, recommendations, conversation replies) is generated by artificial intelligence. Despite the care taken, it may contain inaccuracies. It is neither medical advice nor a dermatological diagnosis. The Client remains responsible for the products it sells and the claims made about them.

11Intellectual property

The Platform, technology and know-how remain Ask-it's exclusive property. During the subscription, the Client has a non-exclusive, non-transferable right to use the Service.

The Client retains all rights to its trademarks, content and data. Unless the Client objects in writing, Ask-it may mention the Client's name and logo as a business reference.

12Personal data (data processing agreement)

For Visitor data, the Client is the controller and Ask-it acts as processor within the meaning of Article 28 of the GDPR. Ask-it undertakes to:

  • process the data only to provide the Service and on the Client's documented instructions;
  • keep the data confidential and bind its staff to confidentiality;
  • implement appropriate security measures (encrypted traffic, access control);
  • use sub-processors only with equivalent safeguards; their list is available on request and the Client is informed of any change;
  • help the Client respond to Visitors' requests to exercise their rights;
  • notify the Client of any personal data breach within 48 hours of becoming aware of it;
  • delete or return the data at the end of the contract, at the Client's choice;
  • make available the information needed to demonstrate compliance with these obligations.

Data processed: diagnostic answers, resulting profile, recommended products, interactions with AI conversations and, if the Visitor provides them, first name and email address. Duration: the term of the contract.

Ask-it may produce and publish aggregated, anonymized statistics that identify neither a Visitor nor the Client.

13Liability

Ask-it is liable only for direct, proven damage resulting from a breach of its obligations. It is not liable for indirect damage, including loss of revenue, customers or data. Ask-it's total liability is capped at the amounts paid by the Client in the 12 months preceding the event giving rise to the claim.

14Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code, including a major outage of hosting providers or of the Shopify platform.

15Confidentiality

Each party keeps confidential any non-public information received from the other, during the contract and for 3 years after it ends.

16Changes to the Terms

Ask-it may amend the Terms. New terms are notified to the Client at least 30 days before they take effect; if the Client does not accept them, it may terminate before that date.

17Governing law and disputes

These Terms are governed by French law. Failing an amicable settlement, any dispute falls under the exclusive jurisdiction of the courts of Paris, France.