Legal
General Terms of Use and Sale
This English text is provided for information only. The binding version is the French one, available at gilbert-assistant.fr/conditions-utilisation. In the event of any discrepancy, the French version prevails.
1. Purpose and scope
These General Terms of Use and Sale (the “Terms”) govern:
- access to and use of the “Gilbert” SaaS service (the “Service”), covered by the terms of use,
- subscription, billing and provision of the Service, covered by the terms of sale.
The Terms apply to any use of the Service by consumers (B2C) and professionals (B2B).
Any use of the Service implies unreserved acceptance of the Terms by the User/Customer.
2. Publisher
LEXIA FRANCE, a simplified joint-stock company with share capital of €500, registered office at MAISON DE LA TECHNOPOLE, 6 RUE LEONARD DE VINCI, 53810 CHANGE, France, registered with the Laval Trade and Companies Register under number 928 955 426, SIRET 92895542600020, EU VAT number FR30928955426, represented by Mr Mathis Escriva, President.
Contact email: mathis@lexiapro.fr
Hosting: OVHcloud, data centres located in France.
3. Definitions
- User: any natural person using the Service.
- Customer: the User who takes out a subscription, or the organisation (B2B) subscribing for several Users.
- Account: the personal or organisational space giving access to the Service.
- Content: audio imported or recorded and the items generated from it (transcripts, summaries, write-ups, exports, metadata).
- Packs: paid additional credits increasing the audio quota beyond the subscription.
4. Description of the Service
4.1 Main features
Gilbert is a SaaS service providing, among other things:
- audio file upload,
- live recording and/or import,
- transcription and structuring of conversations (including speaker diarisation),
- generation of summaries and meeting write-ups,
- exports through templates,
- access on web, mobile and desktop.
4.2 Formats, limits and constraints
- Accepted formats: MP3 (subject to change).
- Maximum length per audio file: 5 hours.
- Output quality depends on audio quality, background noise, diction and accents.
4.3 Enterprise API
LEXIA may offer an Enterprise API under a separate agreement.
5. Changes to the Service
LEXIA reserves the right to change models, algorithms, technical components, providers, supported formats and features, while maintaining a consistent level of service.
In the event of a substantial change, LEXIA will inform the Customer within a reasonable time.
6. Account creation, access and security
Access requires the creation of an Account. Shared accounts are prohibited. The User is responsible for keeping their credentials confidential.
LEXIA keeps connection logs for 12 months for security purposes.
7. Free trial
LEXIA offers a free trial including 4 cumulative hours of audio. No payment card is required.
TERMS OF SALE
8. Offer, subscription and quotas
8.1 “Pro” plan
The “Pro” subscription includes 30 hours of conversation time per month, per User.
8.2 “Business” plan
The “Business” plan is aimed at teams. It is taken out on a monthly or annual subscription at the prices shown on the website (with a discount for annual commitment). It includes bespoke templates, a CRM integration and a custom model. Specific terms may apply, on quotation, for particular deployments.
8.3 Overage and Packs
Beyond the quota, further use requires the purchase of Packs (non-refundable, non-transferable).
9. Prices
Prices are shown on gilbert-assistant.fr and/or during the order process. LEXIA may change its prices; the new price applies at the next renewal.
10. Payment
Standard B2C and B2B: payment card. B2B on quotation: bank transfer possible.
In the event of non-payment, LEXIA may suspend or terminate access.
11. Term, renewal and termination
Monthly or annual subscription, renewed automatically by tacit renewal.
The Customer may terminate at any time through a one-click function. Termination takes effect at the end of the current period.
12. Right of withdrawal (B2C only)
Consumers have a period of 14 days. Where immediate performance has been requested, a pro-rata amount may be due.
Withdrawal is exercised by email to mathis@lexiapro.fr or using the model form (Annex 1).
13. Refund policy
B2B: no refunds unless otherwise agreed. B2C: no refunds other than under the right of withdrawal.
TERMS OF USE
14. Intellectual property
The Service and all associated elements are the exclusive property of LEXIA. The following are prohibited: reverse engineering, scraping, circumventing security, and use to build a competing service.
15. Content, ownership and responsibilities
Content belongs to the Customer/User. The Customer grants LEXIA a technical licence strictly necessary to provide the Service.
The Customer warrants that it holds the rights to the audio and has informed the individuals concerned.
16. Retention, deletion and exports
Audio: deleted after processing. Transcripts: kept for as long as the Account is active. Exports: not retained. Backups purged within 30 days of deletion.
17. Support
LEXIA does not access Content by default. Occasional access is possible only with express authorisation.
18. Availability and maintenance
The Service is provided on a best-efforts basis. LEXIA aims for 24/7 availability, subject to planned maintenance and technical incidents.
19. Acceptable use and suspension
The following are prohibited: illegal content, recordings made without consent, attacks on security, and misuse of the Service. LEXIA may suspend or terminate access in the event of a breach.
It is for the User to ensure they hold the legal authorisations required to record a conversation and, where applicable, to inform participants in accordance with the applicable regulations.
20. Limits of automated processing
The Service relies on automated processing which may contain errors. Results must be checked before use.
The Service is an aid to structuring conversations and does not replace human validation, particularly in a legal, contractual or regulatory context.
21. Liability and limitation
LEXIA is bound by an obligation of means. B2B cap: the amount paid over the last 12 months. B2C limitations comply with mandatory statutory provisions.
22. Personal data and GDPR
B2C: LEXIA is the data controller. B2B: LEXIA acts as processor for the Content (DPA in Annex 2). Hosting within the European Union. No model training on Customer data.
23. Changes to the Terms
LEXIA may amend the Terms. Continued use after an update constitutes acceptance.
24. Force majeure
LEXIA cannot be held liable in the event of force majeure.
25. Governing law and jurisdiction
B2C: the courts having jurisdiction under statutory rules. B2B: exclusive jurisdiction of the courts of Laval, France.
ANNEX 1 · MODEL WITHDRAWAL FORM (B2C)
To: LEXIA FRANCE, MAISON DE LA TECHNOPOLE, 6 RUE LEONARD DE VINCI, 53810 CHANGE, France
Email: mathis@lexiapro.fr
I hereby give notice of my withdrawal from the contract for subscription to the Gilbert Service:
- Ordered on: …
- Consumer’s name: …
- Consumer’s address: …
- Account email: …
- Date: …
- Signature (if on paper): …
ANNEX 2 · DATA PROCESSING AGREEMENT (DPA), ARTICLE 28 GDPR (B2B)
1. Purpose
This annex governs the processing by LEXIA, as processor, of the personal data contained in the Content, on behalf of the Customer as controller.
2. Duration
The term of the contract, plus the deletion and purge periods.
3. Nature of the operations
LEXIA is authorised to process the data solely for: transcription, structuring, summarisation, display, exports, security, maintenance and support (where authorised).
4. Categories of data
- Identification data: email, credentials, billing details.
- Security data: connection logs.
- Content data: voice, names, job titles, information discussed, metadata.
5. LEXIA’s obligations
- Process the data solely on the Customer’s instructions,
- Ensure confidentiality,
- Implement appropriate security measures,
- Assist the Customer with data subject requests,
- Notify any data breach as soon as possible,
- Allow reasonable audits.
6. Sub-processors
General authorisation from the Customer. LEXIA gives notice of any change. The Customer may object on legitimate grounds.
7. Location
European Union.
8. Support access
Subject to express authorisation, limited and logged.
9. Reuse / Training
Prohibited unless separately and explicitly agreed.
10. Fate of data at the end of the contract
Return by export and/or deletion. Backups purged within 30 days.