Pimster — Terms of Service

1. Purpose

Krafter App (“Pimster”, “we”, “our”, “us”) offers its business customers (“Clients”) a software-as-a-service platform that lets them create and publish white-label digital product assistants and collect engagement data on end users (the “Services”). The public-facing component (the “Assistant Interface”) is available at the URL stated in the relevant quotation (the “Quote”).

Pimster also provides the Client and its authorised employees (“Users”) with a secure administration console (the “Admin Console”) that allows them to (i) customise the look-and-feel of the Assistant Interface and (ii) access traffic and performance analytics. The access URL is specified in the Quote.

These Terms of Service (the “Terms”) set out the conditions for subscribing to and using the Services and define the respective rights and obligations of the parties. Together with each Quote they form the binding agreement (the “Agreement”).

Hierarchy – in case of conflict: (i) the most recent Quote prevails over older ones; (ii) each Quote prevails over these Terms.

2. Service Provider & Contact

The Services are provided by Krafter App, a French simplified joint-stock company registered with the Versailles Trade Register under No. 822 405 361, having its registered office at 9 rue Guynemer, 78150 Le Chesnay-Rocquencourt, France.

For support or complaints:

• Postal — 9 rue Guynemer, 78150 Le Chesnay-Rocquencourt, France
• Email — support@pimster.app

3. Licence Grant

3.1 Scope

Pimster grants the Client a worldwide, non-exclusive, non-transferable, subscription-term licence to use the Assistant Interface and Admin Console (including documentation) solely for the purposes of the Agreement and strictly for the number of Users stated in the Quote.

3.2 Restrictions

The Client shall not, and shall ensure that Users do not:

• copy, adapt, reverse-engineer or otherwise exploit the Admin Console;
• commercialise, sublicense, lease or loan the Assistant Interface or Admin Console to any third party;
• integrate the Services into any system other than as expressly permitted;
• expose the Services to public networks (including the Internet) except via the official URLs provided by Pimster.

Licence rights are conditional upon full and timely payment (see §9).

3.3 White-Label Branding

Upon request the Assistant Interface can be delivered white-labelled with the Client’s logo and colour scheme, with the discreet mention “Powered by Pimster”. Pimster will not use the Client’s trademarks without prior written consent and will follow the Client’s brand guidelines within technical limits.

4. Access to the Services

4.1 Legal Capacity

The Services are available to:

• natural persons with full legal capacity;
• legal entities acting through a duly authorised individual.

4.2 Professional-Only Service

The Services are intended exclusively for professionals (business users).

5. Ordering & Acceptance

1. Needs assessment — The Client must supply the information required for Pimster to draft a Quote (price & duration).
2. Validity — Unless stated otherwise, a Quote is valid for 30 days.
3. Acceptance — Validation (email is sufficient) within that period forms the Agreement and implies full acceptance of these Terms.
4. Changes — Any modification triggers a new Quote; the latest Quote prevails.

6. Admin Console Accounts

Pimster creates individual login credentials for each User. The Client must keep credentials confidential and notify Pimster immediately of any suspected compromise. All actions performed with valid credentials are deemed Client actions.

7. Description of Services

7.1 Functional Scope

Exact features are listed in the Quote and described in-app.

7.2 Hosting & Security

Pimster provides hosting in French data centers, applies state-of-the-art security (TLS 1.3, AES-256, ISO 27001 practices) and commits to 98% availability (see §8).

7.3 Support

Email support: support@pimster.app

7.4 Additional Services

Pimster may offer new services or features at its discretion.

8. Service-Level Commitment

Pimster targets 24/7 uptime with 98% monthly availability, excluding:

• telecom or Internet outages beyond Pimster’s control,
• scheduled maintenance (advance notice provided),
• force majeure (see §22).

Breach of this SLA does not by itself justify contract termination; liability is limited per §14.

9. Fees & Payment

9.1 Prices

Prices are stated in the Quote, exclusive of French taxes.

9.2 Invoicing & Method

Pimster issues invoices according to the schedule in the Quote. Payment is due by bank transfer or credit card via the secure processor indicated in the Quote.

9.3 Late Payment

Late payment triggers, automatically and without notice:

• immediate maturity of all sums owed,
• suspension of Services and Admin Console access,
• takedown of the Assistant Interface,
• late-payment interest at 3 × the French legal rate plus a €40 recovery fee.

10. Term & Renewal

The Services are provided by subscription (the “Subscription”). The initial term (“Initial Period”) starts on the first invoicing date as per the Quote. Unless terminated in writing within the notice periods below, the Subscription renews tacitly.

Subsequent renewals can be month-to-month or yearly, as chosen in the Quote.

11. Evidence Convention

Logs and records kept in Pimster’s systems constitute prima facie evidence of operations and will prevail unless proven otherwise.

12. Client Obligations

The Client shall:

• use the Services in compliance with law and these Terms;
• be responsible for all User actions and any content they publish;
• provide accurate information and cooperate with Pimster;
• retain all necessary rights to any data or media uploaded;
• avoid publishing illegal, defamatory, obscene or infringing content.

The Client alone is liable for its network connectivity and security.

13. Indemnification

The Client shall indemnify and hold harmless Pimster from any claim arising from the Client’s breach of these Terms.

14. Pimster’s Liability

Pimster provides the Services with commercially reasonable skill and care (best-effort obligation). Pimster’s aggregate liability for direct damages is capped at the total fees paid by the Client in the 12 months preceding the claim.

15. Prohibited Conduct

The Client must not use the Services for illegal activity, security breaches, system overloads, or to copy or divert Pimster technology. Resale or sublicensing is forbidden.

16. Remedies for Breach

Pimster may suspend or terminate access, remove content, alert authorities or take legal action in case of breach. Serious breach allows immediate contract termination.

17. Confidentiality

Each party must keep the other’s non-public information confidential for three years after the Agreement ends. Personal data handled by Pimster are covered by this duty.

18. Intellectual Property

Pimster retains all IP rights in its software, databases and content, except for Client content. Any unauthorised reproduction or reverse engineering is prohibited.

19. Personal Data

Pimster acts as processor; the Client is data controller. Processing details and sub-processors are set out in Annex 1. Both parties comply with GDPR and French Data-Protection Act.

20. Public References

The Client authorises Pimster to use its name and logo as a business reference for the term of the Agreement and one year thereafter.

21. Third-Party Links

Pimster is not responsible for third-party sites or transactions accessed via the Assistant Interface.

22. Force Majeure

Neither party is liable for failure caused by events beyond its reasonable control (Article 1218 French Civil Code). Either party may terminate the Agreement if force majeure lasts more than one month.

23. End of Contract

Upon termination the Client must cease all use and Pimster will, on request, provide data export in a standard format and then delete remaining data, subject to full settlement of outstanding invoices.

24. Advertising

Pimster may place promotional messages in the Admin Console in coordination with the Client.

25. Changes to the Terms

Pimster may modify these Terms with 30 days’ notice. Continued use equals acceptance. If the Client objects, it must cancel per §10.

26. Language

If these Terms are translated, the French version prevails in case of conflict.

27. Governing Law & Jurisdiction

This Agreement is governed by French law. Exclusive jurisdiction belongs to the Commercial Court of Paris, unless mandatory procedural rules dictate otherwise.

Annex 1 — Data-Processing Details

A. Processing Purpose

• Provide end users with product instructions;
• Enable Clients to analyse solution usage;
• Collect visitor data for the Client’s CRM and marketing.

B. Operations Performed

Collection, storage, structuring, consultation, use, interconnection, deletion.

C. Data Categories

• Identification & contact data (name, email, postal address);
• Navigation data (IP, pages viewed, connection history);
• Any data collected via Client-configured forms.

D. Data Subjects

Visitors (end users who access the Assistant Interface).

E. Retention Period

For the duration of the Agreement.

F. Sub-Processors