Publisher

Terms of Use

Terms of Use for the Duale AI platform.

Publisher

DUALE AI, a French Simplified Joint Stock Company (SAS) with capital of €10,000

  • Paris Trade Register: 994 521 128
  • Registered office: 60 rue François 1er, 75008 Paris, France
  • Publication Director: Clémence Lesné
  • Email: contact+info@mail.duale.ai

Hosting:

  • Website: GitHub, Inc., 88 Colin P Kelly Jr St, San Francisco, CA 94107, USA, +1 (877) 448-4820
  • Application data: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany

Definitions

  • Platform: all services accessible via our website
  • Customer: legal entity or individual acting in a professional capacity, holding a contract with Duale AI
  • User: individual authorized by a Customer to access the Platform
  • Services: Platform functionalities, including creation and management of AI Agents
  • AI Agents: artificial intelligence systems configured via the Platform
  • Content: data, text, files submitted by the User
  • Outputs: results generated by AI Agents

Purpose

These Terms of Use define the conditions for using the Platform. See also the Terms and Conditions for commercial terms.

Acceptance

Use of the Platform implies acceptance of these Terms.

Acceptance through explicit checkbox (unchecked by default) during account creation. Mere browsing does not constitute acceptance. Duale AI retains proof of acceptance (timestamp, version of Terms accepted, IP address, user action).

Platform Access

Access is reserved for Users authorized by a Customer with an active contract. Users must be at least 18 years old.

Your credentials are personal and confidential. You are responsible for all activity on your account.

Multi-factor authentication (MFA) is available and recommended.

Artificial Intelligence Services

Service Description

The Platform enables the creation, configuration, and deployment of AI Agents based on large language models (LLMs). Models generate responses from User queries.

Data Processing and Enrichment

The Platform may:

  • Store and index your documents to make them accessible to AI Agents
  • Perform internet searches (public data only) to enrich responses

Internal models: Duale AI uses open-source models hosted on its European infrastructure for document indexing and search result ranking. These processes remain on Duale AI infrastructure.

Personal data is not transmitted to third parties during web searches.

Limitations

AI Agents may:

  • Make mistakes or “hallucinate” (invent information)
  • Reproduce biases
  • Vary in quality depending on complexity

Responsibility Allocation

Duale AI (Provider)Customer (Deployer)User
System AI Act complianceVerify provider complianceUse in accordance with Terms
Infrastructure securityAgent configurationVerify outputs
Technical documentationHuman oversight of decisionsReport anomalies
Correction of reported defectsCompliance with prohibited uses

Output Verification Obligation

Especially for:

  • Legal, financial, or medical decisions
  • External communications
  • Production code

Prohibited Uses

In accordance with Regulation (EU) 2024/1689 (AI Act), effective February 2, 2025, the following are prohibited:

  • Automated decisions affecting individuals without human oversight
  • Illegal content (hate speech, disinformation, CSAM)
  • Hacking or malicious acts
  • Identity theft
  • Emotion recognition in workplace or educational settings (except for medical or safety reasons)
  • Biometric categorization to deduce race, political opinions, trade union membership, religious beliefs, sexual orientation, or sex life
  • Social scoring based on social behavior or personal characteristics leading to detrimental treatment in unrelated contexts
  • Subliminal manipulation exploiting vulnerabilities (age, disability, social or economic situation)
  • Building facial databases through untargeted scraping of images from the internet or CCTV
  • Predictive policing based solely on individual profiling

Non-compliance may result in fines up to 7% of worldwide annual turnover.

Required Competence

You must understand how AI works to use it properly. Training is available in the Customer portal.

Health Data

Processing of personal health data requires certified hosting (HDS in France, HIPAA-compliant in the US).

The standard Duale AI offering does not include health data certifications. A dedicated compliant offering is available upon request: contact+hds@mail.duale.ai

Your Obligations

  • Use the Platform in accordance with its documentation and these Terms
  • Keep your credentials secret and do not share them
  • Do not hack, bypass, or test security without authorization
  • Respect intellectual property rights of Duale AI and third parties
  • Report any unauthorized access within 24 hours
  • Do not resell, sublicense, or make the Platform available to third parties

Content and Outputs

Your content remains yours. You grant Duale AI a non-exclusive, worldwide license for the duration of the contract, solely for the purpose of providing the Services.

AI outputs belong to you, subject to: (i) third-party rights in training data or source content, and (ii) applicable copyright law requirements for originality. Under EU law, copyright protection requires works to be the author’s own intellectual creation; purely AI-generated content without significant human creative input may not qualify for copyright protection.

Prohibited content: illegal, hateful, discriminatory, spam, disinformation, infringement of third-party rights.

Moderation (in accordance with the Digital Services Act): Duale AI may remove illegal content or suspend an account. Any moderation decision is justified and notified.

Intellectual Property

The Platform belongs to Duale AI. You have the right to use it while the contract is active, not to copy or resell it.

Personal Data

Controller: DUALE AI SAS — DPO: contact+dpo@mail.duale.ai

Data collected: name, email, connection logs, platform usage.

Legal bases (GDPR Art. 6):

  • Contract performance (Art. 6.1.b): account management, Service provision
  • Legal obligation (Art. 6.1.c): invoices, security logs
  • Legitimate interest (Art. 6.1.f): Service improvement, fraud prevention

Retention periods:

  • Account: contract duration + 5 years
  • Connection logs: 12 months (security)
  • Invoices: 10 years

Your rights (GDPR Art. 15-22): access, rectification, erasure, restriction, portability, objection → contact+privacy@mail.duale.ai (response within 1 month)

International transfers: The website is hosted by GitHub, Inc. (USA), certified under the EU-US Data Privacy Framework (adequacy decision upheld by EU General Court, September 2025). Application data remains in the EU (Hetzner, Germany). Standard Contractual Clauses (SCCs) are maintained as fallback mechanism.

Sub-processors: List of Subprocessors. A Data Processing Agreement (DPA) compliant with GDPR Article 28 is available upon request: contact+dpa@mail.duale.ai

Full details: Privacy Policy

Data Portability and Export

In accordance with Regulation (EU) 2023/2854 (Data Act), applicable from September 12, 2025, you may export all your data (prompts, outputs, configurations) in structured, machine-readable formats (JSON, CSV).

Methods:

  • Via interface: self-service export from your Customer portal
  • Via API: documented endpoints for interoperability
  • Upon request: contact+support@mail.duale.ai

Timelines and fees:

  • Change notice: 2 months maximum
  • Transition period: 30 days maximum
  • Export fees: none (switching charges eliminated from January 12, 2027)
  • Migration support: 2 months upon request

Security

Security measures:

  • Encryption (AES-256 at rest, TLS 1.3 in transit)
  • MFA recommended for all accounts (mandatory for administrators)
  • Data isolated per customer
  • Annual penetration testing

In case of incident (in accordance with NIS2 Directive, Article 23):

  • Early warning: within 24h of becoming aware of the incident
  • Incident notification: within 72h (initial assessment, severity, indicators of compromise)
  • Final report: within 1 month (detailed description, root cause analysis, corrective measures)

Report a vulnerability: contact+security@mail.duale.ai (responsible disclosure program)

Availability

Duale AI commits to a 99.5% monthly uptime target (excluding scheduled maintenance). Compensation terms for non-achievement are defined in the Commercial Terms.

Scheduled maintenance: 48h email notification. Emergency maintenance (security) may be performed without notice.

Liability

AI OUTPUTS ARE PROVIDED “AS IS” — they may contain errors or biases. Human verification is mandatory before any use.

Cap: Duale AI’s liability is limited to amounts paid by Customer in the preceding 12 months, per incident.

Exclusions: indirect damages (lost revenue, reputational harm, data loss, etc.)

The cap does not apply in cases of:

  • Gross negligence (faute lourde) or willful misconduct (dol) by Duale AI
  • Breach of GDPR obligations
  • Failure to provide essential Services (Article 1170 French Civil Code)
  • Personal injury

Suspension and Termination

Suspension by Duale AI: in case of serious Terms violation, fraud, security risk, or authority request. User is notified by email with reasons.

Termination by Customer: 30 days notice before end of current contract period.

Termination by Duale AI without fault: 3 months notice.

Termination for cause: immediate effect, no notice.

Consequences of termination:

  • 30 days to export your data (see Data Portability and Export)
  • Pro-rata refund of unused prepaid amounts
  • Data deletion after export period, except where legally required

Modifications

Any modification is notified by email 30 days before taking effect. In case of disagreement, Customer may terminate without penalty.

Disputes

Governing Law: These Terms are governed by French law.

Jurisdiction: Courts of Paris, France.

Statute of limitations: 5 years from the date the claimant knew or should have known of the facts giving rise to the claim (Article 2224 French Civil Code).

Claims: contact+support@mail.duale.ai

For US Users: You agree that any dispute arising from these Terms or your use of the Platform shall be resolved in the courts of Paris, France, and you consent to the personal jurisdiction of such courts. You waive any objection based on inconvenient forum.

Class Action Waiver: To the fullest extent permitted by applicable law, you agree to resolve any disputes on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions. This waiver does not apply to claims of sexual assault or sexual harassment pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022.

Miscellaneous

Terms + Commercial Terms + Privacy Policy = entire agreement. Invalidity of one clause does not affect others. Non-exercise of a right ≠ waiver.

Force Majeure

Neither party shall be liable for failure to perform obligations due to force majeure as defined by Article 1218 of the French Civil Code: an event beyond the debtor’s control, which could not reasonably have been foreseen at the time of contract formation, and whose effects cannot be avoided by appropriate measures.

Examples: natural disaster, war, pandemic, widespread cyberattack, major internet infrastructure failure, government action. Economic hardship or financial difficulties alone do not constitute force majeure.

If impediment is temporary, performance is suspended. If impediment is permanent or exceeds 90 days, either party may terminate without compensation, with 15 days notice.

Assignment

Customer may not assign the contract without prior written consent from Duale AI, except to a company it controls or that controls it, subject to prior written notice.

Duale AI may assign the contract to any successor or acquirer of all or part of its business, subject to 30 days notice to Customer.

Accessibility

Duale AI commits to making the Platform accessible in compliance with WCAG 2.1 Level AA guidelines and the European Accessibility Act (Directive 2019/882), applicable from June 28, 2025.

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