General Terms and Conditions of Sale and Use
These general terms and conditions of sale and use are dated: January 15, 2025
DEFINITIONS
Besides the terms defined elsewhere in this document, the terms and expressions listed below, and of which the first letter will appear in capital, will have the following meaning. These terms shall have the same meaning whether they are written in the singular or the plural.
"Account": refers to the Client's account created in accordance with the conditions set forth herein, accessible from the Website and enabling the Client to subscribe to the AI Services on the Website;
"Client": refers to any natural or legal person who has created an Account on the Website and has subscribed to a Subscription on the Website;
"Content": refers to the content such as text, images or videos generated by the AI Services for the Client;
"Credit": refers to the unit allowing the generation of Content via the AI Services;
"General Terms and Conditions of Sale and Use" or "General Conditions": refers to the present general terms and conditions defining the terms and conditions of subscription to and of use of the AI Services by the Clients;
"Login Details": refers to the username or pseudonym chosen by the Client (login), as well as their secret code (password) allowing the Client to access their Account;
"BlueGPT": refers to the company InspireLabs, as defined in the Legal Notice of the Website;
"Order": refers to any act of subscription to the AI Services placed on the Website by the Client;
"Services": refers to the means and features made available to Clients by BlueGPT on the Website to access and use the AI Services;
"Subscription": refers to the subscription to the AI Services offered by BlueGPT to Clients on the Website;
"Website": refers to the Website provided by BlueGPT, which gives access to the Services and available at the following address: https://bluegpt.app. The Website includes in particular all computer components (notably software and computer developments and web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, user documentation relating to the use and operation of the Website), the graphic charter (including projects, mock-ups, prototypes and plans), the infrastructure as well as the content (notably texts, sounds, fixed or animated images, videos and databases).
NATURE OF BlueGPT'S SERVICE
BlueGPT is an intermediary platform and aggregator service. BlueGPT provides access to third-party artificial intelligence models and services developed, trained, and operated by independent providers including but not limited to OpenAI, Anthropic, and other AI technology companies. BlueGPT does NOT create, train, develop, control, or maintain these underlying AI models.
BlueGPT's role is strictly limited to:
- Providing a technical interface to access third-party AI services;
- Managing user accounts and subscriptions;
- Processing payments and credit allocations;
- Facilitating data transmission between users and third-party AI providers.
BlueGPT exercises NO CONTROL over:
- The algorithms, training data, or methodologies used by AI model providers;
- The accuracy, reliability, or quality of AI-generated outputs;
- The policies, terms, or practices of third-party AI providers;
- The availability, performance, or functionality of third-party AI services.
ALL RESPONSIBILITY for the quality, accuracy, appropriateness, and legality of AI-generated outputs lies EXCLUSIVELY with the third-party AI model providers who create and operate these models. BlueGPT acts solely as a conduit and assumes NO LIABILITY WHATSOEVER for any aspect of the AI-generated content or services provided by third parties.
- 1. PURPOSE AND ENFORCEABILITY
The present General Conditions aims at defining the contractual relations between BlueGPT and the Client as well as the conditions and the features of BlueGPT's AI Platform.
The General Conditions must systematically be addressed to the Clients prior to their accessing and using the Services. The General Conditions apply exclusively to all uses and Orders placed on the Website and prevail over all other conditions, except those that have been expressly accepted by BlueGPT. Consequently, all other conditions will only bind BlueGPT after written confirmation by its representative.
IMPORTANT: NOTE TO CLIENTS
ANY ORDER FROM THE WEBSITE IMPLIES THE CLIENTS' EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THE GENERAL TERMS.
BY CHECKING THE BOX: " I accept these General Terms and Conditions of Sale and Use " AND BY ACCEPTING THEM WHEN ACCESSING THE WEBSITE AND/OR ACTIVATING THE SERVICES, THE CLIENT ACKNOWLEDGES THAT THEY ARE BOUND BY THE ENTIRE GENERAL TERMS AND CONDITIONS OF SALE AND USE.
- 2. DESCRIPTION OF SERVICES
BlueGPT allows Clients to subscribe to a comprehensive AI platform on the Website providing access to advanced artificial intelligence services including conversational AI agents, AI-powered image generation, and AI-powered video generation for creative and professional tasks.
This AI platform consists in providing Clients with access to multiple AI services: conversational AI agents for text-based assistance, AI image generation tools for creating visual content, and AI video generation capabilities for multimedia content creation.
Clients with an Account can subscribe to the AI platform on the Website and have access to additional services, including:
- monitoring of the current Subscription
- access to the history of conversations, generated images, and videos
- access to invoices relating to Subscriptions; and
- cancellation of the Subscription.
- 3. SERVICES
- 3.1. Description of the offer
The characteristics of the AI Services offered by BlueGPT are those appearing on the Website on the day of the Order.
The offers of AI Services are valid as long as they are visible on the Website, subject to the availability of the AI Services at the time of the reception of the Order by BlueGPT.
Moreover, as the AI Services may be subject to evolutions, BlueGPT reserves the right to modify the specifications, features and content of the AI Services, for any reason whatsoever, or to stop offering the AI Services. These modifications and/or withdrawals may occur at any time without notice, including after the placing of their Order by the Client if these changes result from the application of standards, texts or regulations whatsoever that might apply to the AI Services, without BlueGPT's responsibility being engaged.
Third-Party Service Dependency: The AI Services provided through BlueGPT are entirely dependent on third-party AI model providers. BlueGPT does NOT develop, create, train, or control these AI models and therefore bears NO RESPONSIBILITY for their performance, availability, quality, or outputs. All technical and operational responsibility for AI model functionality lies with the respective third-party providers. BlueGPT acts solely as an access platform and intermediary, with NO control over or liability for the underlying AI technologies. The Client acknowledges that any issues, errors, limitations, or failures of the AI Services are attributable to the third-party providers, not BlueGPT.
- 3.2. Features of the AI Services
The AI Services are accessible through the Website and include content generation, image creation, and video production capabilities.
Access is provided through subscription plans that include monthly Credit allocations.
The AI Services include:
- Conversational AI: Text-based AI assistants for various tasks
- Image Generation: AI-powered creation of images from text prompts
- Video Generation: AI-powered creation of videos from text prompts
Different AI services consume different amounts of Credits:
- Text generation: Lower credit consumption
- Image generation: Moderate credit consumption
- Video generation: Higher credit consumption due to computational requirements
Subscriptions provide monthly or annual access to the AI Services with included Credit allocations.
All AI Services are immediately accessible upon subscription activation without additional setup or configuration required.
BlueGPT will use commercially reasonable efforts to make available on the Website the essential characteristics of the AI Services and the information that the Client should receive under the applicable law, subject to technical and operational limitations. This presentation may be modified and/or updated on the Website at any time.
The Client undertakes to read this information carefully before placing an Order on the Website.
The AI Services are designed to comply with the European legislation in force and the standards applicable in France. BlueGPT uses commercially reasonable efforts to maintain such compliance but disclaims all liability for any non-compliance resulting from changes in applicable laws, third-party service providers, or technical limitations.
- 3.3. Ordering process of the AI Services
3.3.1. Clients wishing to place an Order warrant that they are acting in their personal capacity, on their own behalf, are 18 years of age or older, are fully entitled to place the relevant Orders and to use the relevant means of payment, and that such means of payment provide access to sufficient funds to cover all costs resulting from the Order of the AI Services.
BlueGPT does not verify the age of Clients and disclaims all liability if a Client provides false information regarding their age. It is the sole responsibility of legal guardians to monitor and control internet access and online purchases by minors.
BlueGPT reserves the right to refuse the Orders of any Client in case of (i) unavailability of the AI Services selected by the Client in their Order, (ii) existence of a dispute between the Client and BlueGPT as to a previous Order and/or payment of BlueGPT invoices, (iii) abusive or inappropriate behavior (Order in abnormal quantity, etc).
3.3.2. In order to place an Order, the Client selects the AI Services to which they wish to subscribe and fills in the required information in the order form (name, e-mail address).
The Client may modify the Order and correct any errors in the list of Services before confirming the Order.
The Client confirms acceptance of the Order by checking the box to validate these General Conditions and then clicking on the validation button.
3.3.3. Once the Client has accepted these General Conditions and validated the Order, the Client shall enter the payment method and proceed with the payment of the Order in accordance with the terms and conditions set forth in Article 5.
Upon receipt of payment for the Order, BlueGPT will use commercially reasonable efforts to send the Client an Order confirmation by electronic mail, summarizing the essential characteristics of the Service(s) ordered, the total price, the Order tracking number as well as any other element that may be relevant, subject to technical limitations and email delivery constraints.
This confirmation entails the conclusion of the contract between the Client and BlueGPT and commits them irrevocably.
Any Order will generally be the subject of an invoice which will be sent to the Client by electronic mail, subject to technical limitations and email delivery constraints. BlueGPT disclaims all liability for any delays or failures in invoice delivery due to technical issues or email service provider failures.
Any Order carried out is firm and final with the validation of the Order by the Client. From then on, the Order cannot be modified or cancelled, except for subscription plan changes (upgrades or downgrades) which can be made at any time from the Client's Account in accordance with the provisions of Article 3.3.4, and except as provided in Article 17 regarding the commercial refund guarantee.
3.3.4. Subscription Plan Changes
Clients may upgrade or downgrade their subscription plan at any time from their Account. Plan changes are processed through BlueGPT's payment provider (Stripe) and take effect immediately upon confirmation.
Upgrades: When a Client upgrades to a higher-tier subscription plan during a billing cycle, the Client will be charged on a prorated basis for the price difference between the current plan and the new plan, calculated for the remaining days of the current billing period. The Client immediately receives access to the higher Credit allocation and features associated with the new plan. BlueGPT disclaims all liability for any billing errors, calculation discrepancies, or payment processing issues arising from plan upgrades, which shall be subject to the payment provider's terms and policies.
Downgrades: When a Client downgrades to a lower-tier subscription plan during a billing cycle, the downgrade takes effect immediately. The payment provider calculates a prorated credit adjustment that will be applied to the Client's next billing cycle. The Client's Credit allocation is immediately adjusted to match the new lower-tier plan. If the Client has already consumed more Credits than the new plan's monthly allocation at the time of downgrade, the Client will not be able to generate additional Content until the next monthly Credit renewal, though access to the Website and previously generated Content remains available. BlueGPT disclaims all liability for any Credit discrepancies, billing adjustments, or access limitations resulting from plan downgrades.
BlueGPT does not control the payment provider's prorated calculations, billing adjustments, or refund processing and disclaims all liability for any errors, delays, or inaccuracies in such processes. Clients acknowledge that all billing operations are subject to the payment provider's terms, conditions, and technical limitations.
- 4. SUBSCRIPTION
- 4.1. Trial Credits
BlueGPT may, at its sole discretion and without any obligation, offer complimentary trial Credits to new users who register on the Website without an active paid subscription.
New users may receive a limited allocation of complimentary Credits upon registration (typically 40 Credits or such other amount as BlueGPT may determine) to test the AI Services. These trial Credits are provided solely for evaluation purposes and are limited to text-based conversational AI services only. Trial Credits cannot be used for AI image generation or AI video generation services due to their higher computational costs. Trial Credits have no monetary value, cannot be refunded, transferred, or exchanged for cash, and expire upon subscription to a paid plan or after a period determined by BlueGPT.
At any time and without notice, BlueGPT reserves the right to (i) modify the amount, terms, and conditions of trial Credits, (ii) restrict trial Credits to specific AI services, (iii) limit eligibility for trial Credits based on geographic location, previous usage, or other criteria, or (iv) cancel, suspend, or discontinue trial Credit offers. BlueGPT disclaims all liability for any changes, modifications, or termination of trial Credit offers.
Trial Credits are intended solely for evaluation and testing purposes. BlueGPT reserves the right to revoke trial Credits or terminate trial access at any time if BlueGPT determines that the trial Credits are being misused, abused, or exploited for commercial purposes or in violation of these General Terms.
4.2. Subscription period
The AI Services are offered in the form of either a monthly or annual Subscription. The Client is free to select one of these.
Subscriptions are available in monthly or annual periods according to the chosen plan.
The Subscription gives access to Credits allowing the use of all AI services including conversational AI, image generation, and video generation.
The number of Credits available to the Client is determined by the subscription plan selected and indicated on the pricing page at the time of the Order. Different AI services consume different amounts of Credits based on their computational requirements (text generation, image creation, video production).
Credits are allocated monthly at the beginning of each calendar month, regardless of the subscription billing cycle (monthly or annual payments). Each monthly Credit allocation expires at the end of the calendar month and unused Credits are not carried over or refunded. For annual subscriptions, Clients receive a new monthly Credit allocation at the start of each month throughout their annual period.
Credits are consumed based on usage of AI services. Unused Credits during the month will be lost and will not be refunded or paid under any circumstances. Credits have no monetary or other value outside the Website and cannot be exchanged for cash.
If a Client exhausts their monthly Credit allocation before the end of the month, they will no longer be able to generate new Content using the AI Services (conversational AI, image generation, video generation) until their Credits are renewed at the beginning of the next monthly period. However, the Client will retain full access to the Website, including the ability to view previously generated Content and manage their Account.
Clients who exhaust their Credits may upgrade to a higher subscription plan at any time to receive additional Credits immediately.
At the end of each period, the Subscription will automatically be renewed under the same conditions.
The Subscription may be terminated at any time by the Client from their Account dashboard. The cancellation will take effect at the end of the current billing period.
- 5. FINANCIAL CONDITIONS
- 5.1. General provisions
The price of the AI Services is the one currently indicated at the time of the Order by the Client.
Prices are displayed on the Website and are expressed in euros (€) excluding taxes.
The prices include the TVA applicable on the date of the Order. Any change in the applicable rate may be reflected in the prices of the AI Services after the effective date of the new applicable rate. In this case, BlueGPT will inform the Clients.
The AI Services are offered through subscription plans with different credit allocations and features as displayed on the pricing page.
5.2. Subscription pricing
Subscription plans include a fixed monthly or annual fee providing access to a specific number of Credits. The exact pricing and credit allocation for each plan are displayed on the pricing page at the time of subscription.
The amount of the Subscription is due monthly or annually depending on the chosen billing cycle, on the anniversary date of the Order.
5.3. Payment method
The payment is made exclusively on the Website.
The Order is payable by credit card (credit card, Visa card, Discover Card, Mastercard, American Express).
Confidential data such as the sixteen (16) digit credit card number as well as the expiration date, the CVV code are directly transmitted encrypted on the bank's server and BlueGPT does not have access to these data. The bank will collect and keep all the transactions made by the Clients.
BlueGPT will use commercially reasonable efforts to implement appropriate security measures to protect the security and confidentiality of data transmitted online as part of the online payment on the Website. BlueGPT does not guarantee absolute security and disclaims all liability for security incidents despite such efforts. It is for this reason specified that all information relating to payment provided by the Client on the Website are transmitted to the payment providers of BlueGPT and are not processed on the Website.
The Client undertakes to be the authorized holder of any credit/debit card or means of payment that they will use for the payment of the Orders and that this means of payment gives access to sufficient funds to cover the amount of the purchase.
Upon receipt of the Order, a request to debit the bank account will be sent to the paying organization. The Order will be validated upon receipt of the right to debit the account by the paying organization. In the event of payment by credit card, the Client will be debited with the amount defined at the time of validation of the payment.
In case of refusal of the transaction, the Client's Order will be automatically cancelled.
BlueGPT shall not be held responsible in case of fraudulent use of the payment methods used.
5.4. Invoices
The sums paid by the Client are subject to invoices issued by InspireLabs.
The invoices are generally established in the Client's name and are sent at each payment (monthly for monthly subscriptions, annually for annual subscriptions) by electronic mail to the address given by the Client at the time of their Order, subject to technical limitations and email delivery constraints.
Whatever the method of Order and the method of payment, the invoices are sent at the time of the confirmation of the Order by electronic mail as an attachment in PDF format to the Client at the electronic address given at the time of the creation of their Account and are available at any time for consultation and downloading from the Website via the Account.
- 6. LIABILITY OF BlueGPT
6.1. NO LIABILITY FOR THIRD-PARTY AI OUTPUTS
BlueGPT SHALL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, for any aspect of content, outputs, or results generated by third-party AI models, including but not limited to:
- Accuracy and Correctness: BlueGPT makes NO representations, warranties, or guarantees regarding the accuracy, correctness, truthfulness, reliability, or completeness of any AI-generated output. AI models may produce factually incorrect information, biased results, or "hallucinations" (plausible but false information).
- Suitability and Fitness: BlueGPT does NOT warrant that AI-generated outputs are suitable, appropriate, or fit for any particular purpose, use case, or application.
- Legal Compliance: BlueGPT makes NO guarantee that AI-generated outputs comply with applicable laws, regulations, professional standards, or ethical guidelines.
- Harmful or Offensive Content: BlueGPT does NOT control and cannot be held responsible if AI models generate harmful, offensive, defamatory, illegal, or otherwise objectionable content.
- Intellectual Property: BlueGPT makes NO warranty regarding potential intellectual property infringement in AI-generated outputs.
ALL LIABILITY FOR AI MODEL OUTPUTS RESIDES EXCLUSIVELY WITH THE THIRD-PARTY PROVIDERS (OpenAI, Anthropic, etc.) who develop, train, and operate these models. BlueGPT's role is strictly limited to providing technical access to these third-party services. Any claims, disputes, or legal actions regarding AI outputs must be directed to the relevant third-party AI provider, not BlueGPT.
CLIENT'S SOLE RESPONSIBILITY: The Client acknowledges and accepts that BlueGPT is merely an intermediary platform and that the Client uses third-party AI services ENTIRELY AT THEIR OWN RISK. The Client bears SOLE AND EXCLUSIVE RESPONSIBILITY for:
- Verifying, validating, and fact-checking ALL AI-generated outputs;
- Determining the suitability of AI outputs for their intended use;
- Ensuring compliance with applicable laws and regulations;
- Any decisions, actions, or consequences resulting from reliance on AI outputs;
- Any damages, losses, claims, or liabilities arising from the use of AI-generated content.
The Client EXPRESSLY WAIVES any right to hold BlueGPT liable for errors, inaccuracies, defects, or any other issues with AI-generated outputs, and agrees to indemnify and hold BlueGPT harmless from any claims arising from the Client's use of such outputs.
6.2. GENERAL LIABILITY PROVISIONS
Except as expressly provided, the AI Services provided by BlueGPT are provided "AS IS" and BlueGPT expressly disclaims all warranties and representations of any kind, including any warranty of functionality or quality. In particular, the Client acknowledges that BlueGPT's AI Services integrate solutions developed by its suppliers and that BlueGPT shall not be held responsible for delays, failures, interruptions or service failures related to these third-party solutions.
Non-performance or bad execution of the Clients' contractual obligations, in particular when placing their Order, shall not constitute a ground for liability on the part of BlueGPT.
BlueGPT shall not be held responsible or considered to have failed to comply with the General Terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts.
In particular, BlueGPT cannot be held responsible for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is the responsibility of the Client to take all appropriate measures to protect their own data and/or software, in particular from contamination by any viruses circulating on the Internet.
It is also specified that BlueGPT does not control the websites that are directly or indirectly linked to the Website. Consequently, it excludes any responsibility for the information published there. The links to third party websites are provided for information purposes only and no guarantee is given as to their content.
In general, in the event that a Client does not comply with these General Conditions, the Client acknowledges and accepts that they are solely responsible for any direct or indirect damage resulting from this towards BlueGPT
- 7. OBLIGATIONS OF CLIENT
Clients agree to abide by these General Terms and to use the Website in accordance with the instructions of BlueGPT.
Clients agree to comply with their financial obligations.
Clients agree that they will use the Website only for their own use in accordance with these General Terms. In this regard, Clients agree to refrain from:
- posting, uploading, publishing, submitting or transmitting any Content that: (i) infringes, misappropriates or violates any right of any third party, including, without limitation, any patent, copyright, trademark, trade secret, moral right or other intellectual property right, or rights of publicity or privacy; (ii) violates or encourages any action that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or threatening actions to any person or entity; or (vii) promotes illegal or harmful activities or substances ;
- using the Website in any manner that is unlawful, for any purpose that is unlawful or in any manner inconsistent with these General Terms;
- selling, copying, reproducing, renting, leasing, loaning, distributing, transferring or sublicensing any of the content on the Website;
- decompile, reverse engineer, disassemble, modify, display in a form readable by the Client, attempt to discover any source code or use any software enabling or comprising all or part of the Website;
- attempting to obtain unauthorized access to the Website's computer system or to engage in any activity that disrupts, diminishes the quality of or interferes with its performance or deteriorates its functionality;
- infringing the intellectual property rights of BlueGPT;
- denigrating the Website and/or the AI Services and/or the Services as well as BlueGPT on social networks and any other means of communication.
The Client warrants that:
- the publication of the Content created on the Website and/or via the AI Services does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person whatsoever;
- they are responsible for all their activities in connection with the AI Services.
The Client acknowledges and expressly accepts that AI-generated Content may contain errors, inaccuracies, or misleading information, and that BlueGPT provides no guarantee as to the accuracy, reliability, or suitability of such Content for any particular purpose. The Client expressly agrees to independently verify, validate, and review all AI-generated Content before any use, publication, distribution, or reliance thereon. The Client assumes sole and complete responsibility for any consequences arising from the use of AI-generated Content without proper verification.
In case of non-compliance with the obligations arising from the acceptance of the present, incidents of payment of the price of an Order, delivery of erroneous information at the creation of the Account, fraudulent, abusive or otherwise illegal activity or acts likely to harm the interests of InspireLabs, InspireLabs reserves the right to suspend without notice access to the Website and / or the Account or, depending on the seriousness of the Clients' infringement, to delete the Account of the Client without that damages can be claimed and take all measures including any legal action civil and criminal against them.
- 8. ACCESS TO THE WEBSITE
To use the Services, it is necessary that Clients:
- have a computer, a smartphone and/or a tablet, connected to an internet network;
- access the Website;
- have an internet connection; and/or
- create an Account in accordance with the terms and conditions set out below.
Clients warrant that they have full legal capacity to register and use the Services and in particular:
- to be of legal age;
- not to be a competitor of BlueGPT and/or not to register and use the services in order to compete with BlueGPT in a fraudulent way and/or in a way to harm the interests of BlueGPT;
- to be holder of the means of payment used to proceed to the purchases; and
- to have the full possession of their intellectual or cognitive means (and in particular not to be in a state of dependence, under guardianship and/or under curatorship...).
BlueGPT will not be held responsible in case of registration and use of the Services by persons not answering the conditions envisaged in this article.
- 9. ACCOUNT CREATION
- 9.1. Creation of an Account
To benefit from the Services, the Client will be invited to create a personal Account on the Website.
This creation will require the provision by the Client of an e-mail address and a password.
In order to validate the registration, BlueGPT will generally send the Client a confirmation e-mail to the e-mail address provided by the Client, subject to technical limitations and email delivery constraints.
The Client will proceed to the activation of their Account by clicking on the hypertext link provided in this confirmation e-mail.
The Client's data communicated to BlueGPT are accessible to the Client at any time from their Account settings.
Only the Client has access to their Account.
9.2. Communicated information
BlueGPT reserves the right to verify the conformity of the information and documents transmitted to allow access to the Services.
Each Client guarantees that the data and documents communicated are sincere, exact and in conformity with reality and are not vitiated by any misleading character. The Client undertakes to provide a valid e-mail address and ensures that they are the sole owner of it.
The Client undertakes to provide true, accurate, up-to-date and complete information, in particular relating to their identity, in accordance with Article 6-II of Law No. 2004-575 of June 21, 2004 "sur la confiance dans l'économie numérique" (law known as "LCEN"). Consequently, they undertake not to create a false identity of a nature to mislead BlueGPT or third parties and not to take upon the identity of another legal or physical person.
The Client also undertakes not to transmit information that could infringe third parties' rights (in particular use of the patronymic name, pseudonym, a trademark registered by a third party, or works protected by the right of intellectual property) and /or good morals.
It is the Client's responsibility to communicate any change in their personal information. To do this, the Client must go to their Account and modify their data.
BlueGPT does not have control over the accuracy or reliability of information provided by the Client and therefore cannot be held responsible for the consequences resulting from the provision of incomplete or erroneous information.
In the event that the Client provides false, inaccurate, erroneous, outdated, incomplete or misleading information, BlueGPT reserves the right to refuse access to the Website and/or Services to Clients who do not comply with the conditions set out above. In addition, BlueGPT's responsibility can in no case be sought in case of non-performance and/or partial performance of the services related to the provision of information of this nature.
9.3. Account security
The Account is protected by identification elements, an identifier (electronic address) and a password.
If a Client has lost or forgotten their password, they have a function on the Website that allows them to reset it by clicking on the "Forgot Password" tab.
The Client's password is personal and confidential. The Client undertakes to ensure the confidentiality of their password. In this respect, the Client undertakes to keep it secret and not to disclose it in any form whatsoever. The Client is solely responsible for all connections made using their login and password.
BlueGPT encourages Clients to use "strong" passwords, mixing numbers, letters and symbols as well as upper and lower case letters.
If any of the elements of the Login Details are lost or stolen, the Client must inform BlueGPT without delay, which will then proceed to the cancellation and/or the update of the concerned Login Details.
The Client must ensure, at the end of each session, that they have effectively disconnected from the Website, in particular when accessing the Website from a public computer.
In case of suspicion of fraudulent use of their Account by the Client, the latter must notify BlueGPT as soon as possible at the following address: [email protected] so that it can take all measures to remedy the situation.
BlueGPT will not be held responsible for any usurpation and/or fraudulent use of an Account in case of unauthorized, fraudulent or abusive use or due to a voluntary or involuntary disclosure by the Client to a third party who would have accessed the Website with their identification elements. The Client remains solely responsible for the use that could be made of their Account by a third party who would have accessed the Services with their identification elements.
It is specified that in case of violation of these terms by the Client, BlueGPT may freely refuse the opening of an Account to the Client concerned.
- 10. ACCESS AND AVAILABILITY OF THE WEBSITE
The Website is designed to be accessible seven (7) days a week and twenty-four (24) hours a day. However, because of the access to the Website via Internet, BlueGPT does not guarantee continuous operation or access to the Website.
BlueGPT reserves the right to interrupt the operation of the Website at any time, with or without notice, in particular in order to ensure the corrective and evolutionary maintenance of the Website, or to change the content or presentation and/or for any other legitimate reason. As much as possible, BlueGPT will inform the Clients before a corrective or evolutionary maintenance operation.
In addition, Clients acknowledge that the Website may be interrupted for reasons beyond the control of BlueGPT and that BlueGPT cannot therefore guarantee continuous access to the Website.
In any event, BlueGPT shall not be liable for any interruption and/or malfunction of the Website, regardless of the cause.
Clients are invited to inform BlueGPT of any technical problem they encounter during their navigation and/or use of the Website by writing to the following address and describing the problem encountered: [email protected]
Finally, BlueGPT reserves the right to change the Website and/or the Services, particularly for technical or commercial reasons. When these modifications do not alter the conditions of the Services, in a substantial and/or negative way, the Clients can be informed of the intervening modifications, but their acceptance is not requested.
- 11. DEACTIVATION OF THE ACCOUNT
- 11.1. Deactivation of the Account
The Account remains active as long as the Client does not deactivate their Account and comply with these General Terms.
However, any Account of a Client totally inactive in a continuous way during two (2) consecutive years will be, subject to the application of legal or statutory provisions, archived by BlueGPT and will not be available any more on the Website.
The Client retains the possibility to deactivate, without reason, at any time their Account and/or to delete it.
To do so, the Client must send an electronic mail to the following address: [email protected] requesting the deactivation of their Account. A copy of their identity card may be requested in order to avoid any risk of identity theft.
The deletion of an Account is generally permanent, the Account being deleted in an irreversible way, the personal data linked to it are deleted and cannot ordinarily be recovered under normal circumstances, subject to technical limitations, backup retention policies, and legal obligations. However, it is expressly agreed that certain personal data related to the Account will be preserved for legal reasons (and in particular accounting) and this, in accordance with the Policy of confidentiality of BlueGPT accessible on the Website.
The deletion of an Account does not prevent Clients from re-registering and creating a new Account.
11.2. Suspension of the Account in case of default
In case of non-compliance with the obligations arising from the acceptance of these General Conditions, incidents of payment of the price of an Order, delivery of erroneous information at the creation of the Account or acts likely to harm the interests of InspireLabs, the latter reserves the right to suspend without notice the access to the Website or, depending on the seriousness of the acts, to delete the Account of the Client without that damages and interests can be claimed.
BlueGPT will use commercially reasonable efforts to inform the Client by electronic mail of the suspension and/or deletion of their Account, subject to technical limitations and email delivery constraints.
In case of fraud, the fraudulent Account will be subject to immediate suspension or termination at BlueGPT's sole discretion. BlueGPT will submit any information regarding the fraudulent Account, if necessary, to local authorities and/or financial institutions.
It is expressly agreed that in the event of suspension or termination of the Account, the Client will no longer be able to access the Services, unless a new Account is created.
When BlueGPT revokes the suspension or termination of the Account, it will use commercially reasonable efforts to reinstate the Client within a reasonable timeframe, including attempting to restore access to the data that resulted from the use of the Account before the suspension or termination took effect, subject to technical limitations, data retention policies, and operational constraints. BlueGPT disclaims all liability for any delays or inability to fully restore Account access or data.
- 12. INTELLECTUAL PROPERTY
12.1. The Content generated by the AI Services belongs to the Client, subject to the terms and conditions of the underlying AI model providers. The Client retains all intellectual property rights over the Content created using the AI Services to the extent permitted by the third-party AI model providers whose services are integrated into the BlueGPT platform.
BlueGPT does not impose any restrictions on the ownership or use of Content generated through the AI Services. However, the Client acknowledges and accepts that certain limitations or conditions may be imposed by the third-party AI model providers (such as OpenAI, Anthropic, or other AI service providers) whose models are used to generate the Content. These third-party terms and conditions are independent of BlueGPT and BlueGPT cannot be held responsible for any restrictions, limitations, or obligations imposed by these third-party providers.
By using the AI Services, the Client grants InspireLabs a limited, non-exclusive right to process and temporarily store the Content solely for the purpose of providing the AI Services.
The Client is responsible for ensuring compliance with the terms of service of the underlying AI model providers and for verifying any restrictions on the use, distribution, or commercialization of the generated Content.
Important: The extent of intellectual property rights over AI-generated Content depends entirely on the terms and policies of the underlying third-party AI providers (OpenAI, Anthropic, etc.). BlueGPT makes no warranty regarding the ownership, transferability, or commercial use rights of such Content. Clients must independently verify their rights with the applicable third-party provider before any commercial exploitation.
12.2. The Website and elements (in particular images, design, text, technology and/or algorithms) displayed on the Website and/or the Services are protected by intellectual property laws and, in particular, by copyright and are the exclusive property of BlueGPT.
Identically, the trademarks, logos, and animations contained on the Website and/or Services are the exclusive intellectual property of BlueGPT.
No provision of these Terms and Conditions can lead to any transfer of intellectual property rights of BlueGPT to the benefit of the Client, regarding the intellectual property elements that can be implemented on the Website.
The Clients commit not to directly or indirectly infringe the intellectual property rights of BlueGPT on the Website and/or Services.
In addition, the Clients will not reproduce or use the studies, videos, brands, logos or in a general way of any content of the Website without express, written and preliminary acceptance of BlueGPT.
12.3. Clients undertake, when using the Website, not to violate the property rights and/or personal rights of third parties (including intellectual property rights).
12.4. BlueGPT grants Clients the non-exclusive, non-transferable, royalty-free right to use the Website and/or Services and any associated software, provided that Clients may not - directly or indirectly - copy, modify, create a derivative work of, reverse engineer or assemble or otherwise attempt to obtain the source code (except as provided by law), sell, assign, sublicense or transfer in any way any rights in the Website or Services or associated software.
Clients agree not to modify in any way the Website and/or the Services or related software and/or to use modified versions thereof and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the Website and/or the Services. In particular, Clients agree not to access the Services by any means other than the Website.
Clients are informed and acknowledge that the Website and/or Services and any software used in connection therewith may contain confidential information or information protected by applicable intellectual property law or any other law. Clients agree not to modify, rent, lease, loan, sell, distribute, or create derivative works incorporating any of this content, in whole or in part, unless they have received prior express permission from BlueGPT.
The Website and/or the Services contain texts, images, and other materials that are the exclusive property of BlueGPT (the "Intellectual Property Elements"). The Elements of Intellectual Property are offered to the Clients for the personal use limited to the Website and/or the Services and within the framework of a normal use of their functionalities.
This right of usage of the Elements of Intellectual Property is made on a personal, non-exclusive and non-transferable basis. BlueGPT may revoke this right of usage of the Intellectual Property Elements at any time.
Clients undertake not to - directly or indirectly - copy, modify, create a derivative work, reverse engineering or otherwise attempt to locate the source code (except as provided by law), selling, assigning, sublicensing or otherwise transferring any rights in the Intellectual Property Elements. The Clients undertake not to modify the Intellectual Property Elements in any way.
In the event of non-conforming or abusive use of the Elements of Intellectual Property, BlueGPT reserves any right to stop the infringement of its intellectual property rights and to de-register and/or deactivate the Accounts of the Clients under the conditions of Article 11 above.
- 13. PERSONAL DATA
In accordance with the amended law n°78-17 of 6 January 1978 relating to information technology, files, and freedoms, known as the "Loi informatique et Libertés", and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR"), Clients are informed that BlueGPT carries out automated processing of their personal data for the purpose of using the Services, processing and managing commercial relations and Orders.
This data can be transmitted to subsidiaries and/or companies controlled by BlueGPT and to subcontractors who contribute to these relations for their management, execution, treatment and payment.
Each Client has the right to access, modify, rectify, limit, port and delete data concerning them, as well as the right to object to the treatment of their personal data.
To this end, they should contact the support department by electronic mail at the following address: [email protected]
Clients understand that, as regards rectifications and updates of data relating to their Account, they make the necessary changes and deletions directly on their own Account.
For more information, BlueGPT Clients can refer to the Privacy Policy accessible on the Website under the "Privacy Policy" section.
The said policy is an integral part of the General Conditions. Acceptance of the General Conditions implies acceptance of the related Privacy Policy.
It is specified that the privacy policy complies with the GDPR in force as of the date hereof. BlueGPT is committed to maintaining this compliance and adapting its practices in accordance with regulatory developments, subject to reasonable timeframes necessary for implementing such adaptations. BlueGPT disclaims all liability for any temporary non-compliance resulting from regulatory changes pending implementation.
- 14. LINKS AND THIRD PARTY WEBSITE
When using the Website, the Clients can access various links directing them towards third-party and partner websites.
BlueGPT can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Client would have access through the Website.
BlueGPT does not assume any responsibility for the contents, advertisements, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
BlueGPT is not responsible for transactions between the Client and any advertiser, professional or merchant to which the Client would be directed through the Website and shall in no case be party to any possible disputes with these third parties, including the delivery of products and / or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
- 15. FORCE MAJEURE
BlueGPT shall not be held responsible or considered to have failed to comply with the General Terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts.
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
In case of occurrence of one of the above-mentioned events, BlueGPT will use commercially reasonable efforts to inform the Client as soon as reasonably possible, subject to the nature of the force majeure event and operational constraints.
- 16. MISCELLANEOUS
- 16.1. Modification
BlueGPT reserves the right to modify, at any time, the present General Conditions, in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution.
The version of the General Conditions which prevails is that which is accessible online at the day of the validation of the Order.
Any Order placed by the Client after the publication of the modified General Conditions shall be deemed to constitute acceptance by the Client of the new General Conditions.
16.2. Partial invalidity
In general, if one or more of the clauses or stipulations herein are held to be invalid or declared null and void or unenforceable by law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.
16.3. Evidence
The files, data and messages recorded in the computer systems of BlueGPT will be accepted as proof of the acts and facts occurring between BlueGPT and the Clients.
The conservation of the registers will be presumed, except contrary proof, to have taken place in reasonable conditions of safety if the messages, data and other documents are systematically recorded on a reliable and durable support.
- 17. RIGHT OF WITHDRAWAL AND REFUND POLICY
Legal right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, consumers have a legal right of withdrawal of 14 days for online purchases. However, this right of withdrawal does not apply to contracts for the provision of digital services that have been fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal.
By subscribing to BlueGPT, the Client:
- Requests and expressly agrees to the immediate execution and access to the digital services;
- Expressly acknowledges that the subscription will be fully performed before the end of the 14-day legal withdrawal period;
- Expressly waives their legal right of withdrawal pursuant to Article L221-28 of the French Consumer Code.
Once the subscription is activated and accessed, no refund can be claimed under the legal right of withdrawal.
Commercial guarantee (Optional)
As a purely commercial gesture and without any legal obligation, BlueGPT offers a "Satisfied or refunded" guarantee of 14 days following the first payment only. This commercial guarantee allows Clients to request a refund during the first 14 days of their initial subscription if they are not satisfied with the service quality or functionality.
After this 14-day period, no refund will be granted for subscription periods that have already begun. This commercial guarantee only applies to the first subscription and does not apply to renewals or subsequent subscriptions.
Automatic renewal and termination
The subscription is automatically renewed for each monthly or annual period depending on the chosen plan. The Client can cancel their subscription at any time from their Account. The cancellation will take effect at the end of the current billing period.
Any billing period that has already begun is due in full and is non-refundable , except within the framework of the 14-day commercial guarantee mentioned above for first-time subscribers only.
Refund processing
Refund requests under the 14-day commercial guarantee must be submitted by email to [email protected]. BlueGPT will use commercially reasonable efforts to process approved refunds within 14 business days using the same payment method used for the original transaction, subject to payment provider processing times and technical limitations.
- 18. APPLICABLE LAW - JURISDICTION
The General Terms are subject to French law. In case of dispute, only the French courts will be competent.
For any difficulties and/or questions regarding the AI Services and/or the Order, Clients are invited to contact the client service department in order to try to find an amicable solution by email at the following address: [email protected]
In the event of a disagreement between the Client and BlueGPT, the Client must inform BlueGPT by means of a registered letter with acknowledgement of receipt. Upon receipt of said letter, and within a period of fifteen (15) days, BlueGPT will seek to propose an amicable solution to the dispute, subject to the complexity of the matter and operational constraints. If this attempt fails or if there is no response, the Client may bring their dispute before the competent courts.
The Client and BlueGPT therefore undertake to follow the amicable settlement procedure before bringing the matter before the courts, this attempt at mediation being a condition of admissibility for any legal action.
ANY DISPUTE RELATING TO THE VALIDITY, PERFORMANCE AND/OR INTERPRETATION OF THE GENERAL TERMS OR THOSE THAT WILL FOLLOW OR RESULT FROM IT SHALL BE SUBJECT TO THE JURISDICTION OF THE TOULOUSE JURISDICTION, EVEN IN THE EVENT OF APPEAL OR MULTIPLE DEFENDANTS.
