General Terms of Use and Sale
Last updated: 10 October 2026
This English translation is provided for information purposes only. In the event of any discrepancy or inconsistency between this translation and the French version, the French version shall prevail.
Contents
GENERAL TERMS OF USE
Phasen SaaS Platform — Applicable to professional users, whatever their role or plan
Publisher of the Service: PHASEN, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 100 euros, registered with the Paris Trade and Companies Register (Registre du commerce et des sociétés) under number 106 966 005, whose registered office is located at 47 rue Vivienne, 75002 Paris, SIRET 106 966 005 00014, intra-Community VAT number FR08 106 966 005, represented by its President, Mr Clément Diffiné.
Website: phasen.co — Platform: platform.phasen.co — Legal, support and data protection contact: contact@phasen.co.
These Terms of Use are entered into between PHASEN and any professional User of the Service.
Article 1 — Definitions
| Term | Definition |
|---|---|
| Administrator | A User authorised by the Organisation to subscribe to and administer the Phasen Account, and to manage the plan, users, permissions, payment methods and invoices. The Administrator binds the Organisation within the limits of their authority. |
| 3D Asset | Any file, mesh, topology, texture, digital material, model, technical render, metadata or digital asset created, converted, optimised or reworked by means of the Service. |
| Partner Catalogue | The set of product references that PHASEN may make available based on data provided, licensed or authorised by manufacturers, distributors, partners or other rights holders. |
| Client | The Organisation that has subscribed to a paid plan or purchased an AI Credit pack. |
| Phasen Account | The digital environment created for a User or an Organisation, comprising in particular projects, products, media, proposals, settings, rights and content. |
| User Content | Any data, information, file, text, image, media, instruction, prompt, selection, annotation, comment, project, product or content entered, imported, transmitted, created, organised or generated by means of the Service. |
| AI Credit | A technical unit of usage used to measure the consumption of certain artificial intelligence or 3D generation features. An AI Credit is neither a currency, nor a security, nor a credit note. |
| Client Data | All User Content and data placed under the control of the User or the Organisation in the Phasen Account. |
| Product Data | References, characteristics, prices, images, descriptions, attributes, categories, tags, rankings, supplier information, discounts and enrichments relating to products. |
| Client Area | The interface for viewing a proposal that is accessible to the end client, in particular via a link, without creating a Phasen Account, enabling the end client, depending on the features activated, to view, comment on, compare, propose, accept or reject products and approve a selection. |
| Price List | The versioned and dated document published on PHASEN’s Pricing page or presented in the Service, setting out the applicable plans, prices, quotas, AI Credits, packs and scales. |
| Guest | A third party to whom a User on an eligible plan may grant limited access to a project, without becoming a member of the Organisation. This feature may be offered depending on the plan and the stage of development. |
| Organisation | The professional natural or legal person that is party to the contract, responsible for the Users it authorises and liable for the amounts invoiced. |
| PHASEN | PHASEN, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 100 euros, registered with the Paris Trade and Companies Register (Registre du commerce et des sociétés) under number 106 966 005, whose registered office is located at 47 rue Vivienne, 75002 Paris, SIRET 106 966 005 00014, intra-Community VAT number FR08 106 966 005, represented by its President, Mr Clément Diffiné. |
| Platform or Service | The Phasen SaaS service, its interfaces, modules, components, processing operations, official extensions, any APIs, authorised connectors, AI services and associated services. |
| User | Any professional natural person authorised to access the Service, on their own behalf or on behalf of an Organisation. |
Article 2 — Purpose, scope and acceptance
The Terms of Use set out the conditions of access to, use, security and protection of the Platform. They apply from the creation of a Phasen Account, the acceptance of an authorised access, access to a demonstration or the first use of the Service, whatever the plan: Free, Pro or Studio.
The creation, activation or use of a Phasen Account constitutes full and unreserved acceptance of the Terms of Use in their version in force. A User acting on behalf of a legal entity represents that they have the authority necessary to bind it.
The Service is reserved for professionals. PHASEN may request any proof of professional status and refuse, suspend or close an account manifestly created for personal, unlawful or competitive purposes or for purposes unrelated to the purpose of the Service.
Where acceptance takes place online, it is evidenced by a dedicated positive action, in particular an unticked checkbox, combined with a link enabling the applicable version to be viewed and retained. PHASEN may retain any information useful as evidence of acceptance.
Article 3 — Description and purpose of the Service
Phasen is a B2B SaaS software application intended in particular for professionals in interior architecture, interior design, fit-out, home staging, hospitality and events. Depending on the plan, the rights and the stage of development, the Service may include:
the management of projects, rooms, briefs, media, catalogues, moodboards, proposals, approvals, budgets, cost estimates, documents, shopping lists and follow-ups;
the import, automated retrieval and enrichment of product sheets, in particular by means of the official Web Clipper;
the creation, conversion or optimisation of 3D Assets and the generation of visuals or renders assisted by artificial intelligence;
a Client Area enabling interactions around a proposal;
team, sharing, role and shared library features where the plan so provides;
authorised connectors or integrations with third-party assistants;
exports in the formats offered by the Service, in particular PDF, spreadsheet, images and supported 3D formats.
The features subject to AI Credits, their cost in AI Credits and the features included without consumption are indicated in the Price List in force and, where an action is triggered individually, displayed before it is launched. AI and 3D features remain subject to technical capabilities, to the User’s rights and to the limits of the plan.
PHASEN does not provide any legal, accounting, tax, architectural, technical or regulatory advice. The Service is not certified invoicing or accounting software. Any price, availability, dimension, render, projection or output must be checked by the User before professional use or ordering.
The presence of a third-party brand or reference does not, in itself, imply the existence of a partnership. Where a commercial, affiliate or listing relationship exists, it may be indicated in the Service. Features announced as future, beta or experimental do not constitute a commitment to deliver before they are actually activated.
Article 4 — Registration requirements and accuracy of information
The User must provide accurate, complete and up-to-date information, in particular their identity, their organisation, their e-mail address and their billing information. They undertake to update such information without delay.
PHASEN may request verification of identity, of the e-mail domain or of professional status. It is prohibited to create an account under a false identity, on behalf of a third party without authorisation or in order to circumvent the limits of a plan.
Article 5 — Accounts, Organisation, users and access
Each Account and each access is personal to a named individual. Sharing login credentials, generic accounts, unauthorised pooling of access, reselling access or making access available to a competitor or a nominee are prohibited.
The Administrator of an Organisation manages the users, the permissions, the plan, payments, invoices and the available settings. The Organisation is liable for acts performed by the Users it authorises, without prejudice to a compromise reported without delay.
Depending on the plan subscribed to, PHASEN may offer sharing features enabling third parties to be invited to access a project. The rights of such Guests are defined by the User who invites them, who remains responsible for their use. This feature must not be confused with the Client Area accessible to the end client.
Article 6 — Login credentials and security of the Phasen Account
The User is responsible for the confidentiality of their login credentials, their e-mail address, their devices and the persons to whom they grant access. In particular, they must use strong passwords, protect their e-mail account, keep their devices up to date, revoke access that is no longer needed and report immediately any suspicious login or loss of control.
Any operation carried out from an account is presumed to have been performed by its holder until a compromise has been notified. PHASEN may require a reset, suspend access or request verification in the event of risk.
Article 7 — Licence to access the Service
Subject to compliance with these terms, PHASEN grants the User a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicensable and revocable right of access, for the duration of their right of access and solely for their professional needs.
This licence does not entail any transfer of ownership of the software, its code, its interfaces, its technical databases, its documentation, its methods, its assets or its distinctive signs.
Article 8 — Ownership of Client Data
Client Data remains the exclusive property of the User or of its respective owners. PHASEN does not acquire any ownership rights by reason of hosting, importing, processing, converting, generating or storing such data.
PHASEN does not sell, rent, resell, publish, market or make private Client Data available to other users, subject to content voluntarily shared by the User.
The User grants PHASEN only the technical right of use strictly necessary for hosting, technical reproduction, conversion, backup, display, transmission, support, security, maintenance and the performance of the requested processing operations.
Article 9 — Product data, sources, imports and ownership of rights
Product Data may derive from three distinct regimes: (i) imports or retrievals triggered by the User; (ii) feeds, APIs or catalogues provided or licensed to PHASEN by partners or rights holders; (iii) enrichments, normalisations or additions produced by PHASEN or by means of artificial intelligence features.
For imports triggered by the User, the User chooses the sources and must verify that the operation is compatible with the applicable rights, the terms of use of the source, the rights of the database maker, copyright, designs and models, trade marks, image rights, trade secrets and rules relating to personal data.
For feeds, APIs and Partner Catalogues, PHASEN acts within the limits of the rights, licences or authorisations it holds. Making them available does not transfer to the User the underlying intellectual property in the products, trade marks, photographs or protected data.
Prices, dimensions, stock levels, lead times, colours, variants, characteristics and descriptions may contain errors, be incomplete or become out of date. They must be checked with the merchant or supplier before any order or commitment.
In particular, it is prohibited to:
circumvent an authentication mechanism, a CAPTCHA, a paywall, an access restriction or a technical measure (this is prohibited);
extract or re-use without right a substantial part of a third-party database, or carry out repeated and systematic extractions manifestly exceeding normal use (this is prohibited);
use an account, login credentials or access obtained without authorisation (this is prohibited);
collect personal data that is not necessary without a legal basis and appropriate safeguards (this is prohibited).
Article 10 — Private Catalogue and Partner Catalogue
The private catalogue built up in the Phasen Account of a User or an Organisation, its organisation and its own enrichments remain logically segregated. They are neither pooled with other accounts nor made public by PHASEN without instructions from the User.
PHASEN may make available a Partner Catalogue or a shared catalogue made up of references provided, licensed or authorised by manufacturers, distributors, partners or other rights holders. These references may be accessible to several users. The fact that a reference appears in a Partner Catalogue does not entail any guarantee as to availability, price, stock or permanence.
Article 11 — Technical cache, statistics and no general-purpose training
In order to ensure the speed, stability, security and performance of the Service, PHASEN may retain technical copies, hashes, caches, metadata or intermediate results relating to the imports and processing operations requested. These elements do not enable other accounts to access the User’s private catalogue.
PHASEN may produce and use strictly anonymised and aggregated statistics relating to the use of the Service in order to measure performance, improve features, prevent abuse and manage its business.
Client Data and confidential content are not used to train a general-purpose or pooled artificial intelligence model without the prior, specific and documented consent of the User.
Article 12 — Third-party data and takedown requests
PHASEN may receive a request for removal, delisting or cessation of use from a rights holder or a third-party source. PHASEN may forward this request to the User, suspend access to the content concerned and request the supporting documents establishing the User’s right of use.
The User shall indemnify PHASEN against the consequences of a claim based on content that the User has imported, provided or used without right, provided that PHASEN informs the User of the claim and allows the User to submit their observations.
Article 13 — 3D transformation and licence on 3D Assets
Importing or retrieving a product sheet constitutes neither authorisation from the rights holder nor an assignment to PHASEN or to the User of the rights attached to the product, its design, its photographs, its trade mark, its texts or any other pre-existing element.
By requesting the creation or transformation of a product into 3D, the User authorises PHASEN to reproduce and technically process only those elements necessary to carry out that request and warrants that they hold the necessary rights, licences or authorisations.
Subject to pre-existing rights attached to the product depicted and to the extent that the technical elements generated are legally protectable, PHASEN grants the Organisation a non-exclusive, worldwide and perpetual professional licence to use, reproduce, integrate, adapt and re-use the 3D Asset in all of its projects, proposals, templates, internal catalogues and deliverables, including for several clients.
Where the Service allows export, the available formats may in particular include .obj, .glb, .stl, .blend, .dae and .fbx. The availability of a format depends on the technical capabilities of the Service.
Without separate written authorisation from PHASEN, it is in particular prohibited to:
resell, assign or sublicense the 3D Asset as a stand-alone asset (this is prohibited);
publish the 3D Asset on a library, a marketplace or a download service (this is prohibited), unless authorised in writing;
use the 3D Asset to build, train or feed a competing library or service (the 3D Asset may not be used for this purpose).
Article 14 — Artificial intelligence, service providers and operation
Certain artificial intelligence assistance features rely on specialised service providers acting within the scope necessary for the provision of the Service. The categories of service providers, their purposes and the applicable safeguards are described in the data protection documentation and, for the clients concerned, in the DPA.
The User acknowledges that processing may require the transmission of source images, prompts, parameters, metadata and outputs to the relevant service providers.
Article 15 — Rights and licence on AI images
Subject to the pre-existing rights of third parties and the terms of the models used, PHASEN grants the User a non-exclusive, worldwide and perpetual licence to download and use the images generated or enhanced by the Service in their projects, moodboards, presentations, proposals and professional communications relating to their business.
This licence does not authorise the resale of the image as a stand-alone asset, its submission to an image bank or its use to train or feed a competing service. Source images remain the property of their owners.
Article 16 — Limitations of AI outputs and human oversight
Outputs produced by artificial intelligence are probabilistic. They may be inaccurate, incomplete, inconsistent, similar to other outputs or unintentionally infringe the rights of third parties. PHASEN guarantees neither the absolute originality, nor the exclusivity, nor the regulatory, technical, dimensional, colorimetric or commercial conformity of the outputs.
Images, immersive views, renders and simulations are indicative and have no contractual value vis-à-vis the User’s clients. The User must carry out a human review before any dissemination or decision. Where the regulations so require, in particular for certain content generated or manipulated by artificial intelligence, the User must comply with the applicable transparency obligations.
Article 17 — Prohibited uses of artificial intelligence
In particular, it is prohibited to use the artificial intelligence features to generate, transform or disseminate:
unlawful, hateful, discriminatory, defamatory or fraudulent content;
content infringing privacy, image rights or intellectual property rights;
content intended to mislead a client as to the reality of a product or a project;
content intended to impersonate someone, falsify evidence or create confusion;
sensitive data or confidential documents that are not necessary for the processing.
PHASEN may block a request, remove an output or suspend an account in the event of risk or breach.
Article 18 — Third-party connectors and assistants
PHASEN may offer or authorise APIs, connectors, extensions, assistants or integrations with third-party services, in particular conversational assistants. The features available depend on the plan, the technical capabilities and the authorisations granted by the User.
Where a connector is used from a third-party service, the User grants the authorisations necessary for the chosen scope. It must be possible to revoke these authorisations using the available mechanisms. Third-party services remain governed by their own terms of use and privacy policies.
Connectors to assistants such as ChatGPT, Claude or Gemini, where offered, make it possible in particular to prepare a first draft of a project, apply templates or generate a first version of a presentation. The User must check, complete and approve any action or content before final use. PHASEN does not integrate these assistants as an internal conversational model: the interaction takes place from the connected third-party service.
Article 19 — Client Area and actions of the end client
The Client Area may be available without creating a Phasen Account and in several languages. Depending on the features activated, the end client may view a proposal, comment, compare alternatives, propose their own products, accept or reject a product and approve a selection.
These actions may be recorded by PHASEN to enable the professional to follow exchanges and approvals. They constitute an order, a payment or a contractual commitment on the part of the end client only if the professional has expressly provided for this in their own contractual relationship and has put in place the necessary information and legal mechanisms.
The User remains responsible for the content presented to their end client and for their own contractual terms.
Article 20 — Visibility settings, prices, suppliers and margins
The Service may make it possible to hide certain prices, suppliers, product links, purchase costs, margins or other internal information from the end client. These visibility settings are a technical aid; it is the User’s responsibility to check the version actually shared before it is transmitted.
PHASEN is not liable for any disclosure resulting from a configuration, a voluntary share, a transmission to the wrong person or a copy made before access was revoked.
Article 21 — Partner brands, affiliation and purchases from third parties
PHASEN may enter into commercial, affiliate or listing relationships with manufacturers, distributors, merchants, networks or partner platforms. Where a purchase is made via a partner link or journey, PHASEN may receive a commission or affiliate remuneration.
PHASEN does not sell the listed products, does not become a party to the contract of sale and does not place the order on behalf of the User or their client, unless a separate service is expressly identified. The sale is concluded directly between the buyer and the merchant concerned.
Prices, stock, lead times, promotions, deliveries, returns, warranties and terms of sale are the responsibility of the merchant. PHASEN does not guarantee that the offer displayed is the cheapest available or that a product will remain available at the time of ordering.
Article 22 — Web Clipper, authorised automation and reasonable use
The Phasen Web Clipper is an authorised official extension. It only accesses the pages and data necessary for the action requested by the User, subject to the browser permissions and the applicable technical limits.
Imports and features presented as unlimited remain subject to reasonable use. PHASEN may temporarily limit abnormal volumes, excessive automated requests, bots or behaviour likely to degrade the Service, circumvent pricing or create a legal or technical risk.
Article 23 — PHASEN’s intellectual property and protection of distinctive signs
PHASEN and its licensors retain all rights in the software, the source and object code, the architecture, the interfaces, the original graphic elements, the user journeys, workflows, generic templates, taxonomies, texts, documentation, technical databases, methods, domain names, distinctive signs and proprietary assets.
The User may not use PHASEN, its logo, its domain names, slogans or similar signs in a manner likely to create confusion or to suggest a non-existent affiliation, partnership, certification or authorisation.
Article 24 — Prohibition of copying, cloning, extraction and competitive benchmarking
It is prohibited to access the Service primarily in order to analyse its features, interfaces, performance, user journeys, methods, structures, business models or technical choices in order to design, finance, advise on or improve a competing or substitute service.
Without written authorisation, it is prohibited to extract, harvest, scrape, crawl, mine, index, collect or re-use all or part of the Platform, its databases, structures, taxonomies or documentation, subject to the exports expressly provided for the User’s own data.
Article 25 — Reverse engineering, automation and circumvention
Subject to the mandatory exceptions provided for by law, it is prohibited to decompile, disassemble, analyse or attempt to discover the source code, algorithms or technical secrets; to circumvent the interfaces, APIs, access controls, quotas, watermarks or AI Credit systems; to test for vulnerabilities without authorisation; to introduce malicious code or to disrupt the Service.
The prohibition on bots, scripts, extensions, agents or automated tools does not apply to APIs, connectors, extensions, assistants or integrations expressly authorised or offered by PHASEN and used in accordance with their documentation.
Article 26 — Confidentiality and trade secrets
Each party shall protect the non-public information of the other party, in particular discounts, commercial terms, margins, strategies, supplier lists, client data, projects, templates, technical documents and access credentials. The confidentiality obligations survive for five years after the end of the contract and, for trade secrets, without limitation in time for as long as they retain that status.
Article 27 — Sharing links
The User may generate a link in order to allow a recipient to access a specific proposal or specific content. Anyone in possession of an active link may potentially access the shared content. The User is responsible for the recipients, the transmission channel and the information included.
PHASEN may enable the link to be revoked and uses non-predictable identifiers, subject to the limitations inherent in any connected system.
Article 28 — Feedback, community space and review rewards
Ideas, votes and comments voluntarily submitted may be analysed and used by PHASEN in order to improve the Service, provided that confidential Client Data or trade secrets are not exploited.
PHASEN may, from time to time, offer to award AI Credits in return for submitting a review or feedback on the user’s experience, once per account or in accordance with the conditions displayed. The reward does not depend on the rating or on whether the review is positive or negative. Where PHASEN publishes or re-uses a review for which a consideration was given, the existence of that consideration is disclosed in an appropriate manner.
Article 29 — Personal data and allocation of roles
PHASEN acts as data controller for the management of prospects, accounts, subscriptions, payments, invoices, support, security, fraud prevention, contractual evidence, management of affiliation and the consumption measurement necessary for the operation of the Service.
Where PHASEN processes the data contained in projects on behalf of the Organisation, the latter is the data controller and PHASEN the processor. The corresponding obligations are set out in the DPA annexed hereto or made available contractually.
Article 30 — Hosting, security, service providers and international transfers
The Service is mainly hosted in France by a professional hosting provider. PHASEN implements technical and organisational measures appropriate to the nature of the data and the risks, including access control measures, protection of communications, logging, backup, monitoring and continuity.
PHASEN may use specialised service providers for hosting, sending transactional e-mails, payment, authentication, artificial intelligence generation and enrichment, 3D generation, authorised connectors, product feeds, affiliation, monitoring and support. The categories and, where required, the named list of processors are set out in the DPA or in a dedicated register.
Where data is transferred outside the European Economic Area, PHASEN applies a mechanism recognised by Chapter V of the GDPR, in particular an adequacy decision or the European Commission’s standard contractual clauses, supplemented where necessary by additional safeguards.
Article 31 — Prohibited or high-risk data
Unless PHASEN has given its prior written consent and appropriate safeguards have been put in place, the User shall not enter into the Service:
health, biometric or genetic data;
data revealing political opinions, religious beliefs or sex life;
criminal offence data;
complete identity documents;
industrial secrets or classified information going beyond the purpose of the Service;
data relating to minors without necessity and appropriate safeguards.
Article 32 — Availability, maintenance and changes
PHASEN provides the Service under a best-efforts obligation (obligation de moyens). Interruptions may occur for maintenance, updates, security, incidents, saturation, failure of a service provider or force majeure. Scheduled maintenance likely to significantly affect the Service is announced wherever possible.
PHASEN may change the interfaces, modules and features, and correct, replace or withdraw a non-essential element. No guaranteed availability rate or service credit applies unless a separate written SLA has been agreed.
Article 33 — Beta and experimental features
Certain features may be presented as beta, experimental, in testing or in early access. They may be incomplete, unstable, modified or removed and are provided without any particular warranty.
Article 34 — General obligations of the User
The User undertakes to use Phasen fairly, reasonably and in compliance with the law, the rights of third parties and these terms. The User remains responsible for their projects, selections, prices, discounts, orders, supplier relationships, presentations, commitments and communications with their own clients.
The User must back up the exports and items whose retention is important and check all information before external use.
Article 35 — Suspension and termination for breach
PHASEN may immediately suspend all or part of an access in the event of a security risk, unlawful use, fraud, infringement of the rights of third parties, attempted extraction or cloning, access to the data of another account, non-payment, circumvention of limits or the need to protect the Platform, its service providers or its users.
Where the situation allows, PHASEN informs the User and grants them a reasonable period in which to remedy the breach. In the event of a material breach not remedied within the period indicated, the contract may be terminated, without prejudice to accrued rights and sums due.
Article 36 — Reversibility, change of provider, export and deletion
The User may use the export features made available to retrieve their data in the formats offered. It is the User’s responsibility to carry out the necessary exports before the Account is closed.
At the end of the contract, PHASEN may maintain reversibility access for a reasonable period depending on the plan, legal requirements and technical capabilities, and then delete or anonymise the data in accordance with the privacy policy, the DPA and the applicable legal obligations.
Article 37 — Free Accounts and changes to the free plan
The Free plan does not involve any recurring subscription price. PHASEN may change its features, limits and quotas, provided that, save where legally or technically impossible, it maintains a free means of access to the Service.
PHASEN may take measures to manage inactive Free accounts, after giving reasonable notice where possible, in particular to free up technical resources and prevent abuse.
Article 38 — Liability of the User and indemnity
The User is responsible for the lawfulness of the content, data, sources, instructions, files, imports, generation requests and uses they carry out. The User warrants that they hold the necessary rights and shall indemnify PHASEN against the direct consequences of a third-party claim resulting from a breach attributable to the User, within the limits permitted by law.
Article 39 — Liability of PHASEN
PHASEN is liable for direct and foreseeable damage attributable to it under the conditions of the applicable law. Save in the case of gross negligence, wilful misconduct, personal injury or liability that cannot be limited, PHASEN is not liable for indirect damage, loss of opportunity, commercial losses, loss of margin, loss of data not backed up by the User or the consequences of inaccurate third-party information.
Where the law permits a contractual limitation between professionals, PHASEN’s aggregate liability in respect of any twelve-month period is limited to the amount, exclusive of tax, actually paid by the Client to PHASEN during the twelve months preceding the event giving rise to the liability, unless a more favourable specific provision applies.
Article 40 — Force majeure
Neither party shall be liable for any failure resulting from an event of force majeure within the meaning of French law. The affected party shall inform the other within a reasonable time. Payment obligations that have already fallen due are not suspended.
Article 41 — Electronic evidence
Logs, timestamps, technical records, electronic approvals, invoices, usage statements and data stored under reasonable security conditions constitute admissible evidence, unless proven otherwise.
Article 42 — Amendments to the Terms of Use
PHASEN may amend the Terms of Use to take account of legal, regulatory, technical, functional or commercial developments. Material unfavourable amendments are brought to the attention of Users with reasonable prior notice, save in the event of legal urgency, security reasons or the prevention of abuse. Continued use after their entry into force constitutes acceptance under the legally applicable conditions.
Article 43 — Governing law and jurisdiction
The Terms of Use are governed by French law. The parties shall seek an amicable solution for thirty days.
WHERE PHASEN AND THE USER HAVE BOTH CONTRACTED IN THEIR CAPACITY AS TRADERS (COMMERÇANTS), THE PARIS COMMERCIAL COURT (TRIBUNAL DE COMMERCE DE PARIS) SHALL HAVE EXCLUSIVE JURISDICTION. IN ALL OTHER CASES, THE COMPETENT COURT SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE LEGAL RULES.
Article 44 — General provisions
If any provision is void or unenforceable, the remaining provisions shall remain in force. Failure to exercise a right shall not constitute a waiver of that right. PHASEN may assign the contract in the context of a restructuring, merger, transfer of business or similar transaction, subject to the applicable mandatory rights.
GENERAL TERMS OF SALE
Phasen subscriptions, AI Credits and packs — Professional clients
Provider and seller of the Service: PHASEN, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 100 euros, registered with the Paris Trade and Companies Register (Registre du commerce et des sociétés) under number 106 966 005, whose registered office is located at 47 rue Vivienne, 75002 Paris, SIRET 106 966 005 00014, intra-Community VAT number FR08 106 966 005, represented by its President, Mr Clément Diffiné.
Website: phasen.co — Platform: platform.phasen.co — Legal, support and data protection contact: contact@phasen.co.
Article 1 — Purpose and scope
The Terms of Sale govern the subscription, payment, renewal, modification and termination of Phasen plans as well as the possible purchase of AI Credit packs. They are intended exclusively for professional clients. Any order implies acceptance of the Terms of Sale and the Terms of Use.
Special terms or purchase orders shall prevail in the event of inconsistency. For variable commercial characteristics, the applicable Price List and the information displayed before validation shall be authoritative.
Article 2 — Plans and Price List
PHASEN offers commercial plans, in particular Free, Pro and Studio. The key characteristics of each plan, in particular price, billing frequency, number of users included, AI Credit quotas, project limits, team features, connectors and artificial intelligence capabilities, are set out in the versioned and dated Price List published on the Pricing page or presented in the Service before validation.
The Price List applicable at the time of subscription or renewal forms part of the contract. PHASEN may offer promotions or discounts subject to their own terms.
Article 3 — Free plan
The Free plan does not involve any recurring subscription price. Its limits, quotas and features are those of the Price List in force. PHASEN may change them in accordance with the Terms of Use, provided that, save where legally or technically impossible, it maintains a free means of access to the Service.
No payment card is required where the Price List so provides. Purchases of AI Credit packs that may be available from the Free plan remain optional.
Article 4 — Pro and Studio plans
The Pro and Studio plans are paid subscriptions giving access to the features and limits described in the applicable Price List. The number of users included and the price of any additional users are indicated before validation.
The availability of team features, shared library, connectors, advanced 3D or other features depends on the plan and on the stage of development of the Service.
Article 5 — Order and formation of the contract
Orders are placed online or by purchase order. Before validation, the Administrator or the Client checks the plan, the term, the price, the features, the AI Credit quotas, the users included and the billing information.
The contract is formed upon acceptance of the contractual documents and, for any paid order, upon registration of a valid payment method or signature of a purchase order. PHASEN may refuse an order in the event of fraud, non-payment, inconsistency, use contrary to the Terms of Use or an objectively justified legal risk.
Article 6 — Prices, taxes and changes
Prices are stated in euros exclusive of tax unless otherwise indicated. VAT and other taxes are added at the applicable rate.
PHASEN may change the price of a subscription with at least thirty days’ prior notice. An increase applies at the next renewal and does not alter a period already paid for. The Client may prevent the renewal before the renewal date.
PHASEN may change, for the future, the included quotas, the consumption scale or the price of AI Credit packs with reasonable prior notice where such a change substantially affects a paid plan in progress. The change does not affect operations already launched or pack purchases already made.
Article 7 — Monthly and annual subscription
The monthly subscription is entered into for one month and renewed tacitly for successive monthly periods, unless renewal is deactivated before the renewal date. The annual subscription is entered into for twelve months and renewed in accordance with the terms displayed at the time of subscription, unless terminated before the renewal date.
Any preferential annual rates are those of the Price List in force at the time of subscription or renewal.
Article 8 — Payment via Stripe
Payments, recurring direct debits and billing items are processed via Stripe or any other payment service provider indicated at the time of ordering. The Client authorises the debiting of the registered payment method for subscription instalments and expressly validated purchases.
PHASEN does not store the full payment card data processed by the payment service provider.
Article 9 — Invoices and disputes
Invoices are issued electronically and are accessible in the portal or sent to the address provided. Any reasoned dispute must be sent to contact@phasen.co within thirty days of issue, without suspending payment of the undisputed amounts.
Article 10 — Late payment
Any sum unpaid on the due date shall automatically, without prior reminder, give rise to the late payment penalties and compensation provided for in Article L. 441-10 of the French Commercial Code (Code de commerce), in particular the fixed compensation of forty euros for recovery costs. Additional compensation may be claimed on presentation of supporting documents where the costs exceed this amount.
Article 11 — Included AI Credits
AI Credits included in a plan are renewed according to the frequency indicated in the Price List. Unless otherwise indicated, included AI Credits not consumed by the end of their period are not carried over.
AI Credits have no independent monetary value. They are neither transferable, nor convertible into cash, nor refundable. The rules for sharing or pooling within an Organisation, where they exist, are those of the Price List and of the Service.
Article 12 — Consumption scale
The number of AI Credits consumed by each feature is displayed before it is triggered and appears in the Price List in force. An operation that has actually been launched may be debited even if its output is unusable for a reason not attributable to PHASEN; proven technical errors attributable to the Service may give rise to a re-credit after verification.
PHASEN may change the scale for the future under the conditions of Article 6 of these Terms of Sale.
Article 13 — AI Credit packs
PHASEN may offer the purchase of AI Credit packs. The applicable quantities, prices and conditions are indicated in the Price List and before the purchase is confirmed.
Unless a legal obligation provides otherwise or a special condition is displayed at the time of purchase, AI Credits acquired in a pack do not expire as long as the Account remains active. They are consumed in accordance with the Service’s technical allocation rules.
AI Credit packs constitute neither electronic money, nor a deposit, nor a financial instrument and are not refundable after consumption.
Article 14 — Exhaustion of AI Credits and no automatic overage
PHASEN does not apply any automatically invoiced overage beyond the available AI Credits. Where the usable balance is insufficient, the operation concerned is blocked or cannot be launched. The User may wait for the next renewal of their included quota or purchase an AI Credit pack where this option is available.
No action by a User may trigger additional invoicing without the explicit validation of the Client or of the authorised Administrator.
Article 15 — Change of plan and additional users
The Client may change plan or add users where the Service allows. The exact price, the additional rights, the effective date and any pro rata adjustment are displayed before validation.
A downgrade of plan or the removal of a user does not give rise to any refund for a period already paid for, unless a legal provision or a more favourable special condition applies.
Article 16 — Storage, limits and reasonable use
Where storage or usage limits are provided for, they are set out in the Price List or in the Service. Where a limit is reached, PHASEN may block new uploads or processing operations generating files and invite the Client to delete content or subscribe to an appropriate plan.
Features presented as unlimited remain subject to reasonable use intended to prevent bots, manifestly abnormal volumes, abuse, infringements of third-party rights or uses likely to degrade the Service.
Article 17 — Support
Support levels depend on the plan and are indicated in the Price List. Unless a separate written SLA has been agreed, any indication of response time is a target and not a contractual commitment. Support does not cover extensive training, business advice, correction of source data, third-party services or bespoke developments.
Article 18 — Organisation and users
Where the plan provides for several users, the Organisation appoints an Administrator who manages invitations, removals and permissions. Projects and data created within the Organisation remain under its control, subject to the rights of third parties and the reversibility rules.
Project Guest features, where offered, are governed by the Terms of Use and do not necessarily constitute a paid user licence.
Article 19 — Non-payment, suspension and settlement
In the event of non-payment, PHASEN may make further attempts to collect payment, request another payment method, or suspend the paid features or access to the Service after giving reasonable notice where possible. Suspension does not release the Client from paying the sums due.
Article 20 — Termination by the Client
The Client may deactivate the renewal of their subscription using the features provided or by contacting PHASEN. Termination takes effect at the end of the current period, unless a statutory right or special condition provides otherwise. Periods already paid for are not refunded pro rata unless expressly stipulated.
Article 21 — Termination by PHASEN
PHASEN may terminate the contract under the conditions provided for in the Terms of Use, in particular in the event of material breach, fraud, persistent non-payment, security risk or unlawful use. Where the situation allows, a period for remedy is granted before termination.
Article 22 — Effects of the end of the contract
At the end of the contract, access to paid features ceases on the effective date. The Client must export the data they wish to retain. Included AI Credits expire in accordance with the applicable rules. AI Credits acquired in a pack remain subject to the terms of the Service and do not give rise to an automatic refund solely by reason of termination, unless a legal obligation provides otherwise.
Article 23 — Professional clientele and right of withdrawal
The plans are intended for professionals acting for the purposes of their business. No right of withdrawal is granted under the French Consumer Code (Code de la consommation), unless the Client meets the specific legal conditions allowing them to benefit from it.
Article 24 — Commercial liability
PHASEN’s liability under the Terms of Sale is governed by the limitations and exclusions provided for in the Terms of Use, subject to the applicable mandatory rules.
Article 25 — Amendments to the Terms of Sale and plans
PHASEN may amend the Terms of Sale to take account of legal, regulatory, technical, functional or commercial developments. Material unfavourable amendments applicable to a paid subscription in progress are notified with reasonable prior notice, save in the event of legal or security urgency.
Article 26 — Force majeure
The force majeure clause of the Terms of Use applies. Payment obligations that have already fallen due are not suspended.
Article 27 — Governing law and disputes
The Terms of Sale are governed by French law. The parties shall seek an amicable solution for thirty days.
WHERE PHASEN AND THE CLIENT HAVE BOTH CONTRACTED IN THEIR CAPACITY AS TRADERS (COMMERÇANTS), THE PARIS COMMERCIAL COURT (TRIBUNAL DE COMMERCE DE PARIS) SHALL HAVE EXCLUSIVE JURISDICTION. IN ALL OTHER CASES, THE COMPETENT COURT SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE LEGAL RULES.
Last updated: 10 October 2026.
SCHEDULES
Legal notice, processors and legal references
Schedule 1 — Legal notice
PHASEN, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 100 euros, registered with the Paris Trade and Companies Register (Registre du commerce et des sociétés) under number 106 966 005, whose registered office is located at 47 rue Vivienne, 75002 Paris, SIRET 106 966 005 00014, intra-Community VAT number FR08 106 966 005, represented by its President, Mr Clément Diffiné.
SIREN: 106 966 005 — SIRET of the registered office: 106 966 005 00014 — RCS Paris.
Registered office: 47 rue Vivienne, 75002 Paris.
President and publication director: Clément Diffiné.
Website: phasen.co — Platform: platform.phasen.co — Legal, support and data protection contact: contact@phasen.co.
Hosting provider: OVH SAS, simplified joint-stock company (société par actions simplifiée), 2 rue Kellermann, 59100 Roubaix, France.
Hosting provider’s telephone number: 1007.
Intra-Community VAT number: FR08 106 966 005.
Schedule 2 — Categories of service providers and processors
| Category | Purpose | Main location / transfers |
|---|---|---|
| Infrastructure | Hosting, storage, backups, monitoring and continuity | France / European Union, depending on the provider |
| Payment | Payment, invoicing and fraud prevention | EU / outside the EEA with safeguards where applicable |
| Communications | Transactional e-mails, notifications and support | EU / outside the EEA with safeguards where applicable |
| Artificial intelligence and 3D | Render generation, enrichment, 3D conversion or generation | EU / outside the EEA with safeguards where applicable |
| Third-party assistants and connectors | Performance of the actions requested by the User from a connected assistant or service | Depending on the third-party publisher; applicable safeguards specified in the register |
| Product feeds and catalogues | Provision and updating of product data | Depending on the partner and the contract |
| Affiliation and attribution | Click measurement, sales attribution and calculation of commissions | EU / outside the EEA with safeguards where applicable |
| Audience measurement and security | Usage analysis, error detection, combating abuse | Depending on the tool activated and the privacy policy |
The up-to-date named list of sub-processors, their contact details and the applicable transfer mechanisms are kept at the disposal of the clients concerned in the DPA, the privacy policy or a dedicated register.
Schedule 3 — Personal Data Processing Agreement (DPA)
3.1 Purpose, scope and precedence
This schedule governs the processing of personal data carried out by PHASEN on behalf of the User in connection with the Service. It constitutes the agreement provided for in Article 28 of Regulation (EU) 2016/679 (the “GDPR”). In the event of any inconsistency concerning processing carried out as a processor, it shall prevail over the other contractual provisions.
3.2 Roles of the parties
The User acts as data controller for the personal data that it determines and enters into the Service. PHASEN acts as processor for the operations carried out on the User’s instructions. PHASEN remains the controller for the processing operations that it determines for its own purposes, in particular contract management, invoicing, security, affiliation where PHASEN determines its means and purposes, and the defence of its rights.
3.3 Duration, nature and purposes
The processing lasts for the duration of the provision of the Service and the retention periods provided for in the contract. Depending on the features activated, it may include the collection, hosting, organisation, consultation, transmission, conversion, enrichment, 3D or AI generation, collaboration, preparation of content from connected assistants, backup, support, security, export and deletion of data.
3.4 Data subjects and categories of data
Data subjects may include the User’s users and staff, its clients and prospects, suppliers, service providers and persons appearing in the content. The data may include identity and contact data, professional data, project content, images and media, comments, product and supplier information, connection data, technical logs and support exchanges. The User shall not enter sensitive data within the meaning of Articles 9 and 10 of the GDPR, save with prior written agreement defining appropriate safeguards.
3.5 Documented instructions
PHASEN processes the data only on the documented instructions of the User, consisting of the contract, the settings and the actions carried out in the Service, as well as written requests compatible with the contract. The use of a third-party connector or assistant activated by the User constitutes an instruction to transmit the data strictly necessary for the authorised scope.
3.6 Confidentiality and security
PHASEN ensures that persons authorised to process the data are bound by a duty of confidentiality and only access it for the purposes of their duties. PHASEN implements appropriate technical and organisational measures and adapts them in line with the risks, the state of the art, the costs and the nature of the processing.
3.7 Sub-processors
The User gives general authorisation for the use of the categories of sub-processors described in Schedule 2 and of the service providers identified in the named register. These may include AI and 3D generation providers, infrastructure providers, publishers of connected assistants where the feature is activated, communication service providers and technical tools necessary for the Service. PHASEN binds them by data protection obligations compliant with Article 28 of the GDPR where they act as processors.
3.8 Data subject rights
Taking into account the nature of the processing, PHASEN reasonably assists the User, by appropriate technical and organisational measures, in responding to requests to exercise data subject rights. PHASEN forwards without undue delay any request received directly and does not respond on the merits except on the User’s instructions or where required by law.
3.9 Personal data breaches
PHASEN notifies the User, without undue delay after becoming aware of it, of any personal data breach affecting the processing carried out on its behalf. The notification provides the reasonably available information useful for compliance with the controller’s obligations.
3.10 Impact assessments and prior consultation
PHASEN provides reasonable assistance with the data protection impact assessments and prior consultations required, insofar as they concern the Service and the information is available. Services going beyond standard assistance may be subject to a prior quotation.
3.11 Information and audits
PHASEN makes available the information necessary to demonstrate compliance with this schedule. The User may carry out, or have carried out, an audit under reasonable conditions, subject to confidentiality, without disrupting the Service, and no more than once per twelve-month period, save in the event of an incident, a legal requirement or a request from an authority.
3.12 Return and deletion of data
At the end of the services, PHASEN returns or deletes the data in accordance with the Terms of Use, save where retention is required by law. Residual backup copies remain isolated, protected and are deleted in accordance with their normal cycle.
3.13 International transfers
PHASEN only transfers data outside the European Economic Area in accordance with Chapter V of the GDPR, by means, in particular, of an adequacy decision or the European Commission’s standard contractual clauses, supplemented where necessary by additional measures. Transfers relating to certain AI service providers, connected assistants or infrastructure services are documented in the applicable register.
3.14 Contact
Requests relating to this DPA and to data protection should be sent to contact@phasen.co.
Schedule 4 — Principal legal references
French Intellectual Property Code (Code de la propriété intellectuelle): copyright, software and rights of database makers, in particular Articles L. 122-6, L. 122-6-1, L. 341-1 and L. 342-1 et seq.
Regulation (EU) 2016/679: Articles 28, 32, 33 and Chapter V.
French Civil Code (Code civil): Articles 1170, 1218 and general rules of contractual liability.
French Commercial Code (Code de commerce): Articles L. 441-1 and L. 441-10.
French Code of Civil Procedure (Code de procédure civile): Article 48 on jurisdiction clauses between traders.
Regulation (EU) 2023/2854 (the “Data Act”): obligations applicable to switching between providers and to the reversibility of data processing services.
Regulation (EU) 2024/1689 (the “AI Act”): transparency obligations applicable to content generated or manipulated by artificial intelligence.
French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (Loi pour la confiance dans l’économie numérique).