Please carefully read these current terms and conditions governing Customer's use of Instria Services (the "T&C"). By clicking the "I accept" (or any similar) button, the Customer acknowledges that it accepts these T&C.
These T&C are entered by and between:
INSTRIA SAS, a French simplified joint-stock company (société par actions simplifiée) with a share capital of €1,000, registered in Paris under company number 103 288 718, whose registered office is at 60 Rue François 1er, 75008 Paris, France, represented by its President, Aurélie Maruchka Pillet ("Instria"), and,
Customer's company or organization as identified for this purpose in its Instria account or when subscribing to the Services.
collectively referred to as the "Parties" and individually as a "Party".
These T&C govern the use of Instria's proprietary software and services, which provide AI-powered data enrichment, prospecting, and workflow automation capabilities ("Services").
These T&C shall be effective for one month upon acceptance by the Customer (the "Term") and shall automatically renew for one (1) month at the end of each contractual period, unless either Party terminates these T&C by giving fifteen (15) days' written notice prior.
Functionalities. Instria undertakes to maintain the general Service functionality to enable data enrichment, prospecting, and workflow automation, which may connect with third-party data sources and services ("Third-Party Services"). The Services are provided to the Customer via the Instria platform and API. Customer will:
benefit from AI-powered data processing and enrichment capabilities,
access the endpoints and functionalities made available by Instria as detailed in the Documentation.
Level of Services. Instria will:
(a) provide the Services in accordance with these T&C and the documentation available at instria.fr ("Documentation"),
(b) provide the Customer with the standard customer support for the Services at no additional charge as detailed in the Documentation,
(c) use its best efforts to make the Services available 24 hours a day, 7 days a week, except during planned downtime for maintenance.
Instria grants the Customer a limited right to access and use the Services subject to its compliance with these T&C. This license is non-transferrable, non-exclusive and granted worldwide, for the duration of the Term.
License to Service Data. Customer undertakes to provide any information or data submitted or sent in connection with the use of the Services by the Customer ("Service Data") necessary for Instria to provide the Services and, in particular, to maintain the quality of the Services. Customer represents and warrants that Customer has all rights necessary and is responsible for its use of any Service Data. Customer hereby grants to Instria a non-exclusive, royalty-free, worldwide license during the Term extended by a further 3 years, to access, reproduce, de-identify or to otherwise use Service Data for providing, supporting or improving the Services or any other Instria services.
Feedback. Customer grants to Instria a non-exclusive, non-transferable, worldwide, commercial, perpetual, irrevocable, royalty-free license to use, reproduce, modify, create derivative works of the data from Customer's use of the Service and any suggestions, enhancement requests, or other feedback regarding the Services to: (i) provide and maintain Services; (ii) improve or offer new services; (iii) measure performance of Services; or (iv) for any other lawful business purpose.
Liability exclusion for Third-Party Services. Third-Party Services are governed solely by the terms and conditions of such Third-Party Services, and Instria is not responsible or liable for, and makes no representations as to any aspect of such Third-Party Services. Instria cannot guarantee the continued availability of such Third-Party Services and may cease enabling access to them without entitling the Customer to any refund or compensation.
Authorization of communication with Third-Party Services. By enabling any Third-Party Services, Customer is expressly permitting Instria to interact with such Third-Party Services and to obtain Service Data from such Third-Party Services as necessary to provide the Services.
Customer agrees not to attempt to, nor allow any third party to:
make the Services available to any third party other than as authorized in the T&C,
decompile or reverse engineer the Services except as authorized by Instria,
attempt to gain unauthorized access to the Services,
interfere with or disrupt the integrity or performance of the Services,
use the Services, including the transmission of Service Data, in any manner that violates any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency,
use the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, or pyramid schemes,
use any data made available using the Services or Documentation on other competitive platforms,
use the Instria API or any part of the Services to train its own AI models,
use, reproduce, distribute, or permit others to use, reproduce, or distribute any harmful code.
Responsibility of the Customer. Customer is solely responsible for:
all activities required by or otherwise related to the development, production, delivery, updating and promotion of any technology outside of the Services, including the Customer's websites, applications, or other technology used to interface with the Services ("Customer Services"),
ensuring that at all times during the Term, Customer's authorized users' use of the Services shall (i) conform to specifications set forth in the applicable Documentation and (ii) comply with these T&C.
Compliance with laws. Customer shall comply with all applicable laws in the performance of its obligations hereunder.
Suspension of the Services. Instria reserves the right to periodically verify that the Customer's use of the Services complies with the T&C. Instria reserves the right to block any Service Data or to stop the provision of the Services if the Customer violates these T&C or applicable law.
IP rights. The Services and Documentation are protected by applicable intellectual property laws. Except for the rights expressly granted to Customer in these T&C, Instria shall retain all right, title and interest in and to the foregoing.
Communication. Customer grants Instria the right to mention the corporate name, the commercial name, the sign, the logo and the trademarks of the Customer, as a commercial reference on any medium and on any occasion during the entire Term of these T&C and for a period of two (2) years from the expiry of these T&C.
Definition of Confidential Information. Confidential Information means any data or information disclosed to one party, oral or written, wherein a reasonable person would likely understand such information is confidential. Confidential Information shall not include information that: (i) is in or has entered the public domain through no breach of these T&C; (ii) it has been lawfully received by the receiving party from a third party; or (iii) was independently developed by a party without use of or access to the Confidential Information of the other party.
Protection of Confidential Information. The Receiving Party hereby agrees to take reasonable precautions to protect such Confidential Information from unauthorized disclosure and to use them only for the execution of these T&C.
Term of the confidentiality obligation. Each party's confidentiality obligations will survive for three (3) years after termination of the T&C.
Fees. Fees will be calculated and paid by the Customer monthly within thirty (30) days of receipt of an invoice from Instria. The subscription plans are charged as follows: the Pro plan at €89 excluding VAT per month; the Business plan at €389 excluding VAT per month; and the Enterprise plan on a quote basis ("sur devis") as agreed between the Parties in a separate order form. In addition to the applicable subscription, the Customer may purchase credit packs on a pay-as-you-go basis, each pack being billed at the fixed price set out and displayed on the Instria platform and website (instria.fr) at the time of purchase. Fees listed do not include any applicable VAT.
Late payment. In the event of late payment of Services fees, late payment penalties equal to 3 (three) times the legal interest rate in force, increased by 10 points, as well as a fixed indemnity for collection costs of €40 will be payable.
Fees renewal. Any T&C renewal may be subject to an increase of fees if it is communicated to the Customer within forty-five days of renewal (email shall suffice).
Price changes. Instria may modify its fees and pricing at any time. Prices displayed on the website (instria.fr) are indicative, do not constitute a binding offer, and may change without notice; any change to recurring subscription fees applies upon renewal as set out above.
Customer Indemnification. Customer will defend, indemnify and hold harmless Instria from all proceedings, judgments, settlements, damages, and reasonable attorneys' fees arising from: (i) breach of these T&C by Customer, (ii) Customer's or its users' misuse or illegal use of the Services, (iii) the Service Data, or (iv) Customer Services' violation or infringement of any intellectual property rights.
Instria Indemnification. Instria will defend, indemnify and hold harmless Customer against any damages paid to third parties awarded by a final decision of justice or by a transaction within the meaning of the French Civil Code arising out of any claim that the software that enables the Services to function ("Instria Technology"), during the Term, infringes any intellectual property rights of a third-party ("Claim"). Instria shall have no liability for any Claim to the extent it is based on (i) Customer's written specifications, (ii) Customer's modification of the Services, or (iii) the Service Data. No transaction may be concluded without Instria's prior written consent.
AI outputs & no warranty. The Services rely on artificial intelligence and automated processing and are provided on an "AS IS" and "AS AVAILABLE" basis. Instria does not warrant that AI-generated outputs are accurate, complete, error-free or fit for any particular purpose. The Customer remains solely responsible for reviewing and validating any output before relying on it, and for any decision or action taken on its basis. To the maximum extent permitted by law, Instria shall not be liable for errors, inaccuracies or omissions in AI-generated outputs, nor for any decision or action taken in reliance on them. Nothing in these T&C excludes or limits liability that cannot be excluded under applicable law (including wilful misconduct, gross negligence or personal injury).
EXCEPT FOR PAYMENT OBLIGATIONS AND CLAIMS ARISING DUE TO A PARTY'S WILFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT WILL EITHER PARTY BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE T&C FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE FEES PAID OR PAYABLE TO INSTRIA HEREUNDER DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
Termination for cause. Each Party may terminate these T&C, if the other Party breaches these T&C and is unable to cure such breach within thirty (30) days after receipt of written notice. Instria may also terminate these T&C for any reason in its sole discretion by giving thirty (30) days prior written notice but shall refund any prepaid, unused fees that represent the remainder of the then-current term.
Consequences of the termination. Upon termination of these T&C, all right to access the Services will expire. Instria will discontinue the provision of the Services, and Customer shall immediately pay any outstanding invoices.
Return and deletion of Service Data. For thirty (30) days following termination, Instria will make an export of the Customer's Service Data available upon written request, in a structured, commonly used format. After this period, Instria will delete or irreversibly anonymise the Service Data, except where retention is required by law, in accordance with the Privacy Policy.
Survivance. Any provision of these T&C that contemplates performance subsequent to any termination of these T&C, including all provisions with respect to Intellectual Property, limitation of liabilities, indemnification, and governing law shall survive any termination of these T&C and continue in full force in perpetuity.
Assignment. Neither these T&C nor any rights hereunder may be assigned by either party without the prior written consent of the other party. Either party may assign these T&C or any rights or obligations hereunder without the other's consent to a third party acquirer of all, or substantially all, of the assets or business of a party.
Force majeure. Neither party hereto shall be responsible for any failure to perform its obligations under these T&C if such failure is caused by force majeure as defined and recognized by the French Civil Code and applicable case law.
Applicable Law and jurisdiction. These T&C shall be governed by French law without regard to the United Nations Convention on Contracts for the International Sale of Goods, and the parties consent to the exclusive jurisdiction of the French courts.
Professional and consumer customers. The Services are primarily intended for professional customers acting in the course of their business. Where the Customer qualifies as a consumer or non-professional within the meaning of the French Consumer Code, the provisions of Section 17 ("Consumer Customers") apply in addition and, in case of conflict, prevail over the other provisions of these T&C.
Entire Agreement. These T&C constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all written or oral prior agreements and understandings between the parties concerning such subject matter.
Roles of the Parties. For data relating to the Customer's user accounts (identity, credentials, billing, usage logs), Instria acts as data controller. For personal data contained in Service Data processed on the Customer's behalf in the course of providing the Services, Instria acts as data processor within the meaning of Article 28 of Regulation (EU) 2016/679 ("GDPR") and processes such data only on the Customer's documented instructions.
Instria's commitments. Instria undertakes to comply with the GDPR and French Law No. 78-17 of 6 January 1978 as amended, to implement appropriate technical and organisational measures within the meaning of Article 32 GDPR, to notify the Customer without undue delay of any personal data breach affecting the Service Data (Article 33 GDPR), and to provide the Customer with reasonable assistance in responding to data subjects' requests.
Sub-processors and transfers. The Customer generally authorises Instria to engage sub-processors (hosting, e-mail delivery, AI model providers), a list of which is available upon request. Service Data is hosted on infrastructure located in the European Union (France). Any transfer of personal data outside the European Economic Area is governed by appropriate safeguards, in particular the European Commission's Standard Contractual Clauses.
Applicable documents. The detailed processing terms are described in the Privacy Policy. A Data Processing Agreement (DPA) is entered into between the Parties or made available upon written request to contact@instria.fr; in case of conflict, the DPA prevails over this Section.
Information of the Customer. The Customer is informed that the Services rely on artificial intelligence systems: conversational interactions are conducted with an AI agent and outputs (text, analyses, proposed actions) are AI-generated, in accordance with the transparency obligations of Regulation (EU) 2024/1689 (the "AI Act").
Human oversight. By default, write actions performed by the agent on connected Third-Party Services (sending e-mails, creating or modifying data) are subject to the Customer's prior human validation. Where the Customer enables an autonomous execution mode, the Customer assumes responsibility for supervising the actions so performed.
Customer's own obligations. Where the Customer uses the Services to generate or distribute content to third parties (for instance AI-generated communications), the Customer is responsible for complying with its own legal transparency and information obligations towards such third parties, including those arising from Regulation (EU) 2024/1689.
Scope. This Section applies where the Customer is a consumer or non-professional within the meaning of the French Consumer Code. Nothing in these T&C deprives consumers of the rights granted to them by mandatory provisions, including the statutory conformity warranty applicable to digital services (Articles L224-25-12 et seq. of the French Consumer Code), which applies as of right.
Prices. For consumers, prices are displayed and invoiced inclusive of all taxes (TTC), with applicable VAT indicated before the order is confirmed.
Right of withdrawal. Consumers have fourteen (14) days from the conclusion of the contract to withdraw, without reason, by writing to contact@instria.fr or using the model withdrawal form available upon request. Where the subscription begins with a free trial of at least fourteen (14) days, the contract is concluded on the day of enrolment in the trial: the withdrawal period runs from that date and expires before any charge, the first billing occurring at the end of the trial. Consumers may in any event cancel their trial at any time before the first billing, free of charge.
Immediate performance. Where a consumer subscribes to a paid service with immediate performance (without a trial), they may expressly request that performance begin before the end of the withdrawal period; in case of withdrawal, they then owe the price corresponding to the service supplied until communication of their decision, in accordance with Article L221-25 of the French Consumer Code, and acknowledge losing the right of withdrawal once the service has been fully performed.
Online cancellation. In accordance with Article L215-1-1 of the French Consumer Code, consumers may cancel their subscription at any time through a free, directly accessible functionality in their account (Settings → Subscription). Instria confirms receipt of the notice and informs the consumer, on a durable medium, of the end date of the contract and its effects.
Consumer mediation. In accordance with Articles L612-1 et seq. of the French Consumer Code, consumers are entitled to free recourse to a consumer mediator for the amicable resolution of a dispute with Instria, after a prior written complaint has failed. The contact details of the mediator appointed by Instria are available upon request at contact@instria.fr and will be published on this page. Consumers may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
Jurisdiction. Notwithstanding Section 14, consumers may bring proceedings, in addition to the courts having jurisdiction under the French Code of Civil Procedure, before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.
In accordance with Regulation (EU) 2023/2854 (the "Data Act"), the Customer may at any time request to switch to another data processing services provider or to repatriate its data to its own infrastructure. Upon the Customer's written notice, Instria will initiate the switching process within a maximum of two (2) months, followed by a transition period of thirty (30) calendar days (extendable once where technically unfeasible within that period, with a reasoned notification), during which Instria maintains service continuity.
Instria makes the Customer's exportable Service Data available free of charge in a structured, commonly used and machine-readable format. Until 11 January 2027, any switching charges may not exceed the costs directly incurred by Instria; from 12 January 2027, no switching charges apply. Termination of the contract in connection with provider switching is carried out in accordance with Section 13.