1. Legal Notice and Publisher Identification

The software service beReferenced, hereinafter referred to as the "Platform" or the "Service", is published and operated by the company beReferenced, a Simplified Joint Stock Company (SAS) with a capital of 1,000 euros.

Its registered office is located at 53 rue Milhès, Bât. A, Apt. 7, 31300 Toulouse, France. The company is registered with the Trade and Companies Register (RCS) of Toulouse under the SIREN number [Registration in progress] and its intra-community VAT number is [...].

The Publication Director is Odilon Vidal.

For any legal, commercial, or technical request, the publisher can be contacted at the following email address: [email protected].

The hosting infrastructure for the Platform is provided by Railway Corp, whose registered office is located at 548 Market St, PMB 68956, San Francisco, CA 94104, United States, and can be reached at (415) 707-7675. The host guarantees the physical location of the servers allocated to the Service within the European Union, specifically in Amsterdam, Netherlands.

2. Purpose and Scope

These general terms of use and sale (Terms of Service) have the exclusive purpose of defining the contractual framework governing the provision by beReferenced of its SaaS solution for AI visibility analysis, search engine optimization, and competitive intelligence.

Any validation of a subscription to a membership on the Platform entails the full, complete, and unreserved acceptance of these terms by the contracting party, hereinafter referred to as the Client.

As the Service is strictly reserved for professional use within the framework of a business-to-business (B2B) activity, the Client expressly acknowledges that no provision of the Consumer Code shall apply to this contract, naturally excluding any right of withdrawal.

3. Service Access and Scope of Use

Access to the solution is achieved through the creation of an administrator account linked to the Client's organization, from which individual named access can be delegated to its employees. The Client remains solely responsible for the security policy of its access, the strict confidentiality of credentials, and all operations performed on the Platform from its account.

In the event that the Client acts as an agency operating on behalf of its own principals, it is expressly stipulated that the agency acts in its own name and remains the sole and exclusive contracting party of beReferenced. The publishing company does not maintain any legal tie or obligation towards the agency's end clients. Consequently, the agency agrees to guarantee and hold beReferenced harmless from any claim or action emanating from its own clients that would be based on the use of data or recommendations from the Platform.

Any technical maneuver aimed at circumventing these restrictions, including mass data extraction or sending unauthorized automated requests, will constitute a serious breach justifying the immediate suspension of access to the Service.

4. Fair Use Policy

Access to the Service is designed to offer great freedom of analysis. To ensure optimal performance for all Clients, beReferenced applies a "Fair Use" policy. The Client agrees to use the Platform in a non-abusive manner.

Unless specific conditions are provided in the "Enterprise" offer, use is governed by the following limits:

URL Analyses: Up to 100 URL audits per 24-hour period.
Simultaneous Processing: The Client can launch up to 20 analyses in parallel.
Exports: The volume is set at 1,000 full reports per calendar month.

beReferenced monitors unusual consumption peaks. The use of third-party automated scripts to query the interface and account sharing between distinct entities are prohibited. In case of systemic exceedance, beReferenced reserves the right to temporarily throttle the speed or suspend access after notification, without this entitling to any refund.

5. Analysis Methodology and Public Data Collection

To generate its technical audits and AI visibility scores, beReferenced deploys automated data collection technologies (crawling and scraping) on the URLs specifically submitted by the Client. This process is strictly limited to reading and extracting publicly accessible information on the web (notably HTML source code, metadata, and semantic structure). The Platform does not interact with any restricted areas requiring authentication, does not bypass any cryptographic security systems, and does not access any private databases.

By submitting a URL for analysis on the Platform, the Client expressly mandates beReferenced to perform this public data collection on its behalf. In this regard, the Client guarantees using the Service for legitimate purposes of auditing its own digital assets or standard competitive intelligence. beReferenced implements rate-limiting measures to avoid any overload of third-party infrastructures.

To prevent any abusive use and protect the integrity of the audited systems, beReferenced reserves the discretionary right to refuse the analysis of certain domain names, suspend automated requests, or interrupt access to the Service, without notice or compensation, if the Client's activity is likely to resemble a cyberattack (notably denial of service) or compromise the legal liability of the Platform.

However, the Client assumes full responsibility for the requests generated by its use of the tool towards target sites. Consequently, the Client expressly agrees to guarantee and hold beReferenced harmless against any claim, lawsuit, or recourse from a third party (notably based on illicit database extraction, unfair competition, or parasitism) resulting from the analyses carried out at its request. This indemnification guarantee covers not only any damages that beReferenced might be ordered to pay, but also all defense costs, expert fees, court costs, and attorney fees that the company would be required to incur to ensure its defense.

6. Financial Conditions, Billing Terms, and Price Revision

Subscription to the Service is carried out according to the current price lists presented on the Platform, structured around the Standard, Business monthly plans and the tailored Enterprise offer. Billing is issued monthly and in advance.

In the event of a lack of funds, payment rejection, or expired credit card, beReferenced reserves the right to suspend access to the Platform's features at the expiration of a period of eight (8) business days following the sending of a formal notice by electronic means that has remained unsuccessful. It is expressly agreed that this suspension of the Service, attributable to the Client's breach, does not interrupt the course of the subscription: periodic fees remain due and continue to run throughout the duration of the suspension until full regularization or effective termination of the contract.

Any late payment will automatically entail late penalties calculated on the basis of three times the legal interest rate, as well as the application of a fixed indemnity for recovery costs set at forty (40) euros. Any monthly billing cycle started is considered as fully due by the Client. No refund or credit will be granted in case of early termination, account suspension, or non-use of the features by the Client.

beReferenced reserves the right to modify its prices at any time. The Client will be informed of any price increase by notification on the Platform's interface or by email with a minimum notice of thirty (30) days before the application of the new price to their next billing cycle. In case of refusal of this increase, the Client has the right to terminate their subscription without penalty before the new pricing takes effect. Failing termination within this period, the new pricing will be deemed accepted and will apply automatically to subsequent bills.

7. Service Commitments and Limitation of Liability

The Service provided by beReferenced consists of a decision-support tool relying on proprietary algorithms, the integration of third-party artificial intelligences, and the aggregation of data from the digital ecosystem. In accordance with the transparency obligations arising from European regulations on artificial intelligence (AI Act), beReferenced expressly informs the Client that the analyses, scores, and recommendations produced are generated by automated systems. As such, the company is only bound by a strict obligation of means in the execution of its services.

Given the structurally uncertain and discretionary nature of search engine algorithms and generative language models, beReferenced excludes any guarantee of result regarding the improvement of ranking, traffic acquisition, or the evolution of the Client's turnover. The Client acknowledges that AI outputs may contain factual errors ("hallucinations") or biases. Consequently, the Client remains the sole judge and responsible for the implementation of recommendations; they agree to proceed with human supervision and a systematic technical validation of each result before any use.

The AI visibility analysis functionality relying on the interrogation of third-party generative platforms, the availability and completeness of this data are strictly conditioned on the technical accessibility of these services. beReferenced reserves the right to adapt or suspend certain metrics in case of access restriction by these third-party publishers. Furthermore, the Client is prohibited from using the Service to generate content contrary to the law, public order, or the ethical principles of the AI Act (notably any attempt at manipulation or discrimination).

In no event shall beReferenced be held liable for any indirect damage, loss of visibility, algorithmic penalty, or operating loss suffered by the Client. Its liability cannot be engaged for any error directly resulting from third-party AI models or for use of the Service not complying with these terms.

In the event that beReferenced's liability is engaged for direct and proven damage, the maximum amount of damages is expressly limited to the total amount of sums excluding taxes actually paid by the Client during the twelve (12) months preceding the event giving rise to the damage.

Regarding Service continuity, beReferenced agrees to use its best efforts to maintain continuous access for Standard and Business plan subscribers, without guarantee of absolute availability. A Service Level Agreement (SLA) is only applicable to subscribers of the Enterprise offer. beReferenced cannot be held liable for any non-performance originating from a case of force majeure, including notably internet network failures, major cyberattacks, or the interruption of services from its infrastructure providers (Cloud and IA).

8. Intellectual Property and Data Integrity

beReferenced retains full, complete, and exclusive ownership of all intellectual property rights attached to the Platform, including its architecture, source code, algorithms, calculation methodologies, and graphical interfaces. Under the strict condition of the full payment of due subscription fees, the Client is transferred full ownership of the reports, audits, and raw data generated specifically for their account and exported from the Platform.

The Client also retains full ownership of the queries (prompts) entered into the tool. The Client therefore has the right to exploit and commercialize these elements with their own principals, including white-label exploitation for Business plan holders.

To ensure the optimal functioning of audits, the Client expressly mandates beReferenced to connect in its name, via secured authentication protocols, to relevant third-party services such as Google Search Console, Google Analytics, or Bing Webmaster. The Client agrees to have the necessary authorizations and to strictly respect the terms of use specific to these third-party providers.

beReferenced formally prohibits itself from any use of the Client's strategic data and prompts aiming to train its own competitive analysis models or any resale to third parties. In the framework of using third-party APIs (such as those provided by OpenAI or Anthropic), beReferenced exclusively agrees to use professional versions whose contractual terms exclude the use of submitted data for the training of global models of said providers.

Said data may nevertheless be subject to consultation strictly governed by the Platform's technical teams for the exclusive purposes of maintenance, debugging, and continuous improvement of the technological infrastructure.

In the framework of operating the Service, beReferenced is required to process personal data (such as login credentials, IP addresses, names, and emails of the Client's employees). beReferenced acts as a processor within the meaning of the applicable regulations (GDPR), on documented instruction from the Client, who acts as the data controller.

In accordance with the provisions of Article 28 of the GDPR, the respective obligations of the parties regarding the processing of personal data are expressly detailed within beReferenced's Data Processing Agreement, which forms an integral and inseparable part of these terms.

This agreement precisely governs the nature of the data processed, the purposes, the technical and organizational security measures implemented, the conditions for using sub-processors (notably for infrastructure hosting), as well as the terms for deleting or anonymizing data at the end of the contractual relationship. beReferenced formally agrees not to proceed with any transfer of data outside the European Union without ensuring the implementation of appropriate guarantees recognized by European regulations.

Details regarding the information and exercise of data subjects' rights (right of access, rectification, erasure, etc.) are specified within the Platform's Privacy Policy, also applicable.

10. Changes to the Terms of Service

beReferenced reserves the right to modify these general terms at any time, notably to adapt to technological or legislative changes or the addition of new features. The Client will be informed of any substantial modification by email at least thirty (30) days before its entry into force.

Continued use of the Platform after this date will constitute full and complete acceptance of the new terms by the Client. In case of disagreement, the Client will retain the possibility to terminate their subscription before the changes take effect.

11. Agreement Duration and Termination Conditions

The contract is concluded for an indefinite duration, materialized by successive monthly billing cycles. The Client retains the right to terminate their subscription at any time via their account management interface or by electronic notification sent to support.

The effective date of this termination will be at the end of the current billing cycle. At the end of this period, the data hosted on the Client's account will be subject to deletion or anonymization within thirty days.

beReferenced also reserves the right to suspend or permanently close an account as of right, without notice or compensation, in case of a serious breach by the Client of its contractual obligations. Serious breaches are expressly considered to include unauthorized sharing of login credentials between several distinct entities, any attempt at reverse engineering, mass or automated data extraction, non-payment of sums due, or any use of the Service for illegal purposes or harmful to the Platform.

12. Evidence Agreement

The computerized records, stored in beReferenced's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments occurring between the parties. The Client's login and activity logs on the Platform will be authoritative between the parties.

13. Governing Law and Jurisdiction

These general terms of use and sale, as well as all resulting contractual relationships, are exclusively subject to the application of French law.

Any dispute regarding the validity, formation, execution, interpretation, or termination of this contract that cannot be resolved amicably will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Commercial Court of Toulouse, notwithstanding plurality of defendants or third-party appeals.

Terms of Service