Terms and conditions of use of the services

TERMS AND CONDITIONS OF USE

FIXEE platform published by UBIKIO SAS

Applicable as from 1 September 2026

Who are we?

The FIXEE platform (hereinafter the “Platform”), a customer service and technical support solution, is published by UBIKIO SAS, a French simplified joint-stock company with a share capital of EUR 40,500, represented by its President, Burko Cap EURL (hereinafter “UBIKIO”, “we” or “us”).

Our registered office is located at 33 rue de Janicu, 69530 Brignais, France, and we are registered with the Lyon Trade and Companies Register under number 978 529 485. You can contact us at any time at [email protected].

The Platform is hosted by Amazon Web Services EMEA SARL, whose registered office is located at 38 avenue John F. Kennedy, L-1855 Luxembourg, on servers located in France.

What is the purpose of the terms and conditions of use?

These terms and conditions of use (hereinafter the “GTU”) set out the rules you must comply with when using the Platform, in whatever capacity you access it.

They apply to any natural person using the Platform, namely:

  • “Users”, i.e. persons authorised by a business customer of UBIKIO (hereinafter the “Customer”) to use the Platform within its Team, whether employees of the Customer or third parties authorised by it, such as distributors, subcontractors or partners;
  • “Requesters”, i.e. persons who address a request to the Customer through the Platform and who access, where applicable, the Requester Area.

The commercial and financial conditions of the provision of the Platform to the Customer are governed by the terms and conditions of sale (hereinafter the “GTCS”) and the contractual documents they refer to. In the event of a conflict, the GTCS prevail over the GTU in the relationship between UBIKIO and the Customer. Capitalised terms used and not defined in the GTU have the meaning given to them in the GTCS.

Any use of the Platform entails unreserved acceptance of the GTU. You confirm that you have read them prior to any use.

What are the conditions for holding an account?

To create an account on the Platform, you must be a natural person of legal age, with full legal capacity.

Your account is strictly personal. You undertake to provide accurate, complete and up-to-date identification data and to inform us of any change. You are responsible for the confidentiality of your credentials and for restricting access to your devices. If you have any doubt as to the confidentiality of your access, you must change your password and contact our support without delay. To the extent permitted by law, you are responsible for any activity carried out from your account.

We recommend using a complex password, made up of digits, lower-case and upper-case letters and punctuation marks, and renewing it regularly from your account settings.

Users’ accounts are attached to the Customer’s Team under its Subscription. The Customer, through its administrators, determines the persons authorised to join its Team and their access rights, and may withdraw access at any time. If you are invited into a Customer’s Team as an authorised third party, your access is limited to the elements that the Customer has chosen to share with you.

What are our commitments?

We do our utmost to provide you with a quality service, accessible at all times.

UBIKIO is bound by an obligation of means as regards the hosting of the Platform and the management of the data generated, entered and shared between the Customer and its contacts, in accordance with prevailing professional standards and best practices, on its own servers or through a professional hosting provider operating at the state of the art.

UBIKIO uses all its efforts to maintain the availability, continuity and quality of the Platform. It cannot be held liable for slowness or malfunctions attributable to the networks, infrastructure, equipment or configurations of the Customer or of the User, nor for hacking, errors or viruses affecting your devices, nor for actions or omissions of a system administrator of the Customer.

Access to the Platform may occasionally be suspended or limited to allow repairs, maintenance operations or the addition of new features. We endeavour to limit their frequency and duration.

In all cases, our liability may only be incurred in the event of proven fault and applies only to direct and foreseeable damage, to the exclusion of any indirect damage. Indirect damage includes, in particular, loss of data, time, profits, revenue, margins, orders, customers, business or income, damage to image, expected results, any commercial disturbance and any third-party action against you. In the relationship between UBIKIO and the Customer, the liability cap provided for in the GTCS applies.

Any event of force majeure within the meaning of Article 1218 of the French Civil Code immediately and as of right suspends the performance of the Platform. If the impediment continues beyond two months, we reserve the right to suspend or terminate the service without notice or compensation. Force majeure includes, in particular, events beyond our control which could not reasonably have been foreseen when the Platform was made available and whose effects cannot be avoided by appropriate measures, such as war, riot, fire, internal or external strikes, lock-outs, occupation of premises, severe weather, earthquake, flood, water damage, legal or regulatory restrictions or changes, accidents of any kind, epidemics, pandemics, illness affecting more than 10% of our staff over two consecutive months, failure of energy supply, partial or total shutdown of the internet or of public or private telecommunications networks, failure of our hosting providers or of the third-party services on which the Platform’s communication channels rely, road blockages and supply impossibilities.

What are your obligations?

General rules

You undertake to use the Platform in accordance with its intended purpose, applicable laws and regulations and the GTU. You warrant that you will not use the Platform for unlawful or immoral purposes or purposes contrary to its intended use.

You acknowledge that you have only a personal right to use your account. You shall not, directly or indirectly:

  • arrange, modify, decompile, disassemble, reverse-engineer, translate, adapt, reproduce, index, copy, extract, distribute, disseminate or transfer any element of the Platform, by any means whatsoever, without our prior express authorisation; re-posting, scraping, automated use and high-volume use of the Platform are expressly prohibited;
  • use the Platform in a manner infringing intellectual and industrial property rights, privacy rights, image rights or any other rights of others;
  • create, use, share or publish any content which is, in our judgement, aggressive, threatening, malicious, defamatory, misleading, pornographic, paedophilic, obscene, vulgar, racist, xenophobic, inciting hatred, sexually explicit, violent, contrary to morality or otherwise objectionable;
  • enter into free-text fields, share or publish any information that is not relevant to the use of the Platform, in particular personal data not necessary for the handling of a request or special categories of data within the meaning of Article 9 of the GDPR;
  • carry out activities aimed at accessing elements or features of the Platform without our prior express authorisation;
  • modify, distort, block, abnormally burden, disrupt, slow down or hinder the operation of all or part of the Platform, its accessibility to other users or the operation of partner networks, or attempt to do so;
  • transmit or propagate any virus, trojan horse, worm, logic bomb, corrupted file, similar destructive device or corrupted data, or participate in any way in an attack against our servers, the Platform or the servers and services of our providers and partners;
  • harass other users of the Platform, engage in pyramid schemes or similar operations, or send unsolicited emails, spam or any unsolicited advertising or promotional material, for commercial purposes or otherwise;
  • use another user’s account, impersonate another person or claim a false capacity;
  • collect or intercept, by any means not expressly authorised, data exchanged by other users or their credentials;
  • attempt to obtain a password, account information or other private information from any other user, or sell, rent, share, lend or transfer to any third party your account or the means of accessing it;
  • access, use, download, reproduce or provide to anyone any directory of the Platform’s users or any information relating to users or to the use of the Platform;
  • use the video assistance feature for purposes other than those of the service offered by the Platform, or disclose personal data arising from exchanges carried out through it.

Use of the AI assistants

The Askia Client and Askia Hotliner assistants are intended for the Customer’s technical support and customer service activity. You shall not:

  • use Askia Hotliner as a general-purpose assistant for purposes unrelated to that activity;
  • query the assistants in an automated or programmatic manner or through any script, robot or similar device, outside the integration features provided by UBIKIO;
  • extract generated content on a massive scale;
  • circumvent or attempt to circumvent the consumption measurement mechanisms;
  • attempt to cause the assistants to produce content contrary to the GTU or to divert their instructions.

Document imports and automation

Your Team’s Knowledge Base is fed by importing documents into the Platform. These imports mobilise processing, vectorisation and indexing resources. You shall not:

  • carry out massive, repeated or looped imports, deletions or re-imports, whether manual or automated;
  • synchronise a third-party system (for example a SharePoint space, a shared drive or an electronic document management system) with the Platform on a continuous or scheduled basis, outside the connectors and integrations provided or expressly authorised by UBIKIO;
  • access or operate the Platform by means of third-party artificial intelligence agents, scripts, robots or automation, outside the APIs, connectors and integrations provided or expressly authorised by UBIKIO;
  • use any process the purpose or effect of which is to generate excessive or artificial consumption of the Platform’s processing, vectorisation or indexing resources, or to circumvent the storage and import caps attached to your Team’s Offer.

Use of the communication channels

The communication channels integrated into the Platform (email, SMS, WhatsApp, web chat) are intended for exchanges relating to technical support and customer service. You shall not use them for messages unrelated to a support request, in particular campaigns, prospecting, promotional communications or mass notifications, for exchanges unrelated to the purpose of the Platform, or to generate messages or conversations artificially. You shall comply with the terms of use and policies specific to each channel, in particular those of Meta Platforms for WhatsApp.

If you become aware of malicious behaviour or behaviour contrary to the GTU, you can contact us at [email protected].

How does AI-generated content work?

Askia Client, Askia Hotliner and the automatic generation features of the Platform rely on probabilistic artificial intelligence models. The content they produce may contain inaccuracies, omissions or approximations. It constitutes an aid to the handling of requests and does not dispense with human verification before any use liable to affect the safety of persons or property or to bind the Customer contractually towards a Requester.

The assistants’ responses are produced from the knowledge base constituted and configured by the Customer, which is responsible for its accuracy and updating, as well as for the setting of the rules for escalation to a human operator.

In accordance with Regulation (EU) 2024/1689 on artificial intelligence, the Platform informs Requesters that they are interacting with an artificial intelligence system when they exchange with Askia Client. You shall not deactivate, mask or alter this information, nor present content generated by an assistant as emanating from a natural person where that is not the case.

You may at any time ask, in the course of an exchange with Askia Client, to be put in contact with a human operator, in accordance with the escalation rules defined by the Customer.

Can your account be suspended or deactivated?

We may limit, restrict, suspend or permanently terminate all or part of your account, at any time, without notice or prior formality, in the event of a breach of your obligations under the GTU, at the express request of an administrative or judicial authority, or in the event of an actual or alleged infringement of any right, without this measure being capable of being regarded as a breach of our obligations. Your IP address may be used to identify you for the purposes of compliance with the GTU.

The Customer may also, through its administrators, withdraw a User’s access to its Team at any time.

Any closure of your account entails the permanent deletion of the information provided when it was opened or updated and of the elements personally attached to you, under the conditions set out in the data protection agreement in Annex 1. Tickets, Reports and content attached to a Customer’s Team remain accessible to that Customer under its Subscription. We recommend that you save the elements you wish to keep before any closure. We reserve the right to keep these elements on our servers for a reasonable period.

The closure of an account, on your initiative or on ours for breach of the GTU, does not give rise to any refund of the sums paid by the Customer under the GTCS. You may not open a new account, with the same or a different address or through an intermediary, without our prior written authorisation, requested at [email protected].

What are the “Alpha” and “Beta” versions?

We regularly update the Platform. Certain features are offered for trial in intermediate development versions, identified as “Alpha” or “Beta”, in order to validate their fit with Customers’ expectations and to gather feedback. The Alpha version aims to validate a proof of concept and corresponds to an unfinished but usable feature. The Beta version is a pilot version aimed at testing a feature nearing completion on a significant scale.

These versions may be made available to a limited number of Users (“Beta testers”) in return for comments, suggestions and feedback on their operation and user-friendliness, sent to UBIKIO by any means. Beta testers undertake to report any malfunction observed.

We reserve the right to limit, suspend or change these features at any time and without notice. We guarantee neither their availability nor the safeguarding of the data generated or transmitted through them, and our liability cannot be incurred in the event of loss or alteration of such data.

What is the Requester Area?

We make available to Requesters an interface, the Requester Area, enabling them to follow their pending Tickets and to consult the history of the Tickets handled with the Customer. Use of the Requester Area is free of charge for Requesters.

The Requester Area is shared across all Customers using the Platform: a single Requester account gives access to the history of the Tickets handled with each of the Customers to which the Requester has addressed a request. Each Customer has access only to the Tickets addressed to it.

To access the Requester Area, the Requester creates an account and accepts the GTU. The data communicated by the Requester in the context of a request is processed by UBIKIO on behalf of the Customer concerned, under the conditions of the data protection agreement in Annex 1; the Requester is invited to consult the Customer’s privacy policy for any information on the processing for which the Customer is responsible.

What rules apply to intellectual property?

UBIKIO is and remains the exclusive owner of all intellectual property rights in the Platform, its software, interfaces, databases and graphic charter and in the FIXEE and UBIKIO trademarks. Access to these elements in the course of your use does not entail any licence or right of use other than those strictly necessary for that use.

Any use of these elements not expressly authorised, in whole or in part, may constitute an infringement punishable under Articles L335-2 et seq. and L713-2 et seq. of the French Intellectual Property Code. The Platform may also mention logos, trademarks or distinctive signs belonging to third parties, any unauthorised use of which constitutes infringement.

We claim no rights over the elements belonging to you or to the Customer (graphic charter, logo, imported documents, know-how, data, knowledge bases, creations and, in general, any content deposited on the Platform in the context of the service). The authorisation given to UBIKIO to use its Customers’ logos and trade names for reference purposes is governed by the GTCS.

How do we use your personal data?

UBIKIO and the Customer undertake to comply with the applicable regulations on the protection of personal data, in particular French Law No. 78-17 of 6 January 1978, as amended, and Regulation (EU) 2016/679 of 27 April 2016 (“GDPR”).

For the processing carried out through the Platform in the context of the Customer’s activity, the Customer is the controller and UBIKIO acts as processor within the meaning of Article 28 of the GDPR. The applicable obligations are set out in the data protection agreement in Annex 1. In the event of a proven error in the qualification of the parties, they shall confer in order to amend this clause and take any appropriate measure.

UBIKIO also processes, as controller, the data necessary for the management of its relationship with the Customer and for the administration of the Platform (for example, Users’ identification and connection data). This processing is described in UBIKIO’s Privacy Policy, accessible at any time on https://fixee.ai. The Customer undertakes to inform its Users of this Privacy Policy.

If you are a Requester, you are invited to consult the privacy policy of the Customer to which you address your request.

Which language applies?

The Platform may be translated into various languages. French remains the reference language of our company and of our business. The French version of the GTU prevails over any translation, in particular in the event of difficulty of interpretation, dispute or litigation.

The Platform may contain hyperlinks to third-party websites. We are neither responsible for nor bound by the offers, content, products, services or any other element accessible through these links. We would be grateful if you would report any link on the Platform leading to content contrary to law or morality.

Confidentiality

The information, documents, data and elements that you communicate to us through the Platform are presumed confidential, in particular those relating to your know-how, methods and experience, whatever their form or medium.

Evidence agreement

We archive communications, files, contracts, orders and invoices on a reliable and durable medium so as to constitute a faithful copy. These elements, as well as the connection data and consumption indicators recorded by the Platform, may be produced as evidence and are authoritative, unless proven otherwise.

Severability and waiver

The nullity of any clause of the GTU does not entail the nullity of the other clauses, which continue to produce their effects. The fact of not availing oneself, temporarily or permanently, of any clause of the GTU does not constitute a waiver of the right to avail oneself thereof.

Which law applies?

The GTU are governed by French law. Any dispute relating to their interpretation or performance shall, failing amicable resolution, be brought before the competent French courts. Where the user acts in a professional capacity, the Lyon Commercial Court (Tribunal de commerce de Lyon) has exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings.

Can the GTU be amended?

We may amend the GTU at any time. The version in force is the version published on the Platform and on https://fixee.ai on the date of your use. Any substantial amendment is brought to your attention by any appropriate means. We advise you to consult the GTU regularly.

Annex 1: Data protection agreement

1. Introduction

The data protection agreement (hereinafter the “Agreement”) governs the processing of the personal data of the customers (hereinafter the “Customer”) of UBIKIO SAS (hereinafter the “Processor”) in the context of the use of the FIXEE platform, whether branded or white-label (hereinafter the “Service”).

2. Definitions

All terms relating to the applicable personal data protection regulations used in the Agreement are defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).

3. Role of the Parties

Under the Agreement, the Customer acts as controller and the Processor acts as processor within the meaning of Article 28 of the GDPR (hereinafter, together, the “Parties”).

4. Contractual documents and duration

The Agreement, an indivisible annex to the GTU and to the contract entered into between the Customer and the Processor for the use of the Service (hereinafter the “Contract”), applies throughout the duration of the contractual relationship between the Parties.

In the event of a conflict between the Contract and the Agreement, the obligations set out in the Agreement prevail as regards the applicable data protection rules.

5. Declarations and undertakings

The Processor declares that it complies with all applicable rules on the protection of personal data and that it provides sufficient guarantees to meet the requirements of the GDPR in the context of the provision of the Service.

The Processor declares that all internal or external personnel required to process the Customer’s personal data are bound by a confidentiality clause, an information systems charter or any other binding legal instrument, and regularly receive training and awareness-raising.

The Processor declares that the Service has been designed in compliance with the principles of data protection by design and by default, and that it is accompanied by the features enabling the Customer to comply with its obligations as controller.

6. Documented instructions

The Processor undertakes to process the Customer’s personal data only on the Customer’s documented instructions, in the context of the use of the Service. The list of processing operations carried out is detailed in an annex or provided at the Customer’s request.

7. Security

The Processor undertakes to ensure the security of the Customer’s personal data and to implement all technical and organisational measures necessary for its Service. All such measures are detailed in an annex or provided at the Customer’s request.

8. Personal data breach

The Processor undertakes to notify the Customer, in accordance with the obligations set out in Article 28 of the GDPR and as soon as possible after becoming aware of it, of any personal data breach liable to concern the Customer’s data.

The Processor undertakes to communicate, as soon as possible after becoming aware of it, all necessary information in its possession to reduce the effects of the breach and to enable the Customer to take adequate safeguard and protection measures.

Unless otherwise agreed between the Parties, the Processor is not authorised to notify the breach to the supervisory authority or to inform the data subjects on behalf of the Customer.

9. Help and assistance

The Processor provides the Customer, upon written request, with all necessary information on the technical and organisational security measures implemented, as well as the information necessary for carrying out a data protection impact assessment (“DPIA”).

The Processor notifies the Customer, as soon as possible after becoming aware of it, of any request to exercise rights addressed to the Customer. It provides the Customer, upon written request, with the necessary information and carries out the actions required to enable the Customer to respond to data subjects’ requests.

10. Liability

The Processor is not liable for any use of the Service by the Customer that does not comply with the applicable data protection rules.

The Processor is not required to manage requests to exercise rights in the Customer’s place and on its behalf, nor to ensure or audit the Customer’s security, nor to carry out DPIAs in its place. Any request beyond the communication of information may be refused and, where appropriate, be subject to an additional priced service.

11. Sub-processors

The Customer authorises the Processor to engage sub-processors (hereinafter “Sub-processors”) in the performance of the Agreement, provided that it informs the Customer, by any means, of any change concerning such Sub-processors occurring during the performance of the Contract. The Processor remains liable for the acts of its Sub-processors under the Agreement.

The Processor undertakes to engage only Sub-processors providing the necessary and sufficient guarantees to ensure the security and confidentiality of the Customer’s personal data, to monitor them, and to ensure that the contract entered into with each Sub-processor contains obligations similar to those set out in the Agreement.

The Customer may object by registered letter with acknowledgement of receipt (i) if the Sub-processor is one of its competitors, (ii) if the Customer and the Sub-processor are in a pre-litigation or litigation situation, or (iii) if the Sub-processor has been sanctioned by a data protection supervisory authority within the year of its engagement. The Processor has six months from receipt of the objection to replace the Sub-processor.

12. Fate of personal data

The Processor deletes the Customer’s personal data at the end of the performance of the Contract. The Customer accepts that the Processor may, where technically possible, anonymise such data for statistical purposes.

The Processor certifies to the Customer, upon written request, the effective deletion of its personal data and of all existing copies.

The Customer must retrieve its personal data before the end of the Agreement. Failing this, deletion being irreversible, the Customer can no longer retrieve it and remains solely responsible for its loss.

13. Audits

The Customer has the right to carry out an audit in the form of a written questionnaire once a year to verify compliance with the Agreement. The questionnaire has the force of a sworn undertaking binding the Processor, which undertakes to respond within a maximum of two months of receipt.

The Customer also has the right to carry out an audit at the Processor’s premises, at its own expense, once a year, only in the event of a data breach or of a proven and demonstrated failure to comply with the applicable rules or with the Agreement. Such an audit may be carried out by the Customer or by an independent third party appointed by it, and must be notified in writing to the Processor at least thirty days before it takes place.

The Processor may refuse the chosen independent third party if the latter is (i) a competitor or (ii) in pre-litigation or litigation with it; the Customer shall then appoint another third party. The Processor may refuse access to certain areas for confidentiality or security reasons; in that case, it shall itself carry out the audit of those areas, at its own expense, and communicate the results to the Customer.

In the event of any discrepancy identified, the Processor undertakes to implement without delay the measures necessary to achieve compliance.

14. Transfers of data outside the European Union

The Processor undertakes to do what is necessary not to transfer the Customer’s personal data outside the European Union and not to engage Sub-processors located outside the European Union.

Nevertheless, should such transfers prove necessary in the context of the Service, the Processor undertakes to implement all mechanisms required to govern them, in particular the conclusion of the standard contractual clauses adopted by the European Commission. The transfers carried out and the corresponding safeguards are detailed in an annex.

15. Cooperation with supervisory authorities

For the processing carried out under the Agreement, the Processor undertakes to provide, upon request, all information necessary for the Customer to cooperate with the competent supervisory authority.

16. Contact

The Customer and the Processor shall each designate a contact person for the Agreement, who shall be the recipient of the notifications and communications to be made in this context.

The Processor informs the Customer that it has appointed a Data Protection Officer, who can be contacted at [email protected].

17. Review

The Processor reserves the right to amend the Agreement in the event of changes to the applicable rules on the protection of personal data having the effect of modifying any of its provisions.

18. Governing law and jurisdiction

The Agreement is governed by French law. Any dispute relating to its performance falls within the exclusive jurisdiction of the courts within the jurisdiction of the Lyon Court of Appeal.