Terms of use and sale

1. Publisher

Opti' is published by Thomas LEQUEUX Consulting, a French sole proprietorship (micro-entreprise), 5 allée de l'Autan, 31850 Montrabé, France, SIRET 940 719 180 00017 (the "Publisher"). Contact: thomas.lequeux.consulting@gmail.com, or the contact form.

2. Purpose

These terms govern the use of Opti' and the purchases made on it. Creating an account, subscribing to a plan or making a purchase means accepting these terms and the privacy policy.

3. The service

Opti' is an AI-assisted monitoring and evaluation (MEAL) platform, available:

• through the web app, at myoptibot.com/app, and its Android app;
• through the Excel add-in, distributed on Microsoft AppSource;
• through the public tools of the myoptibot.com website, such as the form and report generators.

It includes OptiBot (the assistant), Opti Gemba (forms, data collection, analysis, reports) and Opti Academy (training). The features available depend on the account's plan.

4. The account

• An account is created with a valid email address. Users keep their login details confidential and remain responsible for what is done from their account.
• The information provided must be accurate. An account is personal.
• The holder of a plan that allows team work chooses the people they invite and the rights they give them, and is answerable for them.
• Users can ask at any time for their account to be deleted, by writing to the Publisher.

5. Plans and purchases

• The free account lets users try the tools and read the result in full. Taking a deliverable away (downloading it, exporting it, sending it to another tool) requires a purchase or a paid plan.
• The free account does not keep collected responses. Fifteen days after the account moves to the free account (end of the Discovery trial or end of a subscription), collected responses, photos included, are permanently deleted. Two e-mails give notice, one week after the move to the free account and two days before the deletion date. Until then, responses can be downloaded free of charge, and a subscription taken before that date cancels the deletion. Questionnaires, analyses and deliverables remain in place.
• The Starter, Pro and Premium plans include a number of deliverables each month and, each week, use of the assistant and the other AI features. Their exact content is the one shown on the pricing page at the time of subscription. Premium is offered on quotation.
• Deliverables included in a plan are valid for the current month and do not carry over. The week's usage resets every Monday.
• The week's usage is limited. Once it is used up, the AI features that depend on it are unavailable until the following Monday, unless the user has a usage bonus, which then takes over. Usage can be followed at any time in the profile, "Utilisation" (usage) tab. Moving to a larger plan resets the week's usage to zero.
• One-off purchases (a single deliverable, an extra mission, a usage bonus) remain acquired for as long as the account exists.
• Points, levels and free deliverables earned through challenges have no monetary value, cannot be exchanged and may change.
• The Discovery trial opens, free of charge, for fourteen days and once per account, the tools with complimentary missions, Mission Mode, KoboToolbox and Power mode. Every result can be read in full; retrieving a deliverable follows the free account rule, except for a trial activated during an offer that announces exports as included. At the end of the trial, the account automatically returns to the free account, with no charge and nothing to cancel.
• Trials and promotional offers follow the conditions announced at the time of the offer.

6. Prices and payment

• Prices are shown in euros on the pricing page. VAT not applicable, article 293 B of the French General Tax Code. The price due is the one shown at the time of the order.
• Payment is made by bank card (through Stripe), by bank transfer on quotation, or by mobile money (through pawaPay), depending on what the order offers. An invoice is issued for every payment.
• A price change for a subscription is announced at least thirty days before the renewal it concerns; users may cancel before that date.

7. Term and cancellation

• Subscriptions are monthly or annual. Paid by card, they renew automatically at the end of each period: Stripe charges the saved card. Paid by bank transfer or mobile money, they cover the period paid for, without automatic renewal. A one-off purchase is paid once.
• Users can cancel at any time, from their account or by writing to the Publisher. Cancellation takes effect at the end of the period already paid for; the current period is not refunded.
• If a payment fails, paid features are suspended until it is settled.
• At the end of a subscription, the account returns to the free account; what the user has already downloaded or exported remains theirs. Collected responses then follow the free account rule (article 5): they are deleted fifteen days later, after two e-mails.

8. Right of withdrawal

The service and the deliverables are provided immediately after the order, at the user's request. By ordering, a consumer user requests that performance begin without delay and waives their right of withdrawal, in accordance with article L221-28 of the French Consumer Code.

9. Your content and your data

• Users remain the owners of what they bring (documents, data, collected answers) and of the deliverables they have taken away. They grant the Publisher only the right to process them in order to provide the service.
• For the data they collect from third parties, including survey respondents, users are the data controller and the Publisher acts as processor. Users make sure they have the right to collect and process this data, and anonymise what needs to be anonymised.
• Users' data is not used to train AI models.
• The details of the processing, the subprocessors and users' rights are set out in the privacy policy.

10. Artificial intelligence

• Opti' produces content with the help of AI models. This content may contain errors: users review and validate it before using it, in particular before sharing it.
• The figures in analyses and reports are calculated on the user's data, not produced by a model. The method is public on myoptibot.com.
• AI processing is entrusted to providers: OpenAI for image generation, Mistral AI for everything else. The Premium plan gives access to OptIA, an AI run on dedicated infrastructure, without any third-party AI provider.

11. Availability and changes

The Publisher does its best to keep the service available and reliable, without being able to guarantee it at all times: interruptions may occur, in particular for maintenance. The service evolves: features may be added, changed or removed.

In case of a technical fault, bug or malfunction, users can contact the Publisher with the evidence that shows it (screenshots, description of the steps, file concerned). The Publisher will do its best to fix it, without any commitment as to result or timing, and without this giving rise to any compensation.

12. Liability

• The Publisher is bound by an obligation of means. It is not liable for indirect damage, nor for decisions made on the basis of the content produced.
• Towards a professional user, its liability is limited to the amounts paid by that user over the last twelve months.
• These limits do not apply where the law forbids them.

13. Intellectual property

Opti', its trademarks, its code and its content belong to the Publisher. Any reproduction or reuse without its written consent is prohibited. Deliverables taken away by the user belong to the user (article 9).

14. Ethical use and suspension

Opti' is designed for the humanitarian sector and respects its principles: humanity, neutrality, impartiality and independence. Users undertake not to use it:

• for unlawful, discriminatory or violent activities, or for the benefit of persons or entities subject to sanctions or to counter-terrorism financing measures;
• in a way that breaches protection from sexual exploitation and abuse (PSEA);
• to process data they have no right to use.

In case of abusive or fraudulent use, or use contrary to these terms, the Publisher may suspend or close the account, without refund.

15. Changes to these terms

The Publisher may change these terms. Users are informed by email or in the app before the changes take effect. Continuing to use Opti' afterwards means accepting them; users who refuse them may cancel their subscription and have their account deleted.

16. Governing law and disputes

• These terms are governed by French law.
• In case of a dispute, users first write to the Publisher to seek an amicable solution.
• Failing agreement, the courts of Toulouse have jurisdiction for professionals; consumers may refer the matter to the court provided for by law.