Terms of Use & General Terms and Conditions of Sale

Article 1 — Object and scope

The purpose of these Terms of Use (hereinafter “TOU”) is to define the conditions for accessing and using the LLM Monitor platform (hereinafter the “Service”), a SaaS service for managing brand visibility in large language models, accessible via the website https://www.llm-monitor.com and via the dashboard https://app.llm-monitor.com, operated by Market Connect SAS (hereinafter “Market Connect”).

Access to the Service implies full and unreserved acceptance of these TOU. Any use of the Service constitutes acceptance of the TOU in force.

The Service is exclusively intended for professionals (B2B). By creating an account, the User declares that they are acting within the scope of their professional activity.

Article 2 — Definitions

“Service”: the LLM Monitor platform, its features, APIs, and administration interfaces, accessible via https://www.llm-monitor.com and https://app.llm-monitor.com.

“Market Connect”: Market Connect SAS, a simplified joint-stock company, with its headquarters located at 82 rue Winston Churchill, Bâtiment Triptic, 59160 Lille Lomme, France.

“User” / “Customer”: any legal or natural person acting in a professional capacity who creates an account and accesses the Service.

“Account”: personal space created by the User allowing them to access the Service’s features.

“Analysis”: report generated by the Service measuring the visibility of a brand in the responses of the configured large language models.

“Plan”: the subscription formula chosen by the Customer, the details of which are set out in Appendix 1 hereto.

“LLM”: Large Language Model — generative artificial intelligence system (e.g., ChatGPT, Gemini, Claude, Mistral, etc.).

“Customer Data”: the data, brand names, keywords, and configurations transmitted by the Customer to the Service.

Article 3 — Access to the Service and account creation

3.1 Access conditions

Access to the Service is subject to the creation of an account. Registration is open to any legal or natural person acting within the framework of a professional activity. Market Connect reserves the right to refuse any registration without having to provide justification.

3.2 Account creation

Registration requires providing a valid professional email address and creating a secure password. The User is solely responsible for the confidentiality of their login credentials and for any activity carried out from their Account. They agree to immediately notify Market Connect of any unauthorized use at contact@llm-monitor.com.

3.3 Accuracy of information

The User agrees to provide accurate information and to keep it up to date. Market Connect reserves the right to suspend any account whose information proves to be inaccurate or fraudulent.

Article 4 — Free Access

Market Connect offers free access to the Service under the conditions and limits defined in Appendix 1 hereto (hereinafter “Free Access”).

Upon expiration of the free access period, the Account automatically switches to restricted consultation mode and access to the Service’s features is suspended. The Customer may, at any time before or after this expiration, subscribe to a paid plan to continue fully benefiting from the Service.

The User has a reasonable period from the suspension to export their data before its permanent deletion by Market Connect, in compliance with the GDPR.

Free access is limited to one (1) Account per entity (company, organization, or individual). Any attempt to circumvent this limit is cause for immediate termination.

Article 5 — Intellectual Property

5.1 Rights of Market Connect

The Service, its architecture, its algorithms, its source code, its graphic interfaces, its trademarks, logos, domain names, and all content produced by Market Connect are protected by intellectual property law. No license is granted to the User beyond the right of access and use strictly necessary for the performance of these TOU.

5.2 User’s rights over their data

The User retains full rights over the Customer Data they provide to the Service. They grant Market Connect a non-exclusive, time-limited license allowing the processing of this data solely for the purposes of providing the Service and improving the Service’s performance, in an aggregated and anonymized manner.

5.3 Analysis results

The reports and analyses generated by the Service are made available to the Customer for their internal needs. Any resale, transfer, or provision to third parties for commercial purposes without the prior written consent of Market Connect is strictly prohibited.

Article 6 — Acceptable Use

The User agrees to use the Service in accordance with these TOU, applicable laws and regulations, and the rights of third parties. The following are notably prohibited:

• any attempt to circumvent the technical or contractual limitations of the Service;
• unauthorized access to Market Connect’s systems, servers, or databases;
• the automated use of the Service (scraping, bots, automatic scripts) outside of officially provided APIs;
• the resale, sublicensing, or marketing of the Service to third parties without prior agreement;
• the use of the Service for illegal, fraudulent purposes or purposes that infringe on the rights of third parties;
• the publication or transmission via the Service of content that is illegal, defamatory, obscene, or contrary to public order.

Market Connect reserves the right to suspend or terminate any Account in the event of a proven or suspected violation, without notice or compensation.

Article 7 — Service Availability

Market Connect endeavors to ensure the availability of the Service 24/7, without being able to guarantee uninterrupted availability. Planned interruptions (maintenance, updates) may occur and will be notified to the User with reasonable notice.

Market Connect cannot be held responsible for interruptions related to factors beyond its control, notably network incidents or acts of malicious third parties.

Analysis results reflect the state of responses produced by third-party large language models at the time of each request. As these models are by nature evolutionary and probabilistic, results may vary from one analysis to another. Market Connect agrees to provide rigorous and reproducible measurements within the framework of its methodology.

Article 8 — Personal Data

The processing of personal data within the framework of the Service is governed by Market Connect’s Privacy Policy, available on the llm-monitor.com website and incorporated herein by reference.

Market Connect acts as:

• Data Controller for data relating to Users and account management;
• Data Processor within the meaning of the GDPR for any personal data that the Customer may entrust to it in the context of using the Service.

A Data Processing Agreement (DPA) is available upon request at contact@llm-monitor.com.

Article 9 — Limitation of Liability

9.1 Exclusions

Within the limits permitted by applicable law, Market Connect shall not be held liable for:

• variations in results produced by the analyzed third-party large language models;
• decisions made by the User based on the analyses produced by the Service;
• service interruptions related to third parties (host, network operators);
• indirect, immaterial losses, data loss, loss of turnover, damage to image, or loss of profit.

9.2 Liability Cap

The total liability of Market Connect under these TOU is in any event limited to the amount of sums actually paid by the Customer during the twelve (12) months preceding the event giving rise to the damage.

Article 10 — Modifications to the TOU

Market Connect reserves the right to modify these TOU at any time. Any substantial modification is notified to the Customer by email with a minimum notice of thirty (30) days before it takes effect.

Continued use of the Service after the expiration of this period constitutes acceptance of the new TOU. In case of refusal of the new TOU, the Customer may terminate their subscription under the conditions provided for in the GTC.

Article 11 — Applicable Law and Jurisdiction

These TOU are subject to French law. In the event of a dispute relating to their formation, interpretation, or execution, the parties will endeavor to find an amicable solution within thirty (30) days from the first notification.

Failing an amicable resolution, the parties agree to grant exclusive jurisdiction to the courts within the jurisdiction of the Douai Court of Appeal (Lille Judicial Court), notwithstanding plurality of defendants or third-party appeals.

Article 1 — Object

These General Terms and Conditions of Sale (hereinafter “GTC”) govern the sale of subscriptions to the LLM Monitor Service by Market Connect SAS to its professional customers (B2B).

Any subscription to a paid plan or activation of free access implies full and unreserved acceptance of these GTC, as well as the TOU of Part I.

Article 2 — Legal Information and Identification of the Seller

Company name: Market Connect SAS

Legal form: Simplified joint-stock company (SAS)

Share capital: €148,409.00

SIRET: 793 594 128 00027

RCS: RCS Lille 793 594 128

APE / NAF Code: 6201Z — Computer programming

Intra-community VAT No.: FR40793594128

Head office: 82 rue Winston Churchill, Bâtiment Triptic, 59160 Lille Lomme — France

Email: contact@llm-monitor.com

Publication Director: Guirec TIBERGHIEN

Article 3 — Offers and Pricing

The subscription plans offered by Market Connect, their rates, and their conditions of use are defined in Appendix 1 hereto, which forms an integral part thereof.

All prices are exclusive of tax (HT). The applicable VAT is that in force on the date of invoicing, at the legal rate in force in France.

Analyses not used during a month are not carryable over to the following period and do not entitle to any refund or credit.

Market Connect reserves the right to change its offers and prices according to the conditions provided for in Article 9.

Article 4 — Subscription

Subscription to a paid plan is made exclusively online via the interface of the LLM Monitor platform. It is definitively finalized after validation of payment.

The Customer receives a subscription confirmation by email at the address associated with their Account, accompanied by their invoice. The archiving of order forms and invoices is ensured by Market Connect for the applicable legal duration.

Subscription to the Service is reserved for adults acting in a capacity to bind their professional entity.

Article 5 — Payment

5.1 Payment terms

Payment is made by credit card (Visa, Mastercard, or equivalent) via the secure Stripe payment platform. Market Connect does not store or process any banking data; all payment data is managed directly by Stripe in accordance with PCI-DSS standards.

5.2 Monthly invoicing

For monthly subscriptions, invoicing is carried out on the day of subscription and automatically renews each month on the same calendar date (or the last day of the month in the case of a shorter month).

5.3 Annual invoicing

For annual subscriptions, the price conditions of which are specified at the time of subscription, invoicing is carried out for a duration of twelve (12) months and automatically renews at the annual term.

Annual rates are communicated and validated at the time of subscription.

5.4 Payment failure

In the event of a collection failure, Market Connect will make new attempts according to the schedule managed by Stripe. In the event of persistent failure after three (3) attempts, Market Connect reserves the right to suspend access to the Service pending payment regularization, after sending an alert email to the Customer.

Any amount not settled by its due date shall yield late interest calculated at the legal rate increased by five (5) points, and a fixed indemnity for recovery costs of €40 in accordance with Article L.441-10 of the Commercial Code.

Article 6 — Automatic Renewal

Paid subscriptions automatically renew at their term (monthly or annual), unless termination is notified by the Customer before the renewal date under the conditions of Article 7.

The Customer is informed of the next renewal by email at least ten (10) days before the due date for monthly subscriptions, and thirty (30) days before for annual subscriptions.

Article 7 — Termination

7.1 Termination at the Customer’s initiative

The Customer may terminate their subscription at any time from their management space (“Account Settings”) or by sending a request to contact@llm-monitor.com.

Termination takes effect at the end of the current billing period. The Customer retains access to the Service until that date. No pro-rata refund for the remaining period is granted (see Article 8).

For annual subscriptions, termination must be notified at least thirty (30) days before the annual renewal date to avoid invoicing for the next period.

7.2 Termination at Market Connect’s initiative

Market Connect may terminate a subscription by right, without notice or compensation, in case of:

• serious or repeated violation of the TOU or GTC by the Customer;
• unpaid amount not regularized within fifteen (15) calendar days following the formal notice sent by email;
• proven fraud or attempt to misuse the Service.

In the event of cessation of the Service for any other reason (company closure, commercial stop), Market Connect agrees to notify Customers with a minimum notice of sixty (60) days and to refund the amounts corresponding to the unconsumed period for annual subscriptions.

7.3 Effects of termination — Data

On the effective termination date, the Customer’s Account switches to restricted consultation mode. The Customer may send a data export request to contact@llm-monitor.com. Market Connect agrees to process this request as soon as possible, in accordance with the obligations arising from the GDPR.

Article 8 — Refund Policy

In accordance with the practices applicable to B2B SaaS contracts and the nature of the Service, no refund is granted for an ongoing subscription period, nor pro-rata temporis.

By exception, Market Connect may, at its sole discretion and without this constituting a precedent, grant a credit note or a partial refund in case of a proven and prolonged Service failure directly attributable to Market Connect.

Article 9 — Modification of Prices and Offers

Market Connect reserves the right to modify its prices, introduce new offers, or terminate existing offers.

Any price modification is communicated to the Customer by email with a minimum notice of thirty (30) days before it takes effect. Current subscriptions are not affected by a price modification before their next renewal.

In case of refusal of the new pricing, the Customer may terminate their subscription before the renewal date without penalty.

Article 10 — Service Commitments

Within the framework of paid subscriptions, Market Connect agrees to:

• provide access to the Service according to the limits and features of the subscribed Plan, as defined in Appendix 1;
• process Customer Data in accordance with the GDPR and the Privacy Policy;
• notify the Customer in case of a planned interruption or major incident as soon as possible;
• host the data within the European Union (Hetzner Online GmbH, Germany);
• implement appropriate technical and organizational security measures to protect the data.

Article 11 — Market Connect’s Liability

Market Connect’s liability can only be engaged for a direct and certain damage resulting from a proven failure to meet its contractual obligations.

In any event, Market Connect’s liability is capped at the amount of sums exclusive of tax actually received from the Customer during the twelve (12) months preceding the generating event.

Notably excluded from Market Connect’s warranty and liability are: variations inherent to the functioning of third-party large language models, indirect, immaterial or consequential losses (loss of customers, image, data, turnover), and damages resulting from improper use of the Service by the Customer.

Article 12 — Confidentiality

Each party agrees to keep confidential the information, technical, financial, or commercial data exchanged hereunder, and not to disclose them to third parties without the prior written consent of the other party, except for legal obligations.

This confidentiality obligation remains in effect for the duration of the contract and for a period of three (3) years after its term.

Article 13 — Force Majeure

Neither party can be held liable for a failure to meet its contractual obligations resulting from an event of force majeure within the meaning of Article 1218 of the Civil Code.

Notably constitute force majeure: natural disasters, pandemics, acts of war or terrorism, generalized failure of network infrastructure, large-scale national cyberattacks, unpredictable government decisions.

The party invoking force majeure must inform the other in writing as soon as possible. If the force majeure event lasts more than sixty (60) days, each party may terminate the contract without compensation, with a pro-rata refund for the unconsumed prepaid period.

Article 14 — Transfer of Contract

Market Connect may transfer the rights and obligations arising from these GTC to any successor or acquirer within the framework of a merger, acquisition, asset contribution, or business transfer, subject to informing the Customer within a reasonable period. The Customer may terminate their subscription without penalty if they refuse the transfer.

The Customer cannot transfer these GTC, nor the rights conferred upon them, without the prior written consent of Market Connect.

Article 15 — Severability

If any of the clauses of these GTC were declared null or inapplicable by a competent jurisdiction, the other clauses would remain in force. The parties agree to replace the invalid clause with a valid clause producing economic effects as close as possible.

Article 16 — Applicable Law and Jurisdiction

These GTC are subject to French law.

In the event of a dispute relating to the formation, interpretation, or execution of these GTC, the parties will endeavor to find an amicable solution within thirty (30) days from the first written notification.

Failing an amicable resolution, the parties agree to grant exclusive jurisdiction to the Lille Commercial Court, notwithstanding plurality of defendants or third-party appeals.

This Appendix forms an integral part of the TOU and GTC of LLM Monitor. It describes the available subscription plans, their rates, and their conditions on the effective date hereof. Market Connect reserves the right to update it under the conditions provided for in Article 9 of the GTC.

Offers, rates, and features

The Discovery plan (free) is available for a duration of ninety (90) calendar days from the date of account creation, after which access is suspended.

Analyses not used during the month are not carryable over to the following period.

For annual subscriptions, a price reduction may be applied compared to the monthly rate. Details are displayed and confirmed during online subscription.

All rates are exclusive of tax (HT). VAT in force at the legal rate applicable on the date of invoicing.

Market Connect SAS — contact@llm-monitor.com — https://www.llm-monitor.com