Usedge
Legal

Terms of use

1. Purpose

These Terms of Use (hereinafter the “Terms of Use,” “TOU,” or the “Terms”) have the purpose of defining the conditions for using the website usedge.com (hereinafter the “Site”) and the application (hereinafter the “Platform”) presenting the services sold by Usedge (hereinafter the “Services”), a simplified joint-stock company with a capital of €94,545, whose registered office is located at 129 rue Servient, 69003 Lyon, France, registered with the Lyon Trade and Companies Register under number 898 564 810, VAT FR34898564810 (hereinafter “Usedge” or “we,” “our,” etc.) with respect to clients (hereinafter the “Client”) or users invited by the Client (hereinafter “User(s)”).

The Platform provides digital tools intended for companies allowing, in particular:

  • the creation of questionnaires,
  • survey distribution,
  • automated analysis by artificial intelligence,
  • audio transcription,
  • report generation,
  • the storage and management of research data.

Any use of the Platform implies acceptance without reservation of these Terms of Use.

2. Definitions

The definitions and rules of interpretation in this article apply to these Terms of Use.

Acceptable Use Policy (AUP): the acceptable use policy provided by Usedge or by the Client, regarding the conditions of use of the Service, image rights, as well as rights relating to feedback, content, and information provided by External Users. A standard policy is provided by Usedge as part of the Service and may be adapted by the Client.

Authorised Users: employees, representatives, and independent contractors of the Client, authorized by the Client to use the Service. Authorised Users are either Editors or Viewers.

Confidential Information: any information of a confidential or proprietary nature, clearly identified as such or whose confidential nature can reasonably be inferred from the circumstances of its communication.

Customer Data: all data entered by the Client, Authorised Users, External Users, or by Usedge on behalf of the Client, in the course of using the Service, as well as all data generated by the Client and its Authorised Users in connection with the use of the Service.

Editor(s): Authorised User(s) allowed to create and manage Projects. Each Editor must have a dedicated User Subscription.

External User(s): any person invited by the Client on the Usedge Platform to participate in Study Sessions. External Users provide feedback, opinions, data, or information according to the nature of the relevant Study Session and associated Project.

Initial Subscription Term: initial period of one (1) month or twelve (12) months, as specified in the Client’s order.

Insights: analyses, results, conclusions, and learnings related to the user experience, generated at the end of Study Sessions.

Normal Business Hours: from 9:00 a.m. to 5:00 p.m. (Central European Time), Monday to Friday, excluding public holidays in France.

Plan: pricing tier selected by the Client (e.g., Starter, Startup, Professional), describing the features, quotas, and Service access conditions, as specified on the Usedge Platform at the date of the order and accessible in the Client account.

Project: any study, analysis, or customer experience improvement project managed via the Service.

Service: the Usedge SaaS software platform, accessible notably via www.usedge.com, allowing management of user study projects, session organization, data collection, analysis, transcription, and report generation.

Subscription Fees: amounts owed by the Client to Usedge in consideration of the use of the Service, according to the chosen Plan, including User Subscriptions, additional subscriptions, and External User access rights.

Usedge: Usedge, simplified joint-stock company, with a capital of €94 545, whose registered office is located at 129 rue Servient, 69003 Lyon, registered with the Lyon Trade and Companies Register under number 898 564 810, intra-community VAT number FR34 898564810.

User Subscription(s): subscriptions taken by the Client allowing Authorised Users to access the Service within the limits provided by the subscribed Plan.

Viewer(s): Authorised User(s) allowed only to view Projects. The number of Viewers is unlimited.

Study Session(s): specific user testing, evaluation, or research sessions conducted within the scope of a Project.

In case of translation of these Terms into another language, the French version prevails and is the only legally binding version.

3. Acceptance of the terms of use

Access to and use of the Site and the Platform implies full, complete, and unconditional acceptance of these Terms of Use.

Thus, every Client and User must imperatively read and understand the Terms of Use, which are accessible and viewable on the homepage of the Site and on the Platform.

Clients accept these Terms of Use when subscribing to a User Subscription and are informed of the collection and processing of their data.

External Users, Viewers, and Authorised Users accept these Terms of Use before accessing the Platform and are informed of the collection and processing of their data.

The Terms of Use may be updated. The applicable version is the one in force on the date of use of the Service and Platform.

In case of translation of these Terms into another language, the French version prevails.

4. Access to the service

4.1 Access Conditions

The Platform is exclusively reserved for professional use (B2B).

The Client declares that they:

  • Act within the scope of their professional activity,
  • Have the legal authority and capacity to contract,
  • Guarantee the accuracy of the information provided.

Within the scope of the Client’s use of the Platform, consumer Users or natural persons may be invited to studies, user tests, interviews, or research sessions by the Client, who has no direct contractual relationship with Usedge.

Minor Users may be invited by the Client to participate in tests or questionnaires. In this case, the Client undertakes to:

  • Verify that the minor’s participation is authorized under applicable law;
  • Obtain prior authorization from the legal representative when required, notably for minors under 15 years of age;
  • Provide legal representatives with information relating to the processing of personal data.

Usedge does not verify the age of Users and declines all liability in the event of a minor’s participation without appropriate authorization. However, Usedge reserves the right to suspend or delete any study clearly contrary to applicable law.

The User acknowledges having:

  • Compatible equipment,
  • A stable internet connection,
  • A recent and updated browser,
  • A secure IT environment.

Usedge cannot be held responsible for malfunctions attributable to the equipment, networks, or configurations of Users.

4.2 Account Creation

Access to the Platform requires creating a user account via the registration form.
The Client undertakes to provide accurate, complete, and up-to-date information.

Credentials are strictly personal and confidential.

The Client is solely responsible for:

  • Their safekeeping,
  • Their use,
  • Any actions performed via their account.

Any fraudulent use must be reported to Usedge without delay.

4.3 User Subscription

Usedge grants the Client, for the duration of the Subscription, a personal, non-exclusive, non-transferable, and non-assignable right to authorize its Authorised Users, within the limits of the subscribed Plan, the acquired User Subscriptions, and the number of authorized External Users, to access and use the Service for internal professional purposes only.

The Client may, at any time during the contractual term:

  • Modify their Plan,
  • Acquire additional User Subscriptions, and/or
  • Acquire additional rights allowing access to additional External Users.

In such a case, Usedge will grant the corresponding access under the conditions provided for in the relevant Plan.

4.4 Limitations

Regarding usage limitations, the following rules apply:

a) User Subscriptions are assigned nominatively to Editors. In case of deactivation of an Editor, their subscription may be reassigned to another Editor;
b) The number of Viewers is unlimited, regardless of the Plan;
c) Projects, Study Sessions, and Insights are counted within the limits provided by the Plan. Any deletion of a Project, Study Session, or Insight results in a corresponding decrease in the used quota;
d) The number of authorized External Users depends on the subscribed Plan and any options purchased. Each invitation sent to an External User consumes one corresponding right.

Regarding Authorised Users, the Client undertakes that:
(a) The maximum number of Authorised Users accessing the Service will never exceed the number of User Subscriptions purchased;
(b) Each User Subscription is strictly personal and may not be used by multiple persons, except in the case of a complete reassignment;
(c) Each Authorised User maintains the confidentiality of their credentials and uses a secure password.

Regarding External Users, the Client guarantees that their number will not exceed the authorized quota.

4.5 Prohibitions

The Client, as well as its Authorised Users and External Users, may not use the Service to host, store, transmit, or disseminate content that is:

  • Illegal, defamatory, threatening, obscene, discriminatory, violent, hateful, or fraudulent;
  • Contrary to public order or morality;
  • Infringing the rights of third parties.

Usedge reserves the right to immediately suspend access to any illegal content without liability.

The Client is specifically prohibited from:

  • Copying, modifying, duplicating, adapting, reproducing, or distributing all or part of the Service;
  • Attempting any reverse engineering;
  • Developing a competing product;
  • Providing the Service to third parties;
  • Commercializing or sublicensing the Service.

The Client must implement all reasonable measures to prevent any unauthorized access to the Service and immediately inform Usedge of any suspicious intrusion.

5. Service description

Usedge provides a SaaS platform allowing, in particular:

  • The creation of questionnaires;
  • The distribution of surveys;
  • Data collection;
  • Algorithmic analysis assisted by artificial intelligence;
  • Audio and video transcription;
  • Automatic generation of reports and Insights.

The Services may evolve at any time.

The Services provided by Usedge do not constitute in any case:

  • Legal advice;
  • Tax advice;
  • Financial advice;
  • Strategic advice;
  • An audit;
  • Scientific expertise;
  • An organizational or marketing diagnosis.

Results generated by algorithms, AI tools, analyses, transcriptions, and reports must be interpreted carefully and verified by the Client.

The Client remains solely responsible for decisions made based on the results provided by the Platform.

6. Service availability

Usedge undertakes, for the entire duration of the Subscription, to provide the Client with access to the Service, in accordance with these Terms of Use.

Usedge implements all commercially reasonable means to ensure the Service is accessible twenty-four (24) hours a day, seven (7) days a week, subject to:

  • Planned maintenance, for which the Client will be informed whenever possible;
  • Unplanned urgent maintenance made necessary by urgent circumstances, notably for security reasons, vulnerability fixes, or Service stability.

Usedge provides, at no additional cost, a customer support service accessible via an instant messaging tool during Normal Business Hours.

Technical support is accessible via email at: [email protected]

7. Artificial intelligence features

The Platform integrates features based on artificial intelligence technologies, allowing in particular the analysis of data, audio or video transcription, automatic report generation, and the production of Insights from information collected during Study Sessions or questionnaires.

These features may allow, in particular, the automatic generation of summaries, extracts, or analyses based on responses or information collected via the Platform.

Content generated by these tools is provided for informational purposes and may contain approximations, errors, or omissions. They do not constitute an exhaustive analysis or advice and must be interpreted with discernment by Users and Clients.

Content generated by these technologies is produced automatically. It is provided for informational purposes and may contain approximations, errors, biases, or omissions. It does not constitute exhaustive analysis or professional advice.

The Client and Users acknowledge that results generated by AI features must be subject to critical analysis, verification, and, where applicable, human validation before any use or decision-making.

The Client remains solely responsible for:

  • Studies, tests, and questionnaires they create or distribute via the Platform;
  • Data collected from Users;
  • Interpretation, validation, and use of results generated by the Service.

Users are responsible for content, responses, and information they transmit via the Platform.

AI features must not be used for illegal, misleading, discriminatory purposes, or contrary to applicable regulations.

Usedge acts solely as a provider of the technical Platform and cannot be held liable for:

  • Content provided by Clients or Users;
  • Decisions, actions, or omissions based on analyses, transcriptions, reports, or Insights generated by AI tools.

Usedge does not guarantee the accuracy, completeness, reliability, or relevance of content generated by these technologies.

Unless otherwise indicated, data processed via the Platform is not used to train or improve external AI models.

The Client and Users commit to using AI features in compliance with applicable regulations, notably those relating to artificial intelligence and personal data protection.

8. Obligations

8.1 Usedge’s Obligations

Usedge undertakes to provide the Service with all diligence, competence, and professionalism required in accordance with industry practices.

In case of non-conformity of the Service, Usedge undertakes, at its expense, to make any reasonable correction or propose an alternative solution. This correction constitutes the sole and exclusive remedy of the Client.

Usedge does not guarantee:

  • Total absence of errors;
  • Absolute continuity of the Service;
  • Perfect suitability of the Service to the specific needs of the Client.

Usedge warrants that it holds all rights, licenses, authorizations, and approvals necessary to execute this Contract.

8.2 Client Obligations

The Client undertakes to:
a. Provide all reasonably required cooperation and accurate information;
b. Comply with all applicable laws and regulations;
c. Ensure that Authorised Users respect the Terms of Use, privacy policy, and acceptable use policy;
d. Ensure the compatibility of its systems with the Service’s technical requirements;
e. Bear sole responsibility for its network and telecom infrastructure;
f. Not introduce viruses, malware, or any other device likely to damage the Platform or IT systems;
g. Not attempt unauthorized access to the Platform’s or Site’s systems, accounts, or data;
h. Not transmit via the Platform content that is illegal, defamatory, offensive, discriminatory, infringing third-party rights, or containing personal data of third parties without proper authorization or legal basis.

The Client remains solely responsible for the regulatory compliance of the use they make of the Service.

Usedge shall not be held liable for any non-compliant use of the Service by the Client.

8.3 User Obligations

Users undertake to use the Platform fairly and in compliance with applicable laws and regulations.

Users specifically undertake to:

  • Provide accurate information and not impersonate any third party;
  • Not use the Platform for fraudulent, illegal, or public-order-contrary purposes;
  • Not infringe the rights of Usedge, the Client, or third parties;
  • Not introduce viruses, malware, or any device likely to damage the Platform or IT systems;
  • Not attempt unauthorized access to the Platform’s or Site’s systems, accounts, or data.

Users undertake not to transmit via the Platform content that is:

  • Illegal, defamatory, offensive, or discriminatory;
  • Infringing third-party rights;
  • Containing personal data of third parties without proper authorization or legal basis.

9. Responsibilities

9.1 Usedge Liability

Usedge is subject to an obligation of means.

Liability may only be incurred in case of proven fault and is strictly limited to direct damages.

Usedge cannot be held liable in cases of:

  • Client or User violation of applicable laws and regulations;
  • Misuse of the Site or Platform;
  • Force majeure or unforeseeable and insurmountable acts of a third party;
  • Indirect damages, including but not limited to, loss of profits, revenue, clients, data, turnover, commercial damage, or reputational harm;
  • Incorrect transmission or reception of any data or information over the Internet;
  • External intrusions or presence of computer viruses;
  • Any other Internet network malfunction preventing the proper operation of the Platform or Site.

The total cumulative liability of Usedge is expressly limited to the total amount excluding taxes paid by the Client over the twelve (12) months preceding the event causing the damage.

Usedge disclaims all liability regarding the content of third-party sites accessible via hyperlinks.

9.2 Client Liability

A User account is required to benefit from our services.

The Client is responsible for the confidentiality of their account and password, access restrictions to their computer and other equipment, within the limits authorized by applicable law.

The Client must take all necessary precautions to ensure the security of their account and immediately inform Usedge of any fraudulent use.

The Client is responsible for the validity and completeness of the information provided and must inform Usedge of any changes regarding this information.

The Client indemnifies Usedge against any claim, action, judgment, damage, loss, cost, or expense (including legal fees) resulting from:

  • Violation of the Terms of Use;
  • Illegal use of the Service;
  • Breach of legal obligations;
  • Content of Customer Data.

The Client remains solely responsible for:

  • The content of questionnaires, studies, or tests conducted via the Platform;
  • Selection and invitation of Users;
  • Behavior and content transmitted by these Users via the Platform;
  • Legal compliance of these studies;
  • Information provided to Users;
  • Compliance with applicable regulations, particularly concerning personal data protection.

The Client remains responsible for the acts and omissions of Users they invite, as well as their own acts.

Usedge provides only a technological tool enabling the conduct of these studies and does not intervene in the selection of Users invited by the Client nor in the content of studies conducted by the Client.

9.3 User Liability

Users are solely responsible for content, responses, information, and files they transmit via the Platform.

Users are responsible for their use of the Platform and the consequences that may result from such use.

Users undertake to comply with these Terms of Use and acknowledge that any non-compliant use of the Platform may result in suspension or deletion of their access.

10. Duration – suspension

10.1 Duration

These Terms of Use come into effect upon acceptance by the User or Client and remain applicable for the entire duration of use of the Site or Platform.

They remain applicable until cessation of the use of the Services by the User or Client or account termination for any reason.

10.2 Suspension

Usedge reserves the right to suspend, restrict, or temporarily limit access to the Site, Platform, or any part of the Service, with or without notice, in cases of:

  • Violation of these Terms or applicable regulations;
  • Failure to comply with the normal use and operating conditions of the Platform and the Site;
  • Non-payment of amounts due;
  • Fraudulent or abusive use of the Service;
  • Risk to the security of the Service, Site, Platform, or data;
  • Technical, preventive, or corrective maintenance operations;
  • Occurrence of a force majeure event.

Usedge shall not be held liable for the potential consequences of such suspension.

No compensation may be claimed on this basis.

Usedge also reserves the right to terminate any account in case of serious or repeated violation of these Terms.

11. Personal data and cookies

11.1 Personal Data

In the execution of the Contract, Usedge processes personal data on behalf of the Client. The Parties acknowledge that:

  • The Client acts as the data controller under Regulation (EU) 2016/679 (GDPR);
  • Usedge acts as a processor for processing carried out within the Service.

Outside processing on behalf of the Client, Usedge acts as an independent data controller, notably for commercial management, billing, support, security, marketing, and Site and Platform management.

During Platform use by the Client, some personal data may be collected from consumer Users or individuals invited to studies, user tests, interviews, or research sessions, who have no direct contractual relationship with Usedge.

In this context:

  • The Client using the Platform acts as the data controller under GDPR;
  • Usedge acts solely as processor under Article 28 GDPR;
  • The Client determines processing purposes, data categories, and applicable legal bases.

The Client undertakes to:

  • Inform Users about their personal data processing;
  • Have a valid legal basis for collection and processing (notably consent where required);
  • Comply with all applicable personal data protection regulations.

The Client undertakes not to collect or process special categories of data under Article 9 GDPR, unless:

  • Collection is strictly necessary for the study;
  • An appropriate legal basis is identified;
  • Explicit consent of the concerned individuals is obtained.

The Client assumes full responsibility for such data collection.

Usedge commits to:
a. Process data only according to documented Client instructions, including transfers outside the EU, respecting GDPR safeguards;
b. Ensure confidentiality and security of authorized personnel;
c. Implement technical and organizational measures to protect data;
d. Assist the Client in managing rights of data subjects, security obligations, breach notification, and impact assessments;
e. Return or delete personal data at contract end, unless legally required;
f. Ensure compliance of its sub-processors and notify any change with a fourteen (14) day notice.

Processing concerns exclusively the provision of the SaaS Service, hosting, analysis, transcription, and Insight generation.

Data categories include:

  • Identification and professional contact details of Client, Authorised Users, and External Users;
  • Content, responses, feedback, and generated Insights;
  • Video, audio, and screen recordings from Study Sessions.

Data subjects include the Client, Authorised Users, and External Users.

In case of a security breach affecting Customer Data, Usedge commits to:

  1. Notify the Client within 72 hours of detection;
  2. Provide all necessary information to assess impact and identify corrective measures;
  3. Cooperate with the Client regarding notification obligations to authorities or data subjects under GDPR.

This procedure does not relieve the Client of responsibility for data collected or transferred via the Platform.

For more details on collection, usage, rights of data subjects, and EU transfers, consult the privacy policy here.

11.2 Cookies

For more information on the use of Cookies on the Site and Platform, please consult our Cookie Policy here.

12. Intellectual property

12.1 Usedge Rights

The Service, including:

  • Software, interfaces, algorithms, AI models, databases;
  • Documentation;
  • Trademarks, logos, and design elements;

is protected by intellectual property rights and remains Usedge’s exclusive property.

Any reproduction, extraction, reuse, or linking is strictly prohibited without written authorization.

Analyses, reports, transcriptions, and results are provided for internal use only.

Usedge retains all rights to its models, algorithms, processes, and underlying technologies.

No provision transfers ownership rights.

12.2 License Granted to Client

Usedge grants the Client a license that is:

  • non-exclusive;
  • non-transferable;
  • non-assignable;
  • strictly personal;
  • for use of the Service during the Contract term and solely for internal professional needs.

12.3 Restrictions

The Client is strictly prohibited, without prior written authorization, from:

  • reproducing, modifying, adapting, translating, extracting, or reusing all or part of the Service;
  • performing any reverse engineering, decompilation, or disassembly;
  • creating derivative works;
  • commercializing, renting, transferring, or sublicensing the Service;
  • during the term of the Contract and for a period of two years after its termination, to use the information, knowledge, or access acquired via the Platform to develop, directly or indirectly, a service or software that reproduces all or part of the essential features of the Platform, within the European Union. Essential features are understood to be the key elements of the Service, including, for example, the collection, analysis, and automatic generation of reports and insights via the artificial intelligence tools provided by the Platform.

12.4 Customer Data

The Client retains all rights to Customer Data and guarantees it has all necessary rights, remaining solely responsible for its legality, accuracy, integrity, reliability, and quality.

12.5 Service Improvement

The Client authorizes Usedge to use anonymized and aggregated usage data to improve the Service, algorithms, and AI models, without direct or indirect identification.

13. Modification of the terms

Usedge reserves the right to modify or update the Terms at any time. Users will be notified by email.

Certain provisions may also be replaced by legal notices or terms on specific pages. Users are responsible for regularly reviewing these Terms.

Unless express acceptance is required, continued use of the Site constitutes acceptance of updated Terms.

14. Confidentiality

Each Party undertakes to keep strictly confidential all information exchanged.

In the context of using the Platform, the Client and its Users may have access to information, content, prototypes, interfaces, products, or documents belonging to Usedge that are of a confidential nature.

The Client and the Users agree to keep such information strictly confidential and not to disclose, reproduce, distribute, or exploit it for purposes other than participation in studies, tests, or questionnaires conducted via the Platform.

15. Severability of the terms

These Terms of Use constitute an indivisible contractual agreement.

If any provision of the Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain fully applicable.

16. Non-waiver

Usedge’s failure to invoke a breach by a Client or a User of any provision of these Terms of Use shall not be interpreted as tolerance or waiver, and does not prevent Usedge from invoking such breach in the future.

17. Disputes

These Terms of Use are governed by French law.

Any dispute shall fall under the exclusive jurisdiction of the courts of the district where the registered office of Usedge is located, unless otherwise required by mandatory law.

These Terms of Use were issued on [date of publication].

Questions about this document?

Write to us at [email protected]