Legal notice, terms of sale and privacy

Terms of sale

1. Purpose and scope

These terms of sale (the "Terms") govern the provision of the Braand service, available at https://braand.ai, by Digitalia SLU to its customers. Braand measures how answer engines based on artificial intelligence (including ChatGPT and Google) cite a company and its competitors, and delivers reports together with recommendations.

The service is reserved for professionals acting in the course of their business. By subscribing, the customer declares that it is acting in a professional capacity. Consumer protection provisions, including the right of withdrawal, therefore do not apply.

Any subscription entails unreserved acceptance of the Terms in force on the date of the order.

2. Service provider

Digitalia SLU, a company governed by Andorran law, Avinguda Santa Coloma 36, AD500 Andorra la Vella, Andorra, NRT L-721277-J. Contact: hello@braand.ai.

Payments are collected through the Stripe platform by Respoweb EURL, a company governed by French law with a share capital of €25,000, 37 rue de Richebourg, 44000 Nantes, France, RCS Nantes 791 257 777, on behalf of Digitalia SLU, which remains the sole provider of the service.

3. Description of the services

Free audit. Upon request, Braand carries out a one-off, free audit of a website's visibility in AI answer engines, with a score, the competitors cited and recommendations. It is subject to confirmation by email and to usage limits.

Braand Pro and Braand Max subscriptions. The subscription entitles the customer to periodic tracking reports and to reports sent by email, according to the content, frequency, number of areas and number of questions described on the offer page on the date of subscription. The customer may customize its business activity and tracking areas within the limits of its plan.

Braand is a measurement and recommendation service. It does not include the implementation of the recommendations, the creation or modification of the customer's website, or any action with the publishers of the answer engines.

4. Ordering

Subscriptions are taken out online through the Stripe payment link corresponding to the chosen plan. The subscription becomes active upon confirmation of payment. The customer receives a welcome email allowing it to customize its tracking.

5. Prices and payment

Prices are stated exclusive of taxes and are payable in advance, for a period of one year. Applicable taxes are calculated at the time of payment according to the customer's country and status.

The "pioneer price" applies to the first 100 subscriptions taken out, across all plans, and at the latest until December 31, 2026. It is maintained at each renewal, as long as the subscription is renewed without interruption.

Digitalia SLU may change its prices. Any change applies from the next renewal, after the customer has been informed by email at least 30 days before the renewal date.

6. Term, renewal and termination

The subscription is entered into for one year and renews automatically for the same period, unless terminated.

The customer may terminate at any time, by email to hello@braand.ai or from the Stripe management portal when available. Termination takes effect at the end of the period already paid. The service continues to be provided until that date.

No refund, whether full or partial, is due for the current period, including in the event of early termination or non-use of the service.

Digitalia SLU may suspend or terminate the subscription in the event of a serious breach of the Terms by the customer, in particular in the event of fraudulent or abusive use, after a formal notice sent by email has remained without effect for 15 days, except in case of emergency.

7. Nature of the results and best-efforts obligation

The answers of AI answer engines vary depending on timing, wording, location and changes decided by their publishers. Tracking reports reflect the answers obtained at the time of measurement, according to Braand's method. They do not constitute an exhaustive or permanent measurement.

The recommendations provided are for guidance only. Digitalia SLU is bound by a best-efforts obligation. It does not guarantee any result, in particular regarding citation, recommendation or ranking by an answer engine, traffic, leads or revenue, whether or not the recommendations are applied.

8. Liability

Digitalia SLU may only be held liable in the event of proven fault. Its liability is limited to direct damages, up to the amount paid by the customer over the previous 12 months.

Digitalia SLU is not liable for indirect damages (loss of revenue, customers or data, damage to reputation), for decisions made by the customer on the basis of the reports, or for any unavailability of or changes to answer engines and third-party services.

9. Customer obligations

The customer provides accurate information and holds the necessary rights to the website and brand being tracked. The customer shall not use the service in breach of the law, attempt to circumvent usage limits or resell the service without written consent.

10. Intellectual property

The reports are intended for the customer's internal use, and the customer may share them with its service providers. The method, tools, texts and the Braand brand remain the property of Digitalia SLU.

11. Personal data

The processing of personal data related to the service is described in the privacy policy below.

12. Changes to the service and to the Terms

Digitalia SLU may change the service, in particular the engines covered, to take account of changes to third-party services, without substantially reducing the content of the subscribed plan. The Terms may be amended. The new version applies from the next renewal, after the customer has been informed by email.

13. Governing law and disputes

The Terms are governed by Andorran law. In the event of a dispute, the parties shall first seek an amicable solution. Failing that, the courts of Andorra la Vella shall have exclusive jurisdiction.

The French version of the Terms prevails in the event of any difference with a translation.

Privacy policy

1. Data controller

Digitalia SLU, Avinguda Santa Coloma 36, AD500 Andorra la Vella, Andorra. Contact for any question about your data: hello@braand.ai.

This policy applies to the braand.ai website, to the Braand service and to Braand's business prospecting. It is drawn up in accordance with Andorran Qualified Law 29/2021 on the protection of personal data and, where applicable, with the General Data Protection Regulation (GDPR).

2. Data processed

• Audit requests: email address, website domain, language, IP address and date of the request (for confirmation and abuse prevention)
• Subscribers: name, company, email address, billing data (payment is processed by Stripe; Braand never sees card data), business activity and tracking areas, reports produced
• Prospects: business email address, first name when available, company name, website, country, sector and city of business, as well as exchanges (replies, audit requests, objection requests). This data comes from public sources: the company's website and online business directories
• Website visitors: technical server logs; your language choice is stored in your browser

3. Purposes and legal bases

• Carrying out the requested audit and sending it to you: your request (pre-contractual measures)
• Providing the subscription, sending reports and managing the customer relationship: performance of the contract
• Invoicing and complying with our accounting obligations: legal obligation
• Prospecting professionals by email about their visibility in AI answer engines: legitimate interest of Digitalia SLU, for a message related to the recipient's business, with a simple way to object in every message
• Securing the service and preventing abuse: legitimate interest

4. Recipients and processors

Your data is never sold. It is accessible to Digitalia SLU and, to the extent necessary for their tasks, to the following service providers:

• o2switch (France): website hosting and sending of service emails
• Stripe: payment
• Respoweb EURL (France): collection of payments on behalf of Digitalia SLU
• Instantly and Google Workspace: sending of prospecting emails
• DataForSEO: querying of search and answer engines, public company data
• Anthropic: automated analysis of engine answers and drafting of reports

Some service providers are located outside the European Economic Area and Andorra, in particular in the United States. These transfers are subject to appropriate safeguards, such as the European Commission's standard contractual clauses or an adequacy mechanism.

5. Retention periods

• Prospects: 3 years after the last contact or interaction
• Objection to prospecting: the address is kept in a suppression list for as long as necessary to no longer contact you
• Audit requests without a subscription: 3 years after the request
• Subscribers: for the duration of the subscription, then 3 years; invoices and accounting records 10 years from the end of the financial year
• Technical logs: 12 months maximum

6. Your rights

You have the right of access, rectification, erasure, restriction, portability and objection, in particular to prospecting, at any time and without having to give a reason. To stop receiving our emails, reply "stop" to any of them or write to hello@braand.ai. To exercise your other rights, write to the same address. We respond within one month.

You may lodge a complaint with the Andorran Data Protection Agency (APDA) or with the data protection authority of your country, for example the CNIL in France.

7. Security

Data is hosted on secure servers, transmitted in encrypted form and accessible only to the people and service providers who need it. Links sent by email are signed and do not contain your email address.

8. Changes

This policy may change. The date of the last update appears at the top of the page.

Legal notice

Publisher of the braand.ai website: Digitalia SLU, a company governed by Andorran law, Avinguda Santa Coloma 36, AD500 Andorra la Vella, Andorra, NRT L-721277-J. Contact: hello@braand.ai.

Publication director: Virginie Gravier.

Hosting provider: o2switch, SAS with a share capital of €100,000, Chemin des Pardiaux, 63000 Clermont-Ferrand, France, RCS Clermont-Ferrand, SIRET 510 909 807 00032.

Payments: collected through Stripe by Respoweb EURL, 37 rue de Richebourg, 44000 Nantes, France, RCS Nantes 791 257 777, on behalf of Digitalia SLU.

Intellectual property: the texts, the Braand brand, the logo and the method are the property of Digitalia SLU. Any reproduction without authorization is prohibited.

Personal data: see the privacy policy above.