Legal Center
Terms of Sale
Last updated 21/05/2026
1. Identification of EAGR
EAGR (“EAGR”) is a French simplified joint-stock company (SAS) registered with the Nanterre Trade and Companies Register under no. 938 024 841, with its registered office at 3 Rue Donatello, 92400 Courbevoie, France.
Contact email: support@eagr.ai — Data Protection Officer: dpo@eagr.ai
2. Services offered
EAGR offers its clients (the “Clients”) AI-powered sales coaching services, accessible through the platform available at https://eagr.ai/fr (the “Platform”) and the Live Coach software application (the “Application”). The Platform and the Application are together referred to as the “Solution” for the purposes hereof. The purpose of the Solution is to enable sales teams to improve their performance through AI assistance before, during and after their sales calls (the “Services”).
3. Information about the General Terms
Purpose of the General Terms
The General Terms are the sole document governing the contractual relationship between EAGR and the Client and define:
the terms of use of its Services,
the respective obligations of the parties.
Location of the General Terms
The Client can find them via a direct link at the bottom of the Platform and in the dedicated tab of the Application.
How the General Terms are accepted
The Client accepts the General Terms by ticking a box in the registration form. If the Client does not accept the General Terms in full, it cannot access the Services.
They may be supplemented by special conditions which, in the event of contradiction, prevail over the General Terms.
4. Conditions of access to the Services
The Client is a legal entity acting through a natural person holding the power or authorization required to contract in the Client’s name and on its behalf.
The Client is a professional, meaning any person acting for purposes within the scope of its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
5. Access to and subscription to the Services
In order to benefit from the Services, the Client must have internet access and a computer compatible with the Solution. Use of the Application also requires downloading and installing it on the Client’s computer running macOS 11 (Big Sur) or later.
The Client can access the Services:
by going directly to the Platform,
by downloading the Application that EAGR makes available to the Client and that it must integrate into its computer system. The link to access the Application is provided on the Platform.
To subscribe to the Services, the Client must complete the form provided for that purpose on the Platform and provide EAGR with all information marked as mandatory.
Registration automatically opens an account in the Client’s name (the “Account”) allowing it to access the Services using its login and password.
Once the Client’s Account has been created, it may freely create access for users (the “Users”) up to the number provided for in the subscribed Services.
The Client is solely responsible for creating access for Users, configuring their access rights and their personal use of the Platform.
6. Description of the Services
6.1 The Services
Before any subscription, the Client acknowledges that it can review the characteristics of the Services and their constraints, in particular technical ones, on the https://eagr.ai/fr website (the “Site”).
The Client acknowledges that using the Services requires an internet connection and that the quality of the Services depends on that connection, for which EAGR is not responsible.
EAGR provides the Client with an AI-powered sales coaching platform to support sales representatives before, during and after their sales calls. The Solution relies on a sales playbook (the “Playbook”), which formalizes the Client’s own sales techniques, questioning methods and performance criteria.
a. Pre-call coaching
The pre-call coaching module lets the User practice before sales calls by interacting with a synthetic persona (the “Persona”), built and configured by EAGR. The simulation is based on a call script defined by the Client and reproduces a realistic sales conversation scenario.
The User can thus practice objection handling, discovery techniques and structuring their sales pitch in a safe environment with no risk to the Client.
b. Live Coach – Real-time assistance via the Application
The Live Coach module is an Application installed locally on the User’s computer. During a sales call, the application captures the call’s audio stream (locally, on the User’s machine) and analyzes it in real time to offer contextualized suggestions to the User, without the other party being aware of it.
The Client can configure the content of the suggestions based on its Playbook to adapt them to its specific sales techniques. It can thus steer the Live Coach’s recommendations toward the type of questions to ask, buying signals to detect, or responses to recurring objections.
When the Live Coach module is downloaded and activated, the User is informed by a notice that audio output data from the call is processed locally for analysis purposes.
c. Post-call analysis and feedback
The post-call module generates an analysis report of the sales call based on the Client’s Playbook. This report identifies the User’s strengths and areas for improvement for each call.
The post-call analysis can be fed in three ways at the Client’s choice:
Integration with a third-party recording tool: EAGR connects to the Client’s recording or transcription tool and analyzes the call transcript. The list of third-party recording tools compatible with the Services is available on the Site.
Call made via the Platform: the call is made directly from the Platform, which handles recording and transcription.
Transfer via the Application: data captured locally by the Application (Live Coach module) is used for the post-call analysis.
The data, settings and interactions generated by a User to use the Solution are strictly confidential. EAGR implements all reasonable technical and organizational measures to ensure strict data segregation between Client Accounts, so that no learning or reuse of data is carried out from one Client Account to another.
6.2 Additional services
a. Maintenance
During the term of the Services, the Client benefits from maintenance, in particular corrective and evolutive. In this context, access to the Solution may be limited or suspended.
Regarding corrective maintenance, EAGR uses its best efforts to correct any malfunction or anomaly identified on the Solution.
The Client also benefits, during the term of the Services, from evolutive maintenance, which EAGR may carry out automatically and without prior notice, and which includes improvements to the Solution’s features, the addition of new features and/or technical installations used within the Solution (introducing minor or major extensions).
Access to the Solution may also be limited or suspended for scheduled maintenance, which may include the corrective and evolutive maintenance operations mentioned above.
b. Hosting
EAGR provides, under an obligation of means, hosting of the Solution as well as the data produced and/or entered on the Solution, through a professional hosting provider whose main infrastructure is located within the European Union. Certain additional processing, in particular relating to generative artificial intelligence, may be carried out outside the European Union under the conditions described in the article *“Transfer of personal data outside the European Union”*.
The detailed list of the sub-processors concerned and their location appears in Appendix 1.
c. Technical support
If the Client encounters a difficulty while using the Services, it can contact EAGR at the following address: support@eagr.ai
The technical support service is available Monday to Friday, excluding public holidays, from 9 a.m. to 6 p.m. Depending on the identified need, EAGR will estimate the response time and keep the Client informed.
7. Term of subscription to the Services
The Client subscribes to the Services in the form of a subscription (the “Subscription”).
The Subscription begins on the day of subscription for an initial period indicated on the Platform.
It renews by tacit agreement, for successive periods of the same duration as the initial period (together with the initial period, the “Periods”), from date to date, unless the Subscription is terminated under the conditions of the article *“End of the Services”*.
Access to the Application may be provided free of charge for a period of 14 days as part of the free trial. At the end of this 14-day period, access to the Application will be automatically cut off, unless a Subscription is taken out.
8. EAGR’s financial terms
8.1 Price of the Services
The prices of the Services subscribed to by the Client are indicated on the Platform.
Any Period started is due in full.
EAGR is free to offer promotional offers or price reductions.
EAGR’s prices may be revised at any time under the conditions of the article *“Amendment of the General Terms”*.
8.2 Billing and payment terms
EAGR sends the Client one invoice per Period by any useful means.
Payment is made:
by direct debit upon subscription to the Subscription, then at each renewal,
by bank card through the secure online payment service specified on EAGR’s Platform.
The Client warrants to EAGR that it holds the necessary authorizations to use these payment methods.
8.3 Consequences of late or non-payment
In the event of default or late payment, EAGR reserves the right, from the day after the due date shown on the invoice, to:
immediately suspend the ongoing Services until full payment of the amounts due,
charge for its benefit late-payment interest equal to three times the legal interest rate, based on the amounts unpaid on the due date, and a fixed indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed that amount,
where applicable, declare all amounts owed by the Client immediately due and payable.
9. Intellectual property rights
These General Terms do not affect the pre-existing intellectual property rights of each of the parties.
The Solution is the property of EAGR, as are the software, infrastructure, databases and content of any kind (text, images, visuals, music, logos, trademarks, synthetic Personas, etc.) that it operates. They are protected by all intellectual property rights in force. The license EAGR grants the Client does not entail any transfer of ownership.
The Client, and the Users, benefit from a SaaS license, non-exclusive and non-transferable, to use the Solution for the term provided in the article *“Term of subscription to the Services”*.
EAGR also grants the Client a worldwide, non-exclusive and free license to use the reports, analyses and feedback generated by the Solution (the “Outputs”), for its internal needs and for the legal term of protection of the work.
The Playbook remains the property of the Client. The Client grants EAGR, for the term hereof, the right to use the data from the Playbook as well as the content generated during use of the Services, for research, development and training of its artificial intelligence models. EAGR undertakes that this use is carried out exclusively after irreversible processing of the data, guaranteeing that no confidential information or trade secret of the Client can be identified or reconstructed.
10. Commercial references
The parties may use their respective names, trademarks and logos and refer to their respective platforms, as commercial references, during the term of their contractual relationship and for 3 years thereafter. Each party may withdraw its consent at any time by written notice. A reasonable period, not exceeding 30 days, will be observed for the removal of already-published materials.
11. Client’s obligations and liability
Without prejudice to the other obligations set out herein, the Client undertakes to comply with, and to ensure that the Users comply with, the following obligations.
11.1 Providing information
The Client undertakes to provide EAGR with all information necessary for subscribing to and using the Services.
11.2 Regarding the Client’s Account
The Client:
warrants that the information provided to EAGR when creating its Account is accurate and undertakes to keep it up to date,
is responsible for maintaining the confidentiality and security of its login and password. Any access to the Solution using them is deemed to be made by the Client.
The Client must immediately contact EAGR if it finds that its Account has been used without its knowledge. It acknowledges that EAGR will be entitled to take all appropriate measures in such a case.
The Client is solely responsible for creating access for Users and configuring their access rights.
11.3 Regarding artificial intelligence features
The Solution provided by EAGR is an artificial intelligence system within the meaning of Regulation (EU) 2024/1689 (the “AI Act”).
The Client is informed that the responses provided as part of the Solution are generated by an AI system. Although designed to be accurate and useful, these responses:
are produced in an automated way by an advanced language model,
may contain occasional errors or inaccuracies,
reflect the model’s knowledge up to its last update,
may evolve or be refined over time as the system improves.
It is up to the Client and the Users to exercise judgment in interpreting and using this information generated by the AI system.
The Client is strictly prohibited from using, modifying, configuring or combining the Solution with other tools or data in a way that results, or is likely to result, in the Solution being reclassified as a “high-risk” AI system within the meaning of Annex III of the AI Act or as a “prohibited” practice within the meaning of Article 5 of the AI Act. In particular, using the Solution for the purpose of evaluating, recruiting, selecting or managing natural persons in a professional context is expressly prohibited. Any non-compliant use engages the Client’s sole liability and may lead to immediate termination of the contract by EAGR in accordance with the article *“Sanctions for breach”*.
In the specific case of using the Live Coach module: the Client acknowledges that the Live Coach module captures the audio stream of the sales call locally and enables automated analysis by artificial intelligence. It is up to the Client and the User, in compliance with applicable legal obligations — in particular Article 50 of the AI Act on transparency obligations toward persons interacting with an AI system, Articles 13 and 14 of the GDPR on informing data subjects, and the rules specific to the other party’s jurisdiction regarding recording and automated analysis of a conversation — to inform their counterpart before the call is analyzed.
The Client indemnifies EAGR against any third-party claim resulting from a breach of this information obligation.
The Client acknowledges that the Solution relies on advanced language models and generative AI algorithms which, by nature:
may produce inaccurate, incomplete, biased or inconsistent results (so-called “hallucinations”);
may reflect statistical biases present in the training data of the underlying models;
do not have exhaustive or real-time knowledge of the Client’s environment;
are not able to independently verify the truthfulness or relevance of the results they generate;
may be subject to biases likely to affect the results generated by the AI system.
Accordingly, EAGR will not be liable for biases introduced (i) by the content provided by the Client or (ii) by the Users’ interactions with the Solution.
EAGR uses its best efforts, under an obligation of means, to:
identify and mitigate significant biases inherent in the operation of the AI system, in particular by carrying out regular tests and integrating quality-assessment mechanisms for the results;
update the models used to improve the reliability and relevance of the results over time.
The Client undertakes to report to EAGR, as soon as possible, any significant bias or manifestly aberrant result identified while using the Solution, so that EAGR can analyze and, where appropriate, correct the malfunction.
11.4 Regarding use of the Services
The Client is responsible for its use of the Services and for any information it shares in that context. It is also responsible for the use of the Services and any information shared by the Users, who are subject to the same obligations as the Client in their use of the Services. The Client undertakes that the Services are used exclusively by it and/or the Users.
The Client refrains from diverting the Services from the purposes for which they were designed, and in particular from:
carrying out an illegal or fraudulent activity,
undermining public order and morality,
harming third parties or their rights, in any way whatsoever,
violating a contractual, legislative or regulatory provision,
helping or inciting a third party to commit one or more of the acts or activities listed above.
The Client also refrains from:
copying, modifying or misappropriating any element belonging to EAGR or any concept it operates as part of the Services,
adopting any behavior likely to interfere with or divert EAGR’s computer systems or to undermine its IT security measures,
harming EAGR’s financial, commercial or moral rights and interests,
marketing, transferring or giving access in any way to the Services, the information hosted on the Solution or any element belonging to EAGR.
The Client is responsible for the content of any kind that it disseminates as part of the Services.
The Client accepts that content disseminated on the Solution is made public by default and may be seen by other Users of the Solution.
The Client and the Users refrain from any use of the Solution (this list is not exhaustive):
undermining public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist content),
infringing third-party rights (infringing content, breach of personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
harmful to third parties in any way whatsoever,
misleading, deceptive or offering or promoting illegal, fraudulent or deceptive activities,
harmful to third parties’ computer systems.
The Client indemnifies EAGR against any claim and/or action that may be brought against it as a result of the breach of one of the Client’s obligations. The Client will indemnify EAGR for the loss suffered and reimburse it for all amounts it may have to bear as a result.
In particular, the Client warrants against any misuse, non-compliant or unlawful use that the Users may make of the Solution, in particular against breaches of applicable laws and regulations. The Client is thus solely responsible for putting in place all procedures intended to prevent or remedy the commission of such acts.
12. EAGR’s obligations and liability
Without prejudice to the other obligations set out in the General Terms, EAGR undertakes to comply with the following obligations.
12.1 Quality of the Services
EAGR uses its best efforts to provide the Client with quality Services. EAGR undertakes to provide the Services diligently and to comply with applicable regulations, it being specified that it is bound by an obligation of means.
To this end, it regularly performs checks to verify the operation and accessibility of its Services and may carry out maintenance under the conditions specified in the article *“Maintenance”*.
However, EAGR is not responsible for temporary difficulties or impossibilities in accessing its Services that would originate from:
circumstances external to its network (in particular the partial or total failure of the Client’s servers),
the failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
the interruption of the Services due to telecom operators or internet service providers,
the Client’s intervention, in particular through a misconfiguration applied to the Services,
a force majeure event.
Furthermore, it does not warrant that the Services:
being subject to constant research to improve in particular their performance and progress, will be entirely free of errors, defects or flaws,
being standard and in no way offered based on the Client’s personal constraints, will specifically meet its needs and expectations.
EAGR also undertakes to comply with the transparency obligations in force under the AI Act, in particular by ensuring that Users are informed that they are interacting with an automated system and that exportable content bears a visible and machine-readable marking.
EAGR cannot be held responsible for the Client’s failure to meet this transparency obligation toward third parties.
12.2 Regarding the Outputs
The Client acknowledges that the results, reports, analyses, visuals and any content generated by the Solution (together, the “Outputs”) are provided to the Client for purely indicative and informational purposes. They are decision-support tools and in no way replace human analysis, judgment and decision-making.
The Client acknowledges that it is up to it, and to the Users, to verify, validate and contextualize the Outputs before any use, publication or decision based on them.
EAGR expressly disclaims any liability for decisions made by the Client or the Users based on the Outputs, as well as for any direct or indirect damage resulting from reliance on the Outputs without prior human verification.
The Client warrants and indemnifies EAGR against any third-party claim based on the use, distribution or publication of Outputs, including where such Outputs contain inaccurate, biased or incomplete information.
12.3 Regarding the service-level guarantee
EAGR offers no service-level guarantee for the Solution.
However, EAGR uses its best efforts to maintain access to the Solution 24/7 except in the event of scheduled maintenance under the conditions defined in the article *“Maintenance”* or force majeure.
12.4 Regarding data backup on the Solution
EAGR uses its best efforts to back up all data produced and/or entered by/on the Solution.
Except in the event of proven fault on its part, EAGR is nonetheless not responsible for any data loss during maintenance operations.
12.5 Regarding data storage and security
EAGR provides storage capacity sufficient for operating the Services.
EAGR uses its best efforts to ensure data security by implementing measures to protect the infrastructure and the Solution, to detect and prevent malicious acts and to recover data.
12.6 Regarding subcontracting and assignment
EAGR may use sub-processors to perform the Services under the conditions specified in the article *“Processing of personal data”*, which are subject to the same obligations as its own in the context of their involvement. It nonetheless remains solely responsible for the proper performance of the Services toward the Client.
The Client acknowledges and already accepts that EAGR may use the sub-processors listed in Appendix 1.
EAGR may also substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Client. In such a case, it will inform the Client of this substitution by any written means.
13. Limitation of EAGR’s liability
EAGR’s liability is limited to the direct, proven damage that the Client suffers as a result of using the Services.
With the exception of personal injury, death and gross negligence, and subject to having submitted a claim by registered letter with acknowledgment of receipt within one month of the occurrence of the damage, EAGR’s liability may not be engaged for an amount greater than the amounts it received during the 12 months preceding the event giving rise to liability, or the duration of provision of its Services if shorter.
14. Admissible means of proof
Proof may be established by any means.
The Client is informed that the messages exchanged through the Solution as well as the data collected on the Solution and EAGR’s IT equipment constitute one of the admissible means of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
15. Processing of personal data
15.1 General provisions
The parties undertake, each as far as it is concerned, to comply with all legal and regulatory obligations incumbent on them regarding the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version known as the French Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) (together the “Applicable Regulation”).
For the purposes of managing the contractual relationship between the parties, each party processes the personal data of its contacts at the other party as a data controller within the meaning of the Applicable Regulation, for the term of these General Terms. This processing is necessary for the proper performance of these General Terms and concerns only identification data (in particular first name, last name, email address, phone number) of the contacts. This data is kept for the period strictly necessary to manage the contractual relationships between the parties.
The parties’ staff, their control services (in particular statutory auditors) and their sub-processors may have access to the personal data collected.
This processing may give rise to the exercise by the parties’ contacts of their rights under the Applicable Regulation.
15.2 Processing by EAGR as a processor
As part of the Services, EAGR processes personal data in the name and on behalf of the Client as a processor, while the Client acts as a data controller within the meaning of the Applicable Regulation. The characteristics of the processing are described in Appendix 1 hereto.
a. Data processing
EAGR undertakes to process personal data only for the purposes listed in Appendix 1 and in accordance with the Client’s documented instructions, including regarding transfers of data outside the European Union. EAGR undertakes to inform the Client by email if, in its view, an instruction constitutes a breach of the Applicable Regulation. EAGR reserves the right to suspend processing until the Client amends the instruction in question so that it no longer breaches the Applicable Regulation, without engaging its contractual liability for that suspension. This suspension does not give rise to any refund of the price of the Services for the suspension period. If the Client does not amend but maintains the instruction in question, EAGR reserves the right to terminate the General Terms without notice and free of charge.
In addition, if EAGR is required to transfer data to a third country or an international organization under the law applicable to these General Terms, it must inform the Client of this legal obligation before processing, unless the relevant law prohibits such information on important grounds of public interest.
b. Data security and confidentiality
EAGR undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, its backup and the restoration of its availability in the event of a physical or technical incident. EAGR also ensures that persons authorized to process personal data are bound by an obligation to preserve its confidentiality.
c. Other sub-processors
EAGR is authorized to use the sub-processors (the “Subsequent Processor(s)”) listed in Appendix 1 to these General Terms to carry out specific processing activities. In the event of a change to the list of authorized Subsequent Processors, EAGR will inform the Client in advance and in writing. This information must clearly indicate the subcontracted processing activities, the identity and contact details of the Subsequent Processor. The Client has 15 days from receipt of this information to raise legitimate and reasoned objections. Failing notification of objections after this period, the Client will be deemed to have accepted the use of the Subsequent Processor. In the event of persistent objections from the Client, the parties will meet in good faith and use their best efforts to discuss a resolution. EAGR may choose to (i) not use the Subsequent Processor or (ii) take the corrective measures requested by the Client as part of the objections raised and use the Subsequent Processor. If neither option is reasonably possible, and if EAGR cannot, for legitimate reasons, use another sub-processor for the intended processing, either party may terminate these General Terms with 30 days’ notice.
The Subsequent Processor is required to comply with the obligations herein on behalf of and according to the Client’s instructions. It is up to EAGR to ensure that the Subsequent Processor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulation. If the Subsequent Processor does not fulfill its data protection obligations, EAGR remains fully liable to the Client for the Subsequent Processor’s performance of its obligations.
d. Transfer of personal data outside the European Union
EAGR is authorized to transfer the personal data processed under these General Terms to countries located outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the GDPR, in particular the Standard Contractual Clauses adopted by the European Commission or the subsequent processor’s adherence to the EU-US Data Privacy Framework.
e. Assistance and provision of information
EAGR undertakes to:
assist the Client and respond as soon as possible to any request for information addressed to it by the Client, whether as part of an impact assessment or a request made by the data protection authorities or the Client’s data protection officer;
as far as possible, assist the Client in fulfilling its obligation to respond to requests from data subjects seeking to exercise their rights under the Applicable Regulation. Where requests are addressed directly to EAGR, EAGR must forward these requests to the Client as soon as possible by email to the address provided by the Client;
notify the Client as soon as possible after becoming aware of any personal data breach relating to the processing covered by these General Terms and provide it with all useful information and documentation relating to that breach.
f. Fate of the data
EAGR undertakes, at the Client’s choice, to delete the personal data upon expiry of the contract or to return it to the Client and to keep no copy of it, unless the Applicable Regulation requires it. The Client has one month from the end of the contract to exercise its choice. After this period, EAGR will delete all personal data.
g. Documentation
EAGR makes available to the Client, at its request, all information and documents necessary to demonstrate compliance with its obligations and to allow audits to be carried out. The Client thus has the option of carrying out audits once a year and at its own expense to verify EAGR’s compliance with the obligations provided for in this article. The Client will inform EAGR of the audit with a minimum notice of 2 weeks. The identity of the auditor must be accepted by mutual agreement between the parties. EAGR reserves the right, in particular, to refuse the identity of the auditor selected if it belongs to a competing company. The audit must be carried out during EAGR’s working hours and in a way that disrupts its business as little as possible. The audit may thus not undermine in any way (i) the technical and organizational security measures deployed by EAGR, (ii) the security and confidentiality of the data of EAGR’s other clients, and (iii) the proper functioning and organization of EAGR’s production. As far as possible, the parties will agree in advance on the scope of the audit. The audit report will be sent to EAGR to allow it to make any comments or remarks in writing, which will be appended to the final version of the audit report. Each audit report will be considered confidential information.
h. Reuse of data by EAGR
The Client hereby authorizes EAGR to process the personal data collected as part of the services (in particular connection and identification data) for the purpose of improving EAGR’s services, and in particular producing statistics on how the Solution is used by Users. EAGR will act in this context as a data controller within the meaning of the Applicable Regulation and undertakes to comply with the legal provisions on data protection for the aforementioned processing.
15.3 Client’s obligations toward EAGR
The Client undertakes to:
provide EAGR with the personal data referred to in Appendix 1, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any “special” data within the meaning of the Applicable Regulation, unless the processing justifies it, it being the Client’s responsibility to establish such justifications and to take all appropriate measures, in particular prior information, collection of consent and security, for such special data;
collect, under its responsibility, in a lawful, fair and transparent manner, the personal data provided to EAGR for the performance of its Services, and in particular ensure the legal basis for this collection and the information due to data subjects;
keep a record of processing activities and more generally comply with the principles arising from the Applicable Regulation;
ensure, beforehand and throughout the processing period, compliance with the obligations provided for by the Applicable Regulation.
16. Confidentiality
For the understanding of this article, the term “Confidential Information” means any information of a commercial, technical, financial, strategic, operational or other nature, in any form whatsoever (oral, written, electronic), disclosed by one party to the other under these General Terms, whether or not identified as confidential, provided that it is reasonably perceived as confidential in light of the circumstances of its communication.
During the term hereof and for a period of 4 years after its termination (except for information covered by trade secrecy, which must remain confidential as long as it constitutes trade secrets, and any other legal confidentiality obligations), each party (the “Receiving Party”) that receives Confidential Information from the other party (the “Disclosing Party”) undertakes not to use it, other than for the provision or receipt of the Services, nor to disclose it to anyone, except to the officers, employees, contractors or representatives of the Receiving Party who need to know it for the purposes hereof and who are subject to confidentiality obligations equivalent to those provided in this article (the “Representatives”). The Receiving Party undertakes to apply the same level of protection to the Confidential Information disclosed to it as it applies to its own Confidential Information, at a minimum the Receiving Party undertakes to exercise reasonable diligence. Each party is responsible for any breach of these confidentiality and non-use obligations by its Representatives. Notwithstanding the foregoing, each party may disclose the terms and conditions of these General Terms as part of due diligence accompanying a proposed merger, acquisition, financing or securities transaction, provided that the parties receiving such Confidential Information are subject to confidentiality obligations at least as strict as those provided in this article. At the request of the Disclosing Party, the Receiving Party returns or destroys, certifying the destruction in writing to the Disclosing Party, the Confidential Information entrusted to it by the Disclosing Party and in its possession or under its control.
The confidentiality and non-use obligation does not apply to information (i) that is or becomes publicly known independently of any fault or involvement in its disclosure by the Receiving Party or its Representatives; (ii) that is already held or known by the Receiving Party before being disclosed to it by the Disclosing Party or that is disclosed to the Receiving Party by a third party to the Disclosing Party and its Representatives without an associated confidentiality or non-use obligation; (iii) whose disclosure is required by a judicial, administrative, arbitral or governmental decision or by law; in this case and unless legally prohibited, the Receiving Party informs the other Party of this disclosure request before complying with it and undertakes to comply with any protective order or other limitation on disclosure obtained by the Disclosing Party; or (iv) that is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information.
Any use or disclosure of the Disclosing Party’s Confidential Information in a manner inconsistent with the provisions of these General Terms may cause the Disclosing Party irreparable harm for which the only possible remedy would be to obtain an injunction. The parties agree that the Disclosing Party may seek and obtain an injunction to prevent the breach of the confidentiality obligation, this not limiting the possibility for the Disclosing Party to seek damages.
17. Force majeure
EAGR cannot be held responsible for failures or delays in performing its contractual obligations due to a force majeure event occurring during the term of its relationship with the Client, as defined in Article 1218 of the French Civil Code.
If EAGR is prevented from performing its obligations due to a force majeure event, it must inform the Client by registered letter with acknowledgment of receipt. The obligations are suspended upon receipt of the letter and must resume within a reasonable time once the force majeure event ends.
EAGR nonetheless remains bound to perform the obligations not affected by a force majeure event.
18. End of the Services
The Subscription must be terminated no later than:
2 days before the end of the current Subscription Period if the Subscription is monthly;
1 week before the end of the current Subscription Period if the Subscription is quarterly;
2 weeks before the end of the current Subscription Period if the Subscription is half-yearly;
1 month before the end of the current Subscription Period if the Subscription is annual.
Termination may be made by:
the Client, by sending EAGR a request to the contact details mentioned in the article *“Identification of EAGR”* or through its Account,
EAGR, by sending an email to the Client.
Any Period started is due in full.
The end of the Services results in the deletion of the Client’s Account.
19. Sanctions for breach
The following constitute essential obligations toward the Client (the “Essential Obligations”):
payment of the price,
not providing erroneous or incomplete information to EAGR,
not using or modifying the Solution for purposes that may lead to its reclassification as a “high-risk” system within the meaning of Annex III of the AI Act,
observing the usual rules of politeness and courtesy in dealings with EAGR,
not using the Services for a third party,
not carrying out illegal or fraudulent activities or activities harming the rights or security of third parties, undermining public order or violating applicable laws and regulations.
In the event of a breach of one of these Essential Obligations, EAGR may:
suspend or delete the Client’s access to the Services,
publish on the Solution any information message that EAGR deems useful,
notify any competent authority, cooperate with it and provide it with all useful information for investigating and suppressing illegal or unlawful activities,
bring any legal action.
These sanctions are without prejudice to any damages that EAGR may claim from the Client.
In the event of a breach of any obligation other than an Essential Obligation, EAGR will ask the Client by any useful written means to remedy the breach within a maximum of 15 calendar days. The Services will end at the end of this period if the breach is not remedied.
20. Amendment of the General Terms
EAGR may amend the General Terms at any time and will inform the Client by any written means (in particular by email) at least 30 calendar days before they take effect.
The amended General Terms apply upon renewal of the Client’s Subscription.
If the Client does not accept these amendments, it must terminate its Subscription according to the terms provided in the article *“End of the Services”*.
If the Client uses the Services after the amended General Terms take effect, EAGR considers that the Client has accepted the new terms.
21. Switching provider
21.1 Principle
In accordance with European Regulation 2023/2854 of the European Parliament and of the Council of 13 December 2023 known as the “*Data Act*”, the Client has the right to switch data processing service providers, to migrate its exportable data to an on-premises ICT infrastructure or, where applicable, to use several data processing service providers simultaneously (together the “Switching Provider”).
EAGR undertakes to facilitate this process and to contribute to the Client’s exit strategy regarding the Services, including by providing all relevant information, under the conditions defined in this article.
For its part, the Client undertakes to cooperate actively and in good faith with EAGR to make the switching process effective. It undertakes, where applicable, to impose a similar cooperation obligation on its new provider.
21.2 Implementation
Notice: the Client must inform EAGR of its wish to implement the Switching Provider process by registered letter with acknowledgment of receipt, with 2 months’ notice. It must specify which of the Switching Provider methods it wishes to implement (use of another provider / move to an on-premises ICT infrastructure / simultaneous use of several providers) and provide EAGR, in support of its request, with any useful supporting document, to attest that it is indeed a Switching Provider within the meaning of the Data Act and not an early termination for convenience.
Transition period: at the expiry of the 2-month notice period provided above, EAGR will have a transition period of 30 calendar days to transmit to the Client the exportable data provided in the article *“Exportable data”*, in a standard, machine-readable format. By way of exception to the foregoing, if it is technically impossible to complete the transmission of the data within this 30-day period, EAGR will inform the Client within 14 business days of its request to implement the Switching Provider process. EAGR must justify the technical impossibility and indicate another transition period, which may not exceed 7 months. The Client has the right to extend the transition period once, for the duration it deems most appropriate for its own purposes.
During the transition period, EAGR undertakes to:
continue providing the services under the General Terms,
provide reasonable assistance to the Client and, where applicable, to the new provider designated by it, to ensure the smooth running of the Switching Provider process,
provide the Client, where applicable, with clear information on the known risks to the continuity of provision of EAGR’s services,
maintain a high level of security throughout the Switching Provider process, in particular regarding the security of data during its transfer and during the recovery period.
Recovery period: at the end of the transition period provided above, the Client will still have 30 calendar days to recover its exportable data.
Data erasure: at the end of the recovery period, EAGR will erase the exportable data, with the exception of data that EAGR would need to keep pursuant to legal obligations or to prove the proper performance of its obligations toward the Client.
Termination of the Services: in the event of use of a third-party provider or a move to an on-premises ICT infrastructure requiring transmission of the exportable data, the Services will be deemed terminated when the Switching Provider process is successfully completed. In the event of a move to an on-premises ICT infrastructure requiring only erasure of the data, the Services will be deemed terminated following that erasure. EAGR will notify the Client of this termination by any useful written means.
21.3 Exportable data
The categories of exportable data are as follows:
the audio and video recordings of the simulation sessions (roleplays) carried out by the Users;
the audio and video recordings of the real sales calls imported into the Solution by the Client;
a CSV file summarizing all scores, ratings and assessments assigned across all calls and simulations.
21.4 Penalties for early termination
If the Switching Provider process leads to early termination of the contractual relationship relative to the term of these General Terms, the Client will owe the following penalties as of right:
Reimbursement of benefits received, including without limitation: the return of all discounts granted, where applicable, in consideration of its duration commitment; payment of the development price of all features that would have been developed specifically for the Client, without being invoiced to it; subscription to additional insurance at the Client’s request.
Termination indemnity: the Client further acknowledges that, in the event that provision of the Services required setup, configuration and mobilization of specific expertise costs by EAGR, in the event of early termination, the Client will owe a fixed termination indemnity equal to the costs actually incurred by EAGR.
22. Language
The French language prevails in the event of contradiction or dispute over the meaning of a term or provision.
23. Governing law and jurisdiction
The General Terms are governed by French law.
In the event of a dispute between the Client and EAGR, and failing an amicable agreement within 2 months of the first notification, it will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless mandatory provisions provide otherwise.
Appendix 1 — Processing of personal data
1. Description of the processing carried out by EAGR on behalf of the Client
Purposes of the processing: provision of the Solution and the Services.
Nature of the processing operations: collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, alignment or interconnection, restriction, erasure or destruction.
Type of personal data processed: identification data, connection data, data relating to simulations (audio, transcription and assessments of simulations), navigation data, data relating to professional life.
Categories of data subjects: Users.
Duration of the processing: term of the General Terms.
2. List of authorized subsequent processors
Neon Inc.
Processing: managed PostgreSQL database, storage and processing of application data.
Location: HQ in the United States. Data hosted in France (CDG1). Transfers governed by SCCs and the Data Privacy Framework.
Certification / approvals: SOC 2 Type 1 & 2, SOC 3, ISO 27001, ISO 27701.
Vercel Inc.
Processing: hosting and deployment of the web application.
Location: HQ in the United States. Data hosted in France (CDG1). Transfers governed by SCCs.
Certification / approvals: SOC 2 Type 2.
Scaleway SAS
Processing: object storage (files, audio/video recordings), application hosting.
Location: France (Paris). European provider, not subject to the Cloud Act.
Certification / approvals: HDS (health data hosting).
Google LLC (Gemini API)
Processing: processing by AI models, analysis and generation of conversational content.
Location: HQ in the United States. EU data residency (europe-west). Transfers governed by SCCs and the Cloud DPA.
Certification / approvals: ISO 27001, SOC 2, SOC 3.
ElevenLabs Inc.
Processing: text-to-speech for conversational simulations.
Location: HQ in the United States. EU data residency. Zero Retention Mode enabled.
Certification / approvals: SOC 2, HIPAA.
OpenAI LLC
Processing: processing by AI models, analysis and generation of conversational content.
Location: HQ in the United States. Transfers governed by SCCs and the OpenAI DPA. EU data residency.
Certification / approvals: SOC 2 Type 2, CSA STAR Level 1.
Anthropic PBC
Processing: processing by AI models, analysis and generation of conversational content.
Location: HQ in the United States. Transfers governed by SCCs and the Anthropic DPA.
Certification / approvals: SOC 2 Type 2, ISO 27001.
OpenRouter Inc.
Processing: multi-model AI router, forwarding requests to third-party LLM providers.
Location: HQ in the United States. Transfers governed by SCCs and adherence to the EU-US Data Privacy Framework.
Certification / approvals: DPF, API mode (no training).
Soniox Inc.
Processing: speech recognition and real-time audio transcription.
Location: HQ in the United States. Transfers governed by SCCs.
Certification / approvals: DPF, real-time processing without retention.
*Note: when the Client activates an integration with a third-party call recording or transcription tool (in particular Aircall, Ringover, OnOff Business, Modjo, Claap, Fathom, Leexi, etc.), the sub-processor corresponding to that integration is automatically added to this list for the duration of the integration. The Client is solely responsible for the direct contractual relationship it has with that sub-processor.*
