Terms of Use
1. Company identification
Yoshu (the " Company " or " Yoshu ") is a Société par actions simplifiée (simplified joint stock company), registered with the RCS of Pontoise, under the number 935013581, whose registered office is located at 1 RUE ERNESTINE, 95100 ARGENTEUIL FRANCE.
Yoshu can be contacted at the following address:
- e-mail address: jb@yoshu.ai
2. Services offered
Yoshu publishes a solution (the " Platform ") for its corporate customers (the " Customers ") aimed at creating software used for professional or personal purposes installed on remote servers. (the " Services ").
3. Contractual documents
The contractual relationship between the Customer and Yoshu is governed, in descending hierarchical order, by the following documents:
The quotation (the " Quotation "):
- This is drawn up on the basis of the Customer's requirements.
- The Customer must accept it in writing (including by e-mail) within 30 days of its issue. This acceptance implies acceptance of the General Terms and Co- nditions in their version in force at the date of the Quotation.
- In the event of contradiction, the Quotation takes precedence over the General Conditions.
- In the event of contradiction, the most recent Quotation takes precedence over the oldest one(s).
The general terms and conditions (the " General Terms and Conditions"): these define :
- The terms of use of the Services,
- The respective obligations of the parties.
They are accessible via a direct link at the bottom of the Platform page.
4. Conditions of access to the Services
(i) The Customer is a legal entity acting through a natural person with the requisite power or authority to contract in the Customer's name and on its behalf.
(ii) The Customer is a professional, defined as any individual or legal entity acting for purposes relating to its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
5. How to access and subscribe to Services
To subscribe to the Services, the Customer must complete the contact form provided on the Platform. They must provide the Company with all information marked as mandatory.
Once the Customer's information is sent to Yoshu, Yoshu will begin discussions regarding next steps with the Customer.
The Customer is solely responsible for their personal use of the Platform.
6. Description of Services
6.1. The Services
The Customer acknowledges that the implementation of the Services may require connection to the Internet and that the quality of the Services depends on this connection, for which Yoshu is not responsible.
The Services to which the Customer has subscribed are described in the Quotation. Yoshu offers in particular:
- The creation of customized AI systems based on data supplied by the customer.
- Access to training with an expert.
- Protection of your data when using Yoshu to create the service.
- On-site visit(s) to improve the implementation of the service.
The Company reserves the right to offer any other Service.
Any request to modify the Services subscribed to must be the subject of an additional Quotation.
6.2. Additional services
6.2.1 Maintenance
For the duration of the Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.
Yoshu will use its best efforts to provide the Customer with corrective maintenance in order to correct any malfunctions or bugs found on the Platform.
For the duration of the Services, the Customer benefits from evolutionary maintenance, which Yoshu may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).
Updates are made for the duration of the present contract.
The Customer must agree to install the necessary updates to ensure that the Services remain compliant, i.e. that the Services can continue to be used in accordance with what has been agreed between the parties and what the Customer expected when subscribing.
Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the corrective and evolutionary maintenance operations referred to above.
6.2.2 Hosting
Yoshu provides, under the terms of an obligation of means, hosting of the Platform, as well as data produced and/or entered by/on the Platform, via a professional hosting provider, and on servers located in a territory of the European Union.
6.2.3 Technical assistance
In the event of any difficulty encountered when using the Services, the Customer may contact Yoshu at the following address: jb@yoshu.ai.
The technical support service is available Monday to Friday, excluding public holidays, from 9am to 6pm. Depending on the identified need, Yoshu will estimate the response time and keep the Customer informed.
7. Service subscription period
At the end of the trial period, or if the Customer wishes to take advantage of Yoshu's services, an individual contract will be drawn up through negotiations with the Customer.
The contract begins on the date indicated for an initial period specified on the Quotation.
At the end of the contract period, the contract may be renewed or renegotiated according to the conditions described in the initial contract. If the customer does not wish to continue the services, this will be done under the conditions of the "Termination of Services" article.
8. Yoshu's financial conditions
8.1. Prices of Services
The prices of the Services to which the Customer has subscribed are indicated on the Quotation.
Any Period started is due in full.
Yoshu's prices may be revised at any time under the conditions set out in the article "Modification of the General Conditions".
8.2. Yoshu’s invoicing and payment terms
Yoshu will send the Customer a detailed invoice for each Contract Period by any appropriate means.
Payment terms, including deadlines, accepted payment methods and any special conditions, may be specified in the Quotation drawn up between the parties.
The Customer guarantees to Yoshu that it has all necessary and valid authorizations to use the chosen payment method, and commits to maintaining these authorizations throughout the entire duration of the contract.
8.3. Consequences of late or non-payment
In the event of late or non-payment, Yoshu reserves the right, from the day after the due date shown on the invoice, to :
- immediately suspend current Services until full payment has been received,
- charge late payment interest equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount,
- where applicable, declare all sums owed by the Customer to be forfeited and immediately payable.
9. Intellectual property rights
9.1. Intellectual property rights to the Platform
The Platform is the property of Yoshu, as are the software, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all applicable intellectual property rights or database producers' rights. The license granted by Yoshu to the Customer does not entail any transfer of ownership.
The Customer and Users benefit from a non-exclusive and non-transferable SaaS mode license to use the Platform for the duration specified in the article " Duration of subscription to the Services ".
9.2. Intellectual property rights in Deliverables
Yoshu hereby assigns to the Customer any economic copyright it may hold in any deliverables provided as part of the Services, including files, reports and other documents related to the service (the " Deliverables ").
This assignment does not, however, cover the tools and methods developed and used by the Company, or more generally any element used in the performance of the Services, or the logos and trademarks affixed to the Deliverables.
This transfer will take place automatically, as and when the Deliverables are delivered. Yoshu hereby refrains from exploiting the Deliverables itself or granting any right whatsoever over them to a third party. It is granted for the entire legal duration of copyright protection, for the entire world and for all forms of exploitation known or unknown to date, foreseeable or unforeseeable.
The rights thus assigned include:
a) the right to reproduce and the right to fix the Deliverables, in whole or in part, in any format, on any medium, and by any tangible or intangible process, whether such media or processes be existing or future, foreseeable or unforeseeable;
b) the right to manufacture, use or edit the Deliverables, in whole or in part;
c) the right to adapt, translate, modify, arrange, transform and correct the Deliverables, including but not limited to retouching, changing the format or colors of the Deliverables, subject to respect for the author's moral rights, where applicable.
It is reminded that the present contract does not imply any obligation on the part of the Customer to exploit the Deliverables, the Customer remaining entirely free to exploit them or not.
10. Commercial references
The parties may use their respective names, brands and logos, and refer to their respective platforms, as commercial references, for the duration of their contractual relationship and thereafter.
11. Customer's obligations and liability
11.1. Concerning the provision of information
The Customer undertakes to provide Yoshu with all the information required to subscribe to and use the Services.
The Customer acknowledges that it is crucial to respect the deadlines communicated by Yoshu in the context of the Services, which requires compliance with a certain schedule. The Customer therefore undertakes to comply with any deadlines imposed by the Service Provider.
Any delay attributable to the Customer in communicating these elements may:
- Postpone any Service completion schedule agreed between the Parties;
- Make it impossible for the Service Provider to complete the service, in which case the Customer will remain liable for the sums specified in the Quotation and will not be entitled to claim reimbursement of any deposit or sum already paid.
Finally, the Customer acknowledges that Yoshu performs the Services on the basis of the information provided by the Customer. Consequently, Yoshu shall not be held liable, in particular, in the event that the Customer provides falsified or erroneous information or documents.
11.2 Concerning the Customer's Account
The Customer:
- guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
- acknowledges that this information constitutes proof of his/her identity and is binding as soon as validated,
- is responsible for maintaining the confidentiality and security of his/her login and password, all access to the Platform using the latter being deemed to have been made by him/her.
The Customer must immediately contact Yoshu at the address mentioned in the article "Identification of the Company" if he/she notices that his/her Account has been used without his/her knowledge. The Customer acknowledges that Yoshu shall have the right to take all appropriate measures in such a case.
The Customer is solely responsible for creating access for Users.
11.3 Concerning use of the Services
The Customer is responsible for its use of the Services and any information it shares in this context. They are also responsible for the use of the Services and any information shared by Users. The Customer undertakes to ensure that the Services are used exclusively by the Customer and/or Users, who are subject to the same obligations as the Customer in their use of the Services.
The Customer undertakes not to misuse the Services for purposes other than those for which they were designed, and in particular to :
- engage in illegal or fraudulent activity,
- undermine public order and morality,
- infringe the rights of third parties in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- promote its services and/or sites or those of a third party,
- assist or incite a third party to commit one or more of the acts or activities listed above.
The Customer also agrees not to :
- copy, modify or misappropriate any element belonging to Yoshu or any concept it exploits within the framework of the Services,
- engage in any behavior likely to interfere with or hijack Yoshu's computer systems or undermine its computer security measures,
- infringe the financial, commercial or moral rights and interests of Yoshu,
- market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to Yoshu.
The Customer is responsible for the content (the " Content ") of any kind that it distributes within the framework of the Services.
The Customer accepts that Content broadcast via the Solution may be viewed by Users of the Services.
The Customer agrees not to distribute any Content (this list is not exhaustive) that
- infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
- infringing the rights of third parties (counterfeit content, infringement of personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
- prejudicial to third parties in any way whatsoever,
- misleading, deceptive or proposing or promoting illicit, fraudulent or deceptive activities,
- harmful to the computer systems of third parties.
The Customer indemnifies Yoshu against any claim and/or action that may be brought against it as a result of the Customer's breach of any of its obligations. The Customer shall indemnify Yoshu for any loss suffered and shall reimburse Yoshu for any sums it may have to bear as a result.
12. Yoshu’s obligations and liability
Yoshu undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.I
n this respect, Yoshu guarantees that it holds all intellectual property rights to the Platform and the Services.
Any delay attributable to the Customer shall postpone the agreed delivery dates accordingly.
2.1. Concerning the quality of the Services
Yoshu makes every effort to provide the Customer with quality Services.
To this end, it carries out regular checks to verify the operation and accessibility of its Services and may thus carry out maintenance under the conditions specified in the "Maintenance" article.
However, Yoshu shall not be held liable for temporary difficulties or impossibilities of access to its Services due to :
- circumstances external to its network (and in particular the partial or total failure of the Customer's servers),
- the failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
- interruption of Services by telecom operators or Internet service providers,
- intervention by the Customer, in particular through incorrect configuration of the Services,
- force majeure.
Yoshu is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.
Furthermore, Yoshu does not guarantee that the Services :
- subject to constant research to improve performance and progress, will be totally free of errors, defects or faults.
12.2 Concerning the Platform service level guarantee
Yoshu does not offer any service level guarantee for the Platform.
However, Yoshu makes its best efforts to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in the " Maintenance " article, or in the event of force majeure.
12.3 Data backup on the Platform
Yoshu makes its best efforts to back up all data produced and/or entered by/on the Platform.
However, except in the case of proven fault on the part of Yoshu, Yoshu shall not be liable for any loss of data during maintenance operations.
12.4 Data storage and security
Yoshu provides sufficient storage capacity for the operation of the Services.
Yoshu makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.
12.5. With regard to subcontracting and assignment
Yoshu may use subcontractors in the performance of the Services, who are subject to the same obligations as Yoshu. Nevertheless, Yoshu remains solely responsible to the Customer for the proper execution of the Services.
Yoshu may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer, and will inform the Customer of any such substitution by any written means.
13. Limitation of Yoshu’s liability
Yoshu’s liability is limited solely to proven direct damage suffered by the Customer as a result of using the Services.
With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, Yoshu shall not be liable for an amount greater than the amounts it has received in connection with the provision of its Services.
Yoshu is only bound by an obligation of means in the provision of the Services, to the exclusion of any obligation of result.
The Customer acknowledges and accepts that Yoshu shall not be held liable for any damage resulting from decisions made by the Customer on the basis of recommendations and advice provided by Yoshu in the context of the Services. In general, Yoshu does not guarantee that the Services and the resulting Deliverables will meet the Customer's expectations.
14. Acceptable methods of proof
Proof may be established by any means.
The Customer is hereby informed that messages exchanged via the Platform as well as data collected on the Platform and Yoshu’s computer equipment constitute one of the admissible methods 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 insofar as it is concerned, to comply with all legal and regulatory obligations incumbent upon them in terms of the protection of personal data, in particular Law78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the " Applicable Regulations ").
To find out more about the processing carried out by Yoshu, the Customer is invited to read Yoshu’s privacy policy available here: https://www.yoshu.ai/utility-pages/privacy-policy
15.2. Processing of personal data by Yoshu as a subcontractor
The purpose of this clause is to define the conditions under which Yoshu undertakes, on behalf of the Customer, the processing of personal data described below.
Yoshu and the Customer mutually undertake, each as far as we are concerned, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016) and the French Data Protection Act of 6 January 1978 in its latest version in force (hereinafter referred to together as the " Applicable Regulations ").
Description of outsourced processing
As part of the Services, Yoshu processes personal data as a subcontractor within the meaning of the Applicable Regulations in the name and on behalf of the Customer. The Customer acts as data controller within the meaning of the applicable regulations. The characteristics of the processing are described below:
- Purposes of personal data processing : Provision of Services in accordance with these General Terms and Conditions.
- Nature of processing operations:Any operation required to achieve the aforementioned purposes, including collection, recording, organization, storage, consultation, use, communication by transmission, anonymization, erasure or destruction.
- Type of personal data processed: Identification data (surname, first name, photograph), Contact details (email addresses, telephone number), Professional data (company, job title), Data relating to training and awareness of cybersecurity risks (training history, chatbot conversation history, reactions to a phishing campaign (email ignored, email opened, email postponed, credentials compromised, etc.), Password robustness, etc. Connection and browsing data (date and time of connection, IP address, location, terminal, browser, operating system).
- Categories of data subjects: Customer, employees, collaborators of the Customer
Authorized subsequent subcontractors:
Amazon Web Services:
- Subcontracted processing activities: Hosting of personal data.
- Location of processing: Europe
- Appropriate safeguards implemented in the event of data transfer outside the EU: Standard Contractual Clauses
Twenty:
- Outsourced processing activities: Hosting of personal data/CRM
- Location of data processing: US
- Appropriate safeguards implemented in the event of data transfer outside the EU: Standard Contractual Clauses
Claap:
- Outsourced processing activities: Meeting Minutes
- Location of processing : Europe
- Appropriate safeguards implemented in the event of data transfer outside the EU: Standard Contractual Clauses
Google Cloud:
- Outsourced processing activities: Host Infrastructure
- Location of processing : US
- Appropriate safeguards implemented in the event of data transfer outside the EU: Standard Contractual Clauses
Slack:
- Outsourced processing activities: Communication servicesLocation of processing: US
- Appropriate safeguards implemented in the event of data transfer outside the EU: Standard Contractual Clauses
- Transfer of personal data outside the European Union
Yoshu is authorized to transfer personal data processed under the General Terms and Conditions to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulation.
- Assistance and provision of information:
Yoshu undertakes to assist the Customer and to respond as quickly as possible to any request for information sent to it by the Customer, whether in connection with a request for the exercise of their rights by the data subjects, an impact analysis or a request submitted by the data protection authorities or the Customer's data protection delegate.
- Notification of personal data breaches:
Yoshu undertakes to notify the Customer of any personal data breach relating to the processing operations covered by this contract and to provide the Customer with any useful information and documentation to enable the Customer, where appropriate, to notify the breach to the competent supervisory authority, as soon as possible after becoming aware of the breach.
- Fate of data:
Yoshu undertakes, at our option, to delete personal data at the end of the use of the Services or to return it to the Customer and not to keep a copy of it, unless required by Applicable Regulations.
- Documentation:
Yoshu makes available to the Customer, upon request, all information and documents necessary to demonstrate compliance with its obligations and to enable audits to be carried out. The Customer thus has the possibility of carrying out audits once a year and at its own expense in order to verify our compliance with the obligations set out in the present article relating to personal data. The Customer shall give Yoshu at least two (2) weeks' notice of the audit. Yoshu reserves the right to refuse the identity of the selected auditor if he or she belongs to a competing company. The audit must be carried out during working hours and in such a way as to cause the least possible disruption to Yoshu’s business. The audit may not in any way prejudice (i) the technical and organizational security measures deployed by Yoshu, (ii) the security and confidentiality of its other customers' data, (iii) or the smooth running and organization of its production. Insofar as possible, the parties will agree in advance on the scope of the audit. The audit report shall be sent to Yoshu to enable it to formulate any observations or remarks in writing, which shall be appended to the final version of the audit report. Each audit report will be considered as confidential information.
- Customer's obligations to Yoshu:
The Customer undertakes to:
(a) provide Yoshu with the personal data referred to in the article " Description of outsourced processing" to the exclusion of any irrelevant, disproportionate or unnecessary personal data, and to the exclusion of any "special" data within the meaning of the applicable Regulations, unless justified by the processing operations, it being the Customer's responsibility to establish such justifications and to take all measures, in particular prior information, consent and security measures, appropriate for such special data ;
(b) to collect under its responsibility, in a lawful, fair and transparent manner, the personal data it provides to Yoshu, for the performance of the Services, and in particular, to ensure the legal basis for this collection and the information due to the persons concerned;
(c) keep a register of data processing and, more generally, comply with the principles set out in the applicable Regulations;
(d) to ensure, beforehand and throughout the processing period, compliance with the obligations set out in the applicable Regulations.
16. Force majeure
Yoshu shall not be liable for any failure or delay in the performance of its contractual obligations due to an event of force majeure occurring during the duration of its relationship with the Customer, as defined in article 1218 of the French Civil Code.
If Yoshu is prevented from fulfilling its obligations due to force majeure, it must inform the Customer by registered letter with acknowledgement of receipt. Obligations are suspended upon receipt of the letter, and must be resumed within a reasonable period of time once the case of force majeure has ceased.
Yoshu shall nevertheless remain liable for the performance of obligations not affected by force majeure.
17. Termination of Services
The service will terminate at the end of the valid contract end date as specified in the agreement between Yoshu and the Customer. Upon reaching this termination date, all contractual obligations related to the provision of services will cease.
Any Period of service that has been initiated is due to be paid in full by the Customer, regardless of whether the Customer utilizes the service for the entire duration of that Period. This ensures fair compensation for resources allocated by Yoshu for the provision of services.
The Customer will lose all access to the service immediately upon the Contract's conclusion. This includes access to any data, functionalities, or resources that were available during the active contract period, unless otherwise specified in a separate data retention agreement.
18. Penalties in the event of breach
The following are essential obligations to the Customer (the "Essential Obligations"):
- payment of the price,
- not to provide Yoshu with erroneous or incomplete information,
- to respect the usual rules of politeness and courtesy in dealings with Yoshu,
- not to use the Services for a third party,
- not to engage in illegal or fraudulent activities or activities that infringe on the rights or security of third parties, undermine public order or violate applicable laws and regulations.
In the event of a breach of any of these Essential Obligations, Yoshu may :
- suspend or terminate the Customer's access to the Services,
- publish on the Platform any information message that Yoshu deems useful,
- warn any competent authority, cooperate with it and provide it with all information useful for the investigation and repression of illegal or illicit activities,
- take any legal action.
These sanctions are without prejudice to any damages that Yoshu may claim from the Customer.
In the event of a breach of any obligation other than an Essential Obligation, Yoshu shall request the Customer by any useful written means to remedy the breach within a maximum period of 15 calendar days. The Services will be terminated at the end of this period if the breach is not remedied.
Termination of Services entails deletion of the Customer's Account.
19. Modification of General Terms and Conditions
Yoshu may modify its General Terms and Conditions at any time and will inform the Customer by any written means (and in particular by email) at least 30 calendar days before they come into force.
The modified General Terms and Conditions will apply when the Customer's Contract is renewed.
If the Customer does not accept these modifications, he must terminate his Contract in accordance with the terms and conditions set out in the "Termination of Services" article .
If the Customer uses the Services after the entry into force of the modified General Terms and Conditions, Yoshu considers that the Customer has accepted them.
20. Language
In the event of contradiction or dispute as to the meaning of any term or provision, the French language shall prevail.
21. Applicable law and jurisdiction
The General Terms and Conditions are governed by French law.
In the event of a dispute between the Customer and Yoshu, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided by mandatory provisions.
Please read these terms and conditions carefully before using Our Service.
Yoshu's Terms of Service was last updated on 15/07/2025.