Terms of service
These Terms of Service (the "ToS") govern the access, use, and provision of services offered to the "Customer" by Piston, a French simplified joint-stock company (SAS), registered in France under number 940 796 584, operating through the online platform Piston (the "Platform").
By creating an account on the Platform, subscribing to a license, or using Piston's services, the Customer fully and unconditionally agrees to these ToS.
The individual accepting these ToS represents and warrants that they have the authority to bind the legal entity on whose behalf they are acting. If the individual does not have such authority, or if the entity does not accept these Terms, they must not use the Service.
The "Customer" and "Piston" are referred to collectively as the "Parties" or individually as a "Party."
1. Service
1.1 Service Description
Piston provides an online software platform incorporating automation modules and artificial intelligence capabilities (the "Service"). The Service may include web interfaces, APIs, connectors, AI models, and any related documentation or resources (the "Piston Content").
1.2 License and AI Credits
Subject to these ToS, Piston grants the Customer a limited, non-exclusive, non-transferable, and temporary right to access the Service and its features (the "License"). Artificial intelligence credits ("AI Credits") represent the units of computational resources consumed when performing AI-based processes, requests, or automations on the Platform.
2. Scope and Modifications
2.1 Scope
These ToS apply to all access and use of the Service, in the U.S. and internationally. Piston contracts exclusively with business customers and not with individual consumers.
2.2 Modifications
Piston may modify these ToS at any time to reflect changes in the Service, legal requirements, or economic conditions.
Modified ToS will be posted on the Platform with the effective date indicated. Unless stated otherwise, changes take effect upon posting and apply to any subsequent use of the Service. Continued use of the Service constitutes acceptance of the updated Terms.
2.3 Service Updates
Piston may make technical, functional, or design modifications to the Service as necessary, provided such updates do not materially reduce the main features subscribed by the Customer.
3. Use and Termination
3.1 Permitted Use
The Customer may use the Service solely for its internal, business purposes.
3.2 Restrictions
The Customer shall not (a) modify, copy, decompile, disassemble, or attempt to discover the source code of the Service; (b) reproduce, distribute, resell, or sublicense the Service; (c) bypass security or access controls; (d) use the Service for illegal, fraudulent, or competitive purposes; (e) attempt to disrupt or interfere with the Service or associated servers.
3.3 Suspension
Piston may suspend Customer access if there is (a) repeated violation of these ToS, (b) fraudulent or abusive use of the Service, (c) threat to Service security or integrity, or (d) non-payment. No compensation will be owed by Piston due to such suspension.
3.4 Termination
Piston may terminate access immediately for material breach, non-payment, or security violations.
The Customer may terminate its subscription by providing written notice in accordance with the subscription terms.
3.5 Effect of Termination
Upon termination, access to the Service is disabled. Customer data will be deleted or returned as specified in the Data Processing Agreement (DPA). If terminated due to Customer breach, all outstanding amounts become immediately due and non-refundable unless expressly stated otherwise.
4. License, AI Credits, and Payment
4.1 Licenses
Licenses grant limited, non-transferable, non-exclusive rights for the specified duration. Piston may deactivate accounts for non-renewal.
Licenses are billed at the rates in effect at the time of subscription and are non-refundable unless expressly stated.
4.2 AI Credits
AI Credits are consumed as the Service is used. They are non-refundable and non-transferable, even if unused.
When AI Credits are insufficient, the Customer will be notified electronically. The Customer may (a) purchase additional AI Credits, or (b) authorize automatic billing of excess AI Credits ("Overage Credits") to ensure continuity. Overage Credits are billed at the current rate. If not settled within five (5) business days after notification, Piston may suspend affected features until replenishment.
4.3 Billing and Payment
Payment is due on the invoice date or per agreed terms. Piston may suspend access for non-payment.
4.4 Taxes
All prices are exclusive of taxes. The Customer is responsible for applicable taxes.
5. Intellectual Property
5.1 Piston Rights
Piston retains all intellectual property rights in the Platform, software, models, algorithms, designs, databases, documentation, trademarks, and all elements supporting the Service ("Piston Elements"). No ownership is transferred; the Customer has only a personal, non-exclusive, non-transferable license.
Reproduction, modification, distribution, reverse engineering, or decompilation of Piston Elements without written consent is prohibited. Piston may take legal action against violations.
5.2 Customer Rights
Customer-submitted or generated data remain the exclusive property of the Customer. Piston does not acquire rights over such data or generated results.
6. Confidentiality
Each Party may disclose confidential commercial, technical, or strategic information ("Confidential Information").
Confidential Information includes information reasonably understood as confidential, including Service features, performance, roadmap, User Data, and User Submissions.
The recipient Party shall (a) protect Confidential Information with at least the same care as its own; (b) restrict access to employees, consultants, or subcontractors with a need-to-know, bound by confidentiality; (c) use Confidential Information only to perform these ToS; (d) not disclose without written consent, except as required by law.
A Non-Disclosure Agreement (NDA) may supplement these ToS and will prevail in case of conflict.
Customer may provide feedback; Piston is granted a perpetual, worldwide, irrevocable, transferable, royalty-free license to use, modify, and integrate such feedback.
7. Data
Definitions**:**
« User Data »: Information about the Customer and authorized users (name, email, credentials, technical connection data) collected to provide the Service.
« User-Generated Data »: Content, text, files, or information entered, imported, or generated by the Customer or users.
« Service Data »: Technical and statistical data generated automatically during use, aggregated and anonymized by Piston.
7.1 Data Processing and Ownership
Customer retains all rights to User Data and User-Generated Data.
Customer grants Piston and its subcontractors a non-exclusive, worldwide, royalty-free, transferable license to access, use, process, copy, export, and display such data solely for (a) providing, supporting, and improving the Service; (b) troubleshooting or security purposes; (c) legal or regulatory compliance, or (d) any use expressly authorized by Customer in writing.
Anonymized Service Data may be used for statistical analysis and Service improvement; these remain Piston property.
Upon Service termination or Customer request, Piston will delete or return User Data and User-Generated Data, unless retention is required by law. Aggregated, anonymized Service Data may be retained for analytics or improvement.
7.2 Security and Compliance
Piston implements reasonable technical and organizational measures to protect User Data and User-Generated Data. Measures include encryption, access control, logging, and audits.
Customer remains responsible for securing its devices, systems, and connections.
Piston acts as a data processor under EU GDPR for EU Customer Data and may act as a service provider under California CCPA for California residents. Processing may be subject to a DPA.
EU GDPR Compliance
For EU Customers, Piston processes personal data only per GDPR requirements. Customers may request access, correction, deletion, restriction, or portability of personal data.
California CCPA Compliance
For California Residents, Piston complies with CCPA rights, including:
Right to know: disclosure of categories and purposes of personal information collected.
Right to delete: request deletion of personal information.
Right to opt-out: request that personal information not be sold (Piston does not sell personal info).
Right to non-discrimination: Customer will not be denied Service for exercising CCPA rights.
7.3 Use of AI Providers (LLMs)
Piston may use third-party Large Language Models (LLMs). Piston does not train proprietary AI on Customer data.
User Data may be temporarily shared only as necessary to execute the Service: language processing, content generation, automated assistance, or contextual analysis. LLM providers are selected based on GDPR Article 28-compliant safeguards and CCPA data protection principles, including (a) DPA, and (b) commitments not to use Customer data to train or improve models.
Piston implements (a) data encryption, (b) access limitation, (c) audit trails, and (d) anonymization where possible.
LLM providers may operate globally and act solely on Customer instructions. Customer remains responsible for submitted content and must not submit sensitive data under GDPR Article 9 (health, biometric, political opinions) or equivalent sensitive data under CCPA.
Upon request, Piston may provide a list of LLM providers and summary of contractual safeguards.
8. Warranties and Disclaimers
8.1 As-Is Service
The Service is provided "as is" without warranty of error-free operation or compatibility with Customer needs.
8.2 Account Security
Customer is responsible for maintaining the confidentiality of account credentials and activity.
8.3 Limitation of Liability
Total liability is limited to direct proven damages, not exceeding amounts paid in the three (3) months preceding the event. Indirect, consequential, lost profits, or third-party service damages are excluded.
8.4 Force Majeure
Piston is not liable for failure due to events beyond reasonable control (natural disasters, cyberattacks, government actions, pandemics, supplier failures). Obligations are suspended during the event without compensation.
9. Non-Solicitation and Non-Competition
During Service use and for 24 months after termination, Customer shall not:
solicit or hire Piston employees or contractors;
develop or participate in development of competing services that replicate substantial Service elements (UI, AI prompts, automations, design, etc.).
Violation triggers liquidated damages equal to 24 months of average billing, without prejudice to additional damages.
10. Governing Law and Jurisdiction
11.1 Governing Law
These Terms of Service are primarily governed by French law, including its mandatory provisions, in particular those relating to the protection of personal data (GDPR) and professional client rights within the EU/EEA.
For matters not governed by French law, or for clients located outside the EU/EEA (notably in the United States), the laws of the State of Delaware, USA shall apply, without regard to its conflict-of-law principles, except where mandatory French or European provisions prevail.
11.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved as follows:
a) Amicable Negotiation: The Parties shall attempt to resolve the dispute amicably within thirty (30) days of written notice of the dispute.
b) Arbitration: If the dispute is not resolved amicably, it shall be submitted to binding arbitration in Paris, France, administered by the International Chamber of Commerce (ICC) under its rules. Arbitration proceedings shall be conducted in English, and the award shall be final and binding.
c) Court Jurisdiction:
For clients located within the EU/EEA: French courts shall have jurisdiction over any dispute not subject to arbitration.
For clients located outside the EU/EEA: the courts of the State of Delaware, USA, shall have jurisdiction over any dispute not subject to arbitration.
d) Enforceability: The Parties agree to comply with and enforce any arbitration award or court judgment rendered in accordance with this Section.
11. General Provisions
11.1 Independent Contractors
The Parties are independent contractors. No agency, partnership, or employment relationship is created.
11.2 Notices
Notices shall be in writing and sent to the email address provided by each Party.
11.3 Assignment
Customer may not assign these ToS without written consent. Piston may assign to affiliates or successors in connection with reorganization or asset transfer.
11.4 Severability
If a provision is invalid, other provisions remain in effect.
11.5 Entire Agreement
These ToS constitute the entire agreement and supersede any prior oral or written agreement regarding the same subject.