Terms & Conditions
LEMPIRE
Simplified joint-stock company (société par actions simplifiée)
Registered office: 128 rue La Boétie, 75008 PARIS
823 475 082 RCS Paris
LEMPIRE SAS, TERMS OF SERVICES AND CONDITIONS OF SALE
lemlist and claap Services
As of November 04, 2026
1. PREAMBLE
1.1 These Terms of Services and Conditions of Sale (the “Terms of Services”) constitute a binding agreement between (i) lempire SAS for the lemlist, lemcoach and leadfinder services or (ii) claap SAS for the claap services, as identified in the applicable Specific Terms (each, as applicable, “lempire” or “we”) and you or, if you represent an employer or a customer, that employer or customer (“you” or “Customer”), governing your use of the lemlist (https://www.lemlist.com/) and claap (https://www.claap.io/fr) websites and services provided by lempire (the “Services”).
1.2 Each Service is provided under a separate Agreement with the relevant entity, which is solely liable for the Services it provides. There is no joint liability between lempire SAS and Claap SAS.
1.3 The TERMS OF SERVICES apply to business-to-business relationships. The Services are intended exclusively for persons of legal age.
1.4 lempire and the Customer confirm that they have received all the information necessary to assess the nature and scope of this contractual commitment and that they have negotiated in good faith prior to entering into this agreement (the “Agreement”). The Services are intended to be provided to many customers and are not personalized or specifically adapted for the Customer. Accordingly, the Customer has become acquainted with the features of the Services prior to entering into the Agreement (presentations, demos, etc.) and has thus had all the information it needed to determine, on its own, whether the Services chosen at the time of the order meet its needs: online form or quote (each an “Order Form”), thereby acknowledging that lempire has fulfilled its duty to advise.
1.5 The signature or validation of an Order Form entails unreserved acceptance of the TERMS OF SERVICES.
1.6 The signatory warrants that it has the capacity, rights and powers necessary to enter into the Agreement and to bind the Customer to the obligations arising therefrom.
2. PURPOSE OF THE AGREEMENT
2.1 The purpose of the Terms of Services is to set out the terms and conditions under which lempire makes its Services available to the Customer.
2.2 The Agreement, which governs the relationship between lempire and the Customer (individually a “Party”, together the “Parties”), consists of the following documents, listed in order of precedence:
- The Order Form;
- The Specific Terms applicable to each Service, including (i) the DPA applicable to each Service, which prevails over any other document as regards the processing of Personal Data and (ii) lemlist Sending Policy.
- The Appendices;
- The Terms of Services.
2.3 These documents constitute the entire Agreement, set out all the rights and obligations of the Parties and supersede all prior commitments, oral or written, relating directly or indirectly to the subject matter of the agreement between the Parties. Without prejudice of the following article, the Agreement may only be amended by a written amendment, signed and designated as such by the Parties.
2.4 lempire reserves all rights to modify or update the Terms of Services at any time and at its sole discretion, by publishing them on the websites of the Services or by notifying the Customer by any means. Material changes will apply upon renewal of the Agreement.
3. ORDER
3.1 The Customer places its order online and validates an “Order Form” directly on the websites of the Services or by accepting a quote. The Services are described in the Order Form.
3.2 lemlist reserves the right to refuse or cancel the Customer’s order at any time if lemlist believe that the Customer have attempted to abuse our system by starting multiple free trials or by obtaining multiple and illegitimate discounts on the price of the Services.
3.3 Plans offered Depending on the Services, the Customer may choose between free plans or free trials (“Free Services”) and paid plans (“Paid Services”), depending on its needs. Free Services, including free trials, are non-paying subscriptions subject to usage restrictions (time limit, usage limits, support limit, API call restrictions, etc.), as detailed on websites or in the related documentation.
3.4 The Customer may, at any time, terminate his Free Services or upgrade to Paid Services. Provided this is specified when taking out the subscription, at the end of a free trial, the Customer may be automatically switched to a Paid Service and charged accordingly, unless he has terminated the Subscription before the end of the free trial.
3.5 Paid Services involve a fixed-term commitment, the terms and conditions of which are set out in the Order Form and detailed on the websites of the Services. Additional Services may also be added.
4. USE OF THE SERVICES
4.1 Creation of a Customer Account
In order to benefit from the Services, the Customer must create a customer account (hereinafter the “Customer Account”). The Customer must provide accurate and complete information and keep it up to date. lempire reserves the right to make access to its Services conditional upon the provision of proof of the Customer's identity.
The Customer is the sole custodian of, and is solely responsible for, the credentials associated with its Customer Account. You undertake to inform lempire immediately in the event of loss or theft of credentials and/or passwords, as well as of any unauthorized use of your Customer Account.
For some Services, the Customer must designate an administrator (hereinafter the “Administrator”), who may create specific accounts linked to the Customer Account for other users (hereinafter the “Users”), who will have separate credentials. The Administrator may access, modify and delete the information of the User Accounts linked to its Customer Account. The Administrator may also delete a User Account or restrict access to it. It is the Customer's responsibility to ensure that only authorized Users access user accounts (“User Accounts”). The Customer is solely responsible for any action carried out from its Customer Account, including the User Accounts, and for the data they contain (the “Data”).
A User may request the deletion of its Data or the closure of its User Account by following the procedure provided for each Service.
Unless otherwise provided for in the Agreement, the Customer is not authorized to assign the use of all or part of the Services to a third party, even free of charge.
4.2 Performance of the Services
4.2.1 Obligations of lempire
lempire undertakes to make the Services available to the Customer in accordance with the Order Form, and, under a best-effort obligation (obligation de moyens), to:
a) Provide the Services in accordance with the state of the art, using competent personnel and implementing its know-how and skills;
b) Implement security measures and controls in accordance with industry standards and best practices, including, for the Services concerned, the SOC 2 Type II standard. The security measures implemented for each Service are detailed in the applicable security documentation.
4.2.2 Links on the websites
The Services may contain links to other websites. Since lempire cannot control these websites, it cannot be held liable for their availability or content.
4.2.3 Service level - SLA
4.2.3.1 Availability
lempire will use all commercially reasonable efforts to make the Services available twenty-four hours a day, seven days a week, except for Services designated as beta. Services designated as “beta” are provided “as is”, with no guarantee of service levels or availability.
The Services will be made available to the Customer as soon as possible and within a maximum of 48 hours after the order or on the subscription start date.
4.2.3.2 Maintenance
lempire may temporarily suspend access to the Services for maintenance purposes. We endeavor to inform Customers thereof and to limit the duration of the interruption as much as possible, without lempire incurring any liability in this respect.
4.2.3.3 Incidents
lempire shall not be held liable for delays, interruptions or transmission difficulties resulting from malfunctions, unavailability or disruptions affecting the Internet or any other external means of communication beyond its control.
In the event that normal use of the Services, not attributable to misuse of the Services by the Customer, not related to failures of networks or services beyond lempire's reasonable control, and not scheduled, is prevented for a period exceeding two (2) consecutive days or does not meet the availability statements, lempire undertakes to apply liquidated penalties (sole and exclusive remedy for unavailability, without prejudice to termination for material breach) in favor of the Customer in the form of a credit equal to 5% of the fees for the current billing period on its next invoice, provided that the Customer submits a written and reasoned request within seven (7) days following the incident.
4.2.3.4 Backup and reversibility
The Customer may extract the Data from its Customer Account at any time:
- For Paid Services, the Data is retained for at least thirty (30) days after termination.
- For Free Services, the Data may be deleted by lempire at any time when it decides to delete the free Customer Account, provided that the Customer is informed thereof.
Data is deleted at the Customer's request in accordance with the procedures described on the website of each Service. Copies of the Data in backups are deleted at the end of the purge cycle.
4.3 Terms of use of the Services
4.3.1 Means of access to the Service
It is the sole responsibility of the Customer, at its own expense, to obtain the technical means (hardware, software, networks, etc.) and the skills necessary to access the Services, without recourse against lempire in the event of damage resulting from misuse, including the deletion or entry of incomplete or erroneous Data or information.
4.3.2 Information
The Customer certifies that all Data that it provides to lempire in connection with its use of the Services is accurate and up to date. lempire cannot be held liable for the non-performance of the Services if the Customer provides erroneous information.
4.3.3 Changes to the Services
lempire reserves the right to make changes to the Services at any time for the purpose of improving them. If a change may have significant negative consequences on the Customer's use of the Services, the Customer will be notified thereof.
4.3.4 Third-party services
lempire may offer integrations with third-party services. These integrations are provided “as is” and lempire gives no warranty in this respect, in particular as to their availability or their compatibility with changes to the third-party services. Third-party services are subject to their own terms of use. It is the Customer's responsibility to read these terms and policies before using the third-party services. By activating a third-party service, the Customer authorizes the transfer of its Data to that service and is responsible for ensuring that such transfer complies with applicable regulations. lempire reserves the right to close a User Account at the request of a third-party service due to the User's failure to comply with the latter's terms of use, in order to preserve the security of other users. The Customer acknowledges that the automation of actions on third-party platforms may be restricted by those platforms' terms, and that any restriction or closure of the Customer's or Users' accounts on such platforms is at the Customer's sole risk and shall not give rise to any refund or liability of lempire.
4.3.5 Limits
lempire reserves the right to set reasonable limits on the use and storage of the Services in order to ensure the stability, legality, availability, scalability, user-friendliness, commercial viability and responsiveness of the services provided to the Customer. lempire will inform the Customer within a reasonable period before introducing such limits.
4.3.6 Unlawful uses of the Services
4.3.6.1 The Customer undertakes to use the Services in accordance with the rules set out in the Agreement and to make reasonable use of the Services.
4.3.6.2 The Customer is solely responsible for all Data that it transmits through the Services, including where such Data is provided by a third party, and for the compliance of the Data with the regulations in force in each country from or to which it uses the Services.
4.3.6.3 In particular, the Customer undertakes not to:
a) reproduce, adapt or modify the Services, create derivative works of the Services or develop competing products;
b) rent, distribute, sell, transfer or sublicense the Services to a third party, except as authorized by the Agreement;
c) interfere with, disrupt or circumvent the security measures or mechanisms designed to protect the Services;
d) reverse engineer, disassemble, decompile or attempt to obtain or derive the source code of the Services, except as expressly permitted by mandatory statutory provisions applicable to software, in particular where such operation is necessary for the interoperability of independently created software or consists in observing, studying or testing the functioning of the Services under the conditions provided for by law;
e) remove or obscure any proprietary notice or other notice appearing in the Services;
f) produce Data that is unlawful, intimidating, harassing, defamatory, abusive, threatening, vulgar, obscene, likely to cause distress, unwanted attention or inconvenience to a person or entity, or otherwise objectionable of any nature whatsoever, or any Data encouraging conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws or regulations;
g) impersonate anyone, make false statements or misrepresent an affiliation with anyone;
h) use the Services to transmit any harmful or malicious code or program;
i) infringe, misappropriate or violate any right, in particular any intellectual property right, of any third party whatsoever;
j) produce Data containing special categories of personal data, in particular social security numbers, health or health insurance information, or information relating to a bank account or credit card;
k) use data mining techniques, robots or similar data gathering and extraction tools, except via the official API and MCP, within their limitations, and never for bulk data extraction.
4.3.6.4 In the event of use of the Services by the Customer in breach of applicable laws and regulations, lempire reserves the right to immediately suspend access to the Services, delete the Data, refuse to route it, or terminate the Agreement, subject to informing the Customer beforehand, or to demonstrating a breach requiring immediate action by lempire.
4.3.6.5 The Customer is solely responsible for any damage caused to lempire or to third parties as a result of the use of the Services. The Customer shall indemnify lempire for any damage suffered as a result of non-compliance with applicable regulations. The Customer undertakes to reimburse the costs incurred by lempire in carrying out any steps or formalities in order to comply with a court order or a request from an administrative or judicial authority concerning its use of the Service.
4.3.7 Indirect subscriptions
For ‘agency’ plans, Customers may subscribe to the Services in their own name and use them on behalf of their own clients, for the purpose of managing and/or reselling the Service to them. The Customer may then make the Services available to its own client, the end User, provided that it (i) uses sub-accounts to separate use by the Customer from use by end Users, and (ii) bears responsibility for providing the necessary support to end Users. The Customer always remains liable towards lempire, including compliance with the Terms of Services by Users, and lempire is liable only towards the Customer. Where the Customer processes Personal Data on behalf of an end User, it acts as processor of that end User and lempire acts as sub-processor; the Customer warrants that it has obtained the end User’s authorization to that effect and that its instructions are consistent with those of the end User.
5. PRICE AND PAYMENT
5.1 Applicable prices - The price of the Services and the currency are specified in the Order Form. The price of the Services may consist of a fixed fee and a variable fee. Except as expressly provided in the Agreement, the fixed fee is non-refundable for any reason whatsoever.
5.2 All fees due are stated exclusive of taxes. The Customer shall pay all taxes imposed by any public authority on the fees due for the Services or reimburse them to lempire if we have paid such taxes. The Customer shall bear all bank charges, currency conversion fees, intermediary bank fees, and any other costs or expenses related to the payment on its part.
5.3 lempire reserves the right to change the prices of the Services. The applicable prices are those in force on the date of the order; the new prices will apply as from the renewal date of the Agreement. The Customer who does not accept them may terminate the Agreement. Any calculation of fees for renewals of Subscriptions will be based on fees excluding discounts.
5.4 Upgrade or downgrade - In the event of an upgrade, the Agreement will be automatically updated. A new invoice will be issued by lempire, stating the prorated fee due for the remaining period of the current billing period. This prorated calculation ensures that you will only be invoiced for the Services used between the date of the upgrade and the end of the current billing cycle.
5.5 Downgrading to a lower license during the Subscription Term is not permitted and take effect upon the next renewal. No refund will be granted on fees prepaid by the Customer.
5.6 Payment terms – The price is paid by the Customer according to the frequency and terms set out in the Order Form, via a payment service provider or by bank transfer. Unless otherwise stated, the price is payable before use of the Services. The Customer undertakes to keep its bank details up to date in order to prevent any payment failure upon the tacit renewal of the Agreement.
5.7 Any late payment entitles lempire to recover the full fees of the Agreement, whether or not the Services have actually been used.
5.8 In the event of full or partial non-payment on the due date, lempire may, without notice: (i) charge late-payment interest on all sums due until full payment, at a rate equal to ten times the legal interest rate in force on the due date; (ii) charge all collection costs, in particular bank charges related to the rejection of a payment, in addition to the statutory fixed collection fee of €40; (iii) and automatically suspend the Customer's access to the Services. Such suspension shall not affect the Customer’s obligation to pay the amounts due, which shall remain fully payable during the suspension period; (iv) all without prejudice to any damages and to any termination of the Agreement.
5.9 Online Subscription – Where the Customer subscribes to the Services directly online on the website of the Services (“Online Subscription”): (i) the applicable prices are those displayed on the website of the Services at the time of the order; (ii) the price is payable in advance at the beginning of each billing period by card via lempire’s payment service provider, and the Customer authorizes lempire to automatically charge its card on each due date, including upon renewal, until termination; (iii) in the event of a failed payment, lempire may suspend access to the Paid Services.
5.10 Additional Services - The Customer may subscribe to additional Services, which are invoiced separately.
6. INTELLECTUAL PROPERTY
6.1 Rights of lempire - lempire retains ownership of its own methods, know-how and tools used to perform the Services. We have the exclusive right to intervene in order to adapt, reorganize and/or modify any element of the Services or correct any error.
6.2 The content of the Services, the services performed in connection with the Services and the related documentation are the exclusive property of lempire or of the partners or third parties that have granted it a license and are protected by intellectual property rights. Any use of the Services in breach of the terms of the Agreement constitutes an infringement of copyright law and give rise to legal action.
6.3 The Agreement does not transfer or assign any intellectual property rights to the Customer or the Users, except for the non-exclusive, non-transferable right to use the Services for its own needs or those of its clients where permitted, for the term stated in the Order Form, under the terms of the Agreement and in accordance with the intended use of the Services. The Customer guarantees compliance with these provisions by the Users.
6.4 lempire indemnifies the Customer against any third-party action that has been the subject of a final decision, on the grounds of infringement or violation of their intellectual property rights. In the event that it has been notified that the Customer may not use an element forming part of the Services without infringing the rights of a third party, lempire may either replace the element concerned or modify it so that the infringement or any other breach ceases to exist.
6.5 Rights of the Customer - The Customer is the owner of the elements or Data that it collects, processes and shares with lempire in connection with the Services, including all associated intellectual property rights. The Customer authorizes lempire to transmit, store and copy its Data in connection with the provision of the Services and grants it all necessary rights for that purpose. This authorization includes the use of third-party service providers.
6.6 The Customer also grants lempire a license to use the Data that it collects, generates, processes and shares in connection with the Services. This license is granted free of charge, worldwide and for the duration of protection of the intellectual property rights, the Data being used for the purpose of improving the Services. The Customer warrants that it has obtained all licenses necessary to grant this license of use. The Customer may refuse the reuse of its Data for the purpose of improving the Services by notifying lempire in writing.
6.7 Right to cite as a reference - You grant lempire a worldwide, non-exclusive, royalty-free and revocable license to use your company name, trade name and logo for the sole purpose of identifying You as a Customer of the Services, in particular on the websites of the Services, in customer testimonials and case studies, in sales presentations and proposals, as well as in marketing and press materials and on social media.
6.8 This license is granted for the term of the Agreement and survives for a period of twelve (12) months following its termination, after which lempire will cease any new use, it being understood that lempire will not be required to withdraw materials already printed, distributed or archived.
6.9 You may withdraw this authorization at any time by written request sent to legal@lemlist.com. lempire will remove the relevant references within thirty (30) days of receipt of such request.
7. CONFIDENTIALITY
7.1 Confidential information (“Confidential Information”) means information identified as such by the affixing of a “confidential” notice, as well as information that is confidential to a Party by its nature, in particular information relating to its activities, its finances, the technologies it uses, its trade secrets, its prices, its methods, know-how, procedures, products, documents, equipment, software and tools. The results of performance tests carried out on the Services, the Agreement, and any information or document exchanged between the Parties, and disclosures obtained in connection with the Agreement, constitute Confidential Information.
7.2 The Parties undertake not to disclose to any third party, without the prior written agreement of the other Party and solely for the purposes of performing the Agreement, the Confidential Information of the other Party, and to protect it by taking at least the same level of precautions as for their own Confidential Information. The Confidential Information of the other Party will be deleted by each Party upon the other Party request, unless otherwise required by the Agreement, by law or if backup copies cannot reasonably be deleted or must be retained, in which case such undeleted backups will remain subject to the confidentiality clause of this Agreement until their deletion. The Parties shall ensure compliance with this obligation by their personnel and any subcontractors, or any third parties involved in the performance of the Agreement.
7.3 As a matter of principle, the confidentiality obligation applies for the Subscription Term and for five (5) years after the end of the Agreement.
7.4 The following shall not be considered Confidential Information: information a) that is or falls into the public domain through no fault of the receiving Party; b) that was known to the receiving Party prior to its disclosure, provided that: the receiving Party proves it by appropriate documents; it was not obtained directly or indirectly from the other Party; and neither the receiving Party nor any third party has breached a confidentiality obligation or committed any other fault; c) that is communicated to the receiving Party by a third party without breach of a confidentiality obligation and without any other fault; d) that is developed independently by the receiving Party, without use of any Confidential Information of the other Party; e) the disclosure of which is required under a law, regulation or decision of a court or administrative authority, to the extent strictly necessary.
8. PERSONAL DATA PROTECTION
8.1 In the performance of the Agreement, each Party undertakes to comply with the applicable regulations on the protection of personal data (hereinafter the “Personal Data Regulations”), in particular Regulation (EU) 2016/679 (hereinafter the “GDPR”), French Law No. 78-17 of 6 January 1978 known as the “Informatique et Libertés” Act and, where applicable, the California Consumer Privacy Act (“CCPA”).
8.2 In connection with the Agreement, the Parties process Personal Data, in particular in the contractual documents and in their management of the Users. The Parties acknowledge that each of them acts as an independent controller and that they determine, independently of each other, the means and purposes of the processing they carry out.
8.3 Data subjects may exercise their rights, within the limits of the Personal Data Regulations, directly with the Party concerned.
8.4 Personal Data is processed through the use of the Services. In that case, lempire most often acts as processor on behalf of the Customer, as controller.
8.5 lempire may also act as controller as described in the Privacy Policy, available on the websites.
9. USE OF ARTIFICIAL INTELLIGENCE
9.1 lempire integrates artificial intelligence systems (“AI System”) into the Services. As such, it qualifies as a provider of AI System and the Customer as a deployer within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (the “AI Act”), which each Party undertakes to comply with.
9.2 The rules applicable to the use of the AI System integrated into the Services are detailed in the Appendix “Use of Artificial Intelligence”.
10. ENTRY INTO FORCE - TERM
10.1 The Agreement enters into force on the date of signature or online validation of the Order Form by the Customer, unless a subscription start date is specifically stated therein.
10.2 The “Subscription Term” is the commitment period stated in the Order Form or, for Online Subscriptions, the commitment period selected by the Customer at the time of the order (monthly, quarterly or annual). Failing any such indication, the Subscription Term is twelve (12) months.
10.3 The Agreement will then be tacitly and automatically renewed for the duration of the Subscription Term, unless terminated by either Party subject to a notice period of one (1) day before the expiry date for monthly subscriptions, five (5) days before the expiry date for quarterly subscriptions and one (1) month before the expiry date for annual agreements, by notifying the other Party or using the online cancellation feature.
11. END OF THE AGREEMENT
11.1. Termination of Free Services lempire may, at its sole discretion, delete or terminate a Customer Account and end the Services provided under a Free Service, provided that the Customer is informed before the termination takes effect so as to allow it to export its Data.
11.2. The Customer may terminate the Agreement relating to a Free Service at any time by deleting its free Customer Account and the associated User Accounts. Deletion of a free Customer Account may result in the destruction of all Data associated with it. The Customer is therefore required to make appropriate backups. lempire cannot be held liable for the loss of the Customer's Data.
11.3. Termination of Paid Services
11.4. Termination for material breach - Each Party may terminate the Agreement in the event of a material breach by the other Party of an essential provision of the Agreement thirty (30) calendar days after a detailed formal notice sent by registered letter with acknowledgment of receipt to the other Party has remained unresolved.
11.5. The following breaches, in particular but not exclusively, are considered material breaches: violation of any law or regulation in connection with the performance or use of the Services; breach or attempted breach of the security of the Services; fraud or attempted fraud in the use of the Services.
11.6. Consequences of termination as from the effective date of termination of Paid Services, the Customer has a period of thirty (30) days to extract its Data. At the end of this period, its Data may be deleted.
11.7. Upon expiry or termination of the Agreement, all sums still owed by the Customer become immediately due and payable. lempire does not refund any fees prepaid by the Customer, except in the event of termination of the Agreement for material breach by lempire. In that case, We will refund the Customer the prepaid fees on a prorated basis, exclusively for the portion of the subscription period following termination.
12. LIABILITY
lempire's obligations and liability are strictly limited to the provision of the Services as defined in the Order Form.
12.1. Limitation of liability, in any event, lempire shall under no circumstances be held liable for indirect or consequential damages of any kind whatsoever, including, without limitation, loss of revenue, profits or opportunities, business interruption or loss of Data, even if the Parties had been informed of the possibility of such damages.
12.2. In all cases, the Parties understand and agree that the contractual balance caps all Customer’s claims for damages combined at the higher of: (i) the fees paid by the Customer under the Agreement in the twelve (12) months preceding the occurrence of the damage, or (ii) fifty (50) euros. This limitation does not apply to damage resulting from personal injury (including death), nor to willful misconduct or gross negligence.
12.3. The Customer acknowledges that it has subscribed to the Services with full knowledge (i) of the risks involved, and (ii) of the level of risk it accepts. The applicable prices have been agreed in consideration of this article, which forms an integral part of the economic balance of the Agreement.
12.4. Force majeure lempire shall not be held liable for any failure or delay due to extraordinary events beyond its control in accordance with Article 1218 of the French Civil Code, including, without limitation, strikes, lock-outs and cyberattacks targeting the websites (“Force Majeure”).
12.5. Upon the occurrence of a Force Majeure event, this Agreement will be automatically suspended for the entire duration of such event, and neither Party will be liable to the other for non-performance or delay in the performance of the required obligations, provided that the defaulting Party promptly notifies in writing its inability to perform its obligations and uses reasonable efforts to resume performance as soon as possible.
12.6. If a Force Majeure event continues beyond a period of sixty (60) days and prevents the performance of the essential obligations of the Agreement, the Agreement may be terminated by either Party by notice sent by registered letter with acknowledgment of receipt.
13. REVERSIBILITY AND SWITCHING OF PROVIDER
13.1. Switching of provider
In accordance with Regulation (EU) 2023/2854 of 13 December 2023 (the “Data Act”), and in particular Article 25 thereof, the Customer may, at any time during the term of the Agreement or upon its expiry, request:
- to switch to a data processing service offered by another provider;
- to port its Exportable Data and Digital Assets to its own on-premises IT infrastructure; and/or
- the erasure of its Exportable Data and Digital Assets
13.2. Scope of the data concerned The switching process covers (i) the Data provided by the Customer and the input and output data, including metadata, directly or indirectly generated or co-generated by the Customer’s use of the Services (the “Exportable Data”), and (ii) the customized applications, configurations and settings for which the Customer holds a right of use (the “Digital Assets”).
13.3. The following are expressly excluded from the scope of reversibility: (i) internal data specific to the organization, operation or algorithms of lempire; (ii) elements protected by trade secrets or intellectual property rights of lempire; (iii) lempire's internal log data, which is not essential to the Customer's use of the Services.
13.4. Notification and notice period The Customer will notify lempire of its intention to switch provider or to re-internalize the data by any written means with acknowledgment of receipt, subject to a maximum notice period of two (2) months together with the information necessary to identify the destination provider.
By the end of the Notice Period at the latest, the Customer shall inform lempire of its decision to take one or more of the following actions: (a) switch to another data processing service provider, in which case the Customer shall provide the information concerning that provider which is necessary to carry out the transfer; (b) switch to its own on-premises IT infrastructure; (c) have its Exportable Data and Digital Assets erased.
13.5. Transition period and transfer arrangements lempire undertakes to cooperate in good faith with the Customer in order to enable an effective, secure and continuous transfer of the Data concerned. lempire will provide reasonable assistance to the Customer during the transition phase, in accordance with the requirements of the Data Act, subject to reasonable technical constraints.
13.6. The transition period is set at thirty (30) calendar days from the expiry of the notice period. In the event of a duly justified technical impossibility, lempire will inform the Customer within fourteen (14) working days following the initial notification of the switching of provider and will propose an alternative transition period of up to seven (7) months, detailing the technical constraints making it impossible to comply with the standard period. The continuity of the Services is ensured throughout the alternative Transition Period.
13.7. The Customer may also request, by written notice, a single extension of the transition period for a duration it considers appropriate to its operational needs.
13.8. Retrieval Period Following the end of the Transition Period, as extended where applicable, the Customer has a period of at least thirty (30) calendar days to retrieve its Exportable Data and Digital Assets (the “Retrieval Period”). During this period, lempire keeps them available and secured in accordance with Article 13.5 (iv).
13.9. Termination of the Agreement The Agreement, or where applicable the part of the Agreement relating to the Services concerned, is deemed terminated: (i) where the Customer has decided to switch to another provider or to its own on-premises IT infrastructure, upon successful completion of the switching process; (ii) where the Customer has only decided to have its Exportable Data and Digital Assets erased, at the end of the Notice Period. lempire notifies the Customer of the termination by email to the Administrator.
13.10. Erasure Upon expiry of the Retrieval Period, or of any later period agreed between the Parties, and provided that the switching process has been successfully completed, lempire fully erases all Exportable Data and Digital Assets generated directly by the Customer or relating directly to the Customer. Where the Customer has decided on erasure, it is carried out upon termination of the Agreement. Copies contained in backups are erased at the end of the backup purge cycle and remain protected until then. lempire confirms the erasure in writing upon the Customer’s request. This Article is without prejudice to the retention of data that lempire is required to keep under applicable law, for the period required by such law only.
13.11. Formats and technical arrangements for the transfer lempire will provide the exportable data and digital assets in machine-readable formats (JSON, CSV). The transfer will be carried out via a download link or a dedicated API, depending on the Services. Any other format will entail additional fees to be agreed between the Parties.
13.12. Switching charges Specific, reasonable charges strictly necessary for the transfer may be applied to the Customer, within the limits provided for by applicable regulations, until 12 January 2027, in accordance with Article 29 of the Data Act.
13.13. Early termination penalties If the Customer switches provider before the end of a Subscription Term exceeding two (2) months, the Agreement terminates upon completion of the switching process and lempire may invoice, as early termination fees, the discounts and waived set-up fees granted in consideration of the commitment period. Prepaid fees for the remaining period are refunded after deduction of such amount, calculated on the basis of the public prices of the Services actually provided.
14. MISCELLANEOUS
14.1. Fair dealing Each Party undertakes to perform this Agreement in compliance with the laws applicable to it, in good faith and, in this respect, to respect and not to harm the image of the other Party, in particular on social media, forums and influential websites.
14.2. No waiver The fact that either Party does not invoke a breach by the other Party of any of its obligations hereunder shall not be construed as a waiver of the obligation in question.
14.3. Severability If one or more provisions of the Agreement are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent court, the other provisions will retain their full force and effect. The invalid provision shall be deemed replaced by the valid provision which comes closest to the intention of the Parties, and the Parties shall negotiate in good faith to that end.
14.4. Legal process If lempire receives a request from law enforcement or an authorized authority seeking data or information about the Customer or its authorized Users, lempire will only respond to valid legal process, to the extent required by law. lempire will inform the Customer of such request, unless prohibited by law or if such notification is likely to compromise the safety of any person.
14.5. Survival The expiry or termination of the Agreement, for any reason whatsoever, shall not affect the provisions which, by their nature or by express stipulation, are intended to survive it, in particular: intellectual property, Customer’s liability, confidentiality, data protection, liability, governing law and jurisdiction.
14.6. Independence of the Parties The Parties are independent contractors. Nothing in the Agreement shall be construed as creating a partnership, joint venture, agency, commercial representation, distribution or employment relationship between the Parties, and neither Party may bind the other or act in its name.
14.7. Electronic signature The Parties acknowledge and accept the legal validity and enforceability of electronic signatures and consent to enter into the Agreement electronically.
15. ASSIGNMENT OF THE AGREEMENT
15.1 Each Party may assign the Agreement and the rights relating thereto in connection with a transfer, merger, acquisition or other capital transaction, subject to informing the other Party within thirty (30) days.
15.2 In the event of assignment, the Customer hereby consents to such assignment fully and definitively releasing lempire for the future. Any assignment must be recorded in writing.
16. RIGHT OF WITHDRAWAL AND PROVISIONS APPLICABLE TO CONSUMERS
16.1 Where the Agreement is concluded off-premises within the meaning of Article L. 221-1 of the French Consumer Code, the subject matter of the Agreement does not fall within the scope of the Customer’s main business activity, and the Customer employs five (5) or fewer employees, the Customer has a right to withdraw from the Agreement within fourteen (14) days from its conclusion, i.e. from the date of validation of the Order Form, without giving any reason (Article L. 221-3 and L. 221-18 of the French Consumer Code).
16.2 To exercise the right of withdrawal, the Customer must notify lempire of his or her decision to withdraw before the end of the withdrawal period, with an unequivocal statement sent (i) by email to legal@lemlist.com or (ii) by post to lempire SAS, 128 rue La Boétie, 75008 Paris, France. The Customer may use the model withdrawal form below, but it is not mandatory:
To the attention of lempire SAS, 128 rue La Boétie, 75008 Paris, France – legal@lemlist.com / Claap SAS, 14 avenue du General De Gaulle, 94160 Saint-Mandé, France– legal@lemlist.com: I hereby give notice that I withdraw from my contract for the provision of the following service: [Services / plan] | |
Ordered on: | |
Name of the Customer: | |
Address of the Customer: | |
Email address associated with the Customer Account: | |
Signature of the Customer (only if this form is notified on paper): | |
Date: |
16.3 lempire will acknowledge receipt of the withdrawal without delay on a durable medium.
16.4 lempire will refund all payments received from the Customer no later than fourteen (14) days from the day on which it is informed of the Customer’s decision to withdraw. The refund is made using the same means of payment as the one used for the initial transaction, unless the Customer expressly agrees otherwise, and at no cost to the Customer.
16.5 The Services are made available upon validation of the Order Form. If the Customer exercises the right of withdrawal, lempire will refund all fees paid in full, without any deduction for the use of the Services during the withdrawal period.
17. SUBCONTRACTING
lempire reserves the right to use one or more subcontractors of its choice to provide the services relating to the Services and remains liable to the Customer for their performance in accordance with the Agreement.
18. JURISDICTION AND GOVERNING LAW
THE AGREEMENT IS GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, THE PARTIES WILL MEET IN AN ATTEMPT TO REACH AN AMICABLE AGREEMENT EXCEPT FOR ACTIONS FOR PAYMENT AND URGENT OR PROTECTIVE MEASURES. FAILING AN AMICABLE SETTLEMENT WITHIN FIFTEEN (15) DAYS, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, INCLUDING FOR EMERGENCY PROCEEDINGS, PROTECTIVE MEASURES, SUMMARY PROCEEDINGS (RÉFÉRÉ) OR EX PARTE PROCEEDINGS.
LEMLIST LEADFINDER AND LEMCOACH SPECIFIC TERMS
Legal Notice For the provision of the lemlist Services, the entity entering into the Agreement with the Customer is: lempire SAS , 128 rue La Boétie, 75008 Paris, France Share capital: €640.32 Trade and Companies Register: 823 475 082 R.C.S. Paris VAT number: FR61823475082 Publication Director: Guillaume Moubeche Email: legal@lemlist.com Hosting Provider: Vercel Inc., 440 N Barranca Ave, #4133, Covina, CA 91723, United States Hosting Provider's Telephone: +1 559 288 7060 |
These Specific Terms (the “lemlist Specific Terms”) apply to the use of the lemlist, lemcoach and leadfinder Services.
The lemlist Services consist of the provision of a SaaS platform for the automation of multichannel prospecting campaigns (email, LinkedIn, telephone, WhatsApp), lead search and deliverability management, accessible via the URL app.lemlist.com or any associated subdomain.
lemlist Users may subscribe to the lemcoach coaching Services in addition to their subscription.
Customers, whether or not they subscribe to the lemlist Services, may subscribe to the leadfinder prospecting Services.
The lemlist Specific Terms apply in addition to the Terms of Services. They prevail over the Terms of Services in the event of any conflict.
1. LEMLIST SERVICES
1.1 Association of an email address with a lemlist Account Depending on the pricing plan, Customers may associate several email addresses with each User Account, as indicated in the Order Form, using combinations of first name and/or last name without restriction as to the domain name. For example, a lemlist User Account may associate:
1.2 Associating email addresses belonging to several persons with the same User Account is considered a breach of the lemlist Specific Terms. In the event of a breach, lempire reserves the right to deactivate the email addresses associated with the User Account and to delete the latter if the breach persists, without refund to the Customer.
1.3 Sending Policy The Customer undertakes to comply with lemlist's Sending Policy and, in particular, acknowledges having been informed that, in the event of a breach of its provisions, or if lempire receives an unusual number of complaints, We will be entitled to suspend the associated User Accounts and to terminate the Agreement, without refund or compensation to the Customer. lempire also reserves the right to temporarily limit the Customer's sending, until the latter has taken measures to bring its practices into compliance.
1.4 Telephone numbers The telephone numbers provided under the Agreement are strictly limited to the following countries: United States, United Kingdom, Germany, France, Canada and Belgium.
1.5 Support The Customer designates an Administrator responsible for collecting and responding to Users' requests for information and support.
1.6 lempire provides second-level support consisting of (i) responding to the Administrator's requests for information and support relating to the use of the Service, or (ii) resolving anomalies arising from the use of the Service that the Administrator has been unable to resolve despite its best first-level support efforts.
1.7 The Administrator must create a support ticket by sending a request to the following address: support@lemlist.com, including as much detail as possible about the support request, it being understood that only the Administrator is authorized to contact or access the support service.
1.8 Credits Subscriptions lempire allows the Customer to purchase credits for use of the Services ("Credits"), billed monthly, quarterly or annually (“Credits Subscription”). Credits are credited to the Customer account on a monthly basis regardless of the plan chosen.
1.9 This article applies to all Credits issued by lempire, regardless of the manner in which such Credits were initially purchased (Credits Subscription or other plans).
1.10 Credits accumulate from one month to the next. Credits can be used until the end of the Credits Subscription for credits that were granted by a Credits Subscription. Any other Credits can be used until the end of the Agreement, subject to any shorter validity period specified elsewhere in these Terms. After these deadlines have expired, unused Credits are lost without refund, credit or compensation.
1.11 If the Customer changes the tier of its Credits Subscription:
- Credits unused at the date the change takes effect are retained and made available under the new tier;
- an Upgrade (move to a higher tier) takes effect immediately: a new Subscription starts on that date (no prorated invoice for the period in progress);
- a Downgrade (move to a lower tier) takes effect on the next anniversary date of the current Subscription Term; until then, the Customer’s current tier and Credits continue to apply.
1.12 Where Credits are not paid via direct debit, lempire reserves the right to make the monthly crediting of Credits conditional upon receipt of the corresponding payment; in the absence of timely payment, lempire may withhold or suspend the crediting of Credits for the relevant period.
1.13 Data processing The Customer Data includes, in particular, messages sent, files uploaded, comments on files, as well as any other element that the Customer enters or uploads on lemlist.
1.14 To use the lemlist Services, you must connect a third-party email account to your Customer Account: you authorize access to your email account so that you can send emails via the Service and check replies. You retain full ownership of your Data.
1.15 The validity of all email addresses imported into a User Account may be verified by lempire in order to ensure high-quality deliverability standards, reduce bounce rates and maintain an excellent deliverability reputation for Our Customers. Email addresses detected as invalid will be blocked by the system and the User will not be able to send emails to that address via lemlist. In order to provide this protection service to Our Customers, lempire may use the Data relating to the validity and deliverability status of emails (i.e. “bounced”, “invalid”, “valid”, “risky”) for any email imported or manually added to a User Account, for the purpose of improving the internal email validation feature.
1.16 The processing of personal data carried out by lempire for the provision of the lemlist Service to the Customer is carried out in accordance with lemlist's DPA, which is binding between the Parties and prevails over any other contractual document in the event of any conflict.
Data enrichment Services
1.17 The “People Database” is a database of professional and company profiles derived from public sources and specialized providers, enabling the Customer to identify B2B prospects and, through enrichment, to obtain professional contact details.
1.18 The contact data enrichment feature may be operated on the basis of Data provided by the Customer or on the basis of a selection of profiles via the People Data Base. lemlist does not guarantee the accuracy of enrichment data.
2. LEADFINDER SERVICES
The following provisions apply where the Customer has subscribed to the leadfinder Services.
It is possible to subscribe to and use leadfinder independently of the other Services. However, subscribing to leadfinder automatically entails the creation of a lemlist Customer Account.
2.1 Description of the service The leadfinder Service is designed to identify companies likely to represent business opportunities for the Customer.
2.2 The leadfinder Service uses, among other technologies, limited-risk artificial intelligence systems to analyze the Customer's activity and to identify, prioritize and recommend companies and professional contacts likely to be relevant to the Customer's business activities.
2.3 The recommendations, rankings, analyses, summaries and other outputs generated by the Service are provided solely as a tool to support business prospecting. These outputs may be incomplete, inaccurate, outdated or unsuitable for a particular situation. The Customer remains solely responsible for reviewing, validating and using any output generated by the Service. lemlist does not guarantee the quality of the outputs generated by the Service or any improvement in business performance.
2.4 Limitation of liability In all cases, lempire’s aggregate liability arising out of or in connection with the provision of leadfinder will be limited to the amount of the subscription fees paid to lemlist by the Customer for one (1) month of use of the leadfinder Service. This limitation does not apply to liability arising from death or personal injury, nor to liability resulting from willful misconduct or gross negligence on the part of lempire.
3. LEMCOACH SERVICES
3.1 The following provisions apply to any order of the lemcoach Services by the Customer.
3.2 Description of the lemcoach Service The lemcoach Service includes:
- 4 hours of live coaching with a lemlist expert;
- An analysis of the Customer’s campaigns;
- A dashboard shared with the coach, including documents that the Customer may keep;
- 10,000 free credits to be used during the coaching period.
3.3 The lemcoach Service does not include:
- Any direct intervention by the lemcoach experts on the User Account, which remains in control;
- Any other legal, financial or technical service outside the scope;
- Any group session with other companies.
3.4 Eligibility To take part in the lemcoach program, the Customer must be an active lemlist user with a valid paid subscription. The coaching is not transferable to other users or companies.
3.5 Scheduling and session rules Sessions must be booked in advance directly with the expert assigned to the Customer, via the usual calendar links (Lemcal > Google Meet). If the Customer cannot attend a session, it must inform its coach at least 24 hours in advance.
3.6 No guarantees The coaching is purely advisory and in no way guarantees financial results, improved performance or any specific results.
3.7 Validity Sessions or packages purchased must be used within the validity period stated in the Order Form (90 days).
3.8 Prices and payment terms The coaching is invoiced separately from the Services, as a one-off payment. The lemcoach program does not renew tacitly. No refund will be accepted after the Customer has attended the kick-off session, i.e. the first coaching call. The Customer and the coach are both responsible for finding time during the 90-day period for the 4 hours of calls. Payment must be made by bank card within seven days.
CLAAP SPECIFIC TERMS
Legal Notice For the provision of the claap Services, the entity entering into the Agreement with the Customer is: Claap SAS, 14 avenue du General De Gaulle, 94160 Saint-Mandé Trade and Companies Register: 894 551 654 R.C.S. Créteil Share capital: €1,415.55 VAT: FR12894551654 Publication Director: Guillaume Moubeche Email : legal@lemlist.com Hosting Provider: Vercel Inc., 440 N Barranca Ave, #4133, Covina, CA 91723, United States Hosting Provider's Telephone: +1 559 288 7060 |
The Services consist of an asynchronous video collaboration SaaS solution intended for sales teams, enabling in particular:
- video and audio recording of meetings (video conferences) with internal and external participants;
- automatic transcription and AI-assisted generation of meeting summaries and notes;
- automated CRM enrichment based on the content of calls and meetings.
1.1 Company domains If a User creates an account using an email address belonging to its employer or organization, that account may be added to the organization's Customer Account. In that case, Claap will inform the User or the Administrator of the Customer Account in order to facilitate the transfer of the User Account to the Customer Account of the entity to which the User belongs.
1.2 The Customer represents that it has obtained all consents necessary for the use of the Services, by itself and by its authorized Users, mentioning, where applicable, its ability to convert accounts using its professional email domain into User Accounts linked to its Customer Account.
2.1 Data protection The processing of personal data carried out by lempire for the provision of the claap Service to the Customer is carried out in accordance with claap's DPA.
3.1 Recording
3.2 Consent to recording The use of the meeting recording feature involves the collection of Personal Data (voice, image, statements made) of participants, who may be third parties outside the Customer's organization.
3.3 The Customer is solely responsible for (i) informing participants in any meeting in advance that it is being recorded, in accordance with applicable regulations (ii) obtaining consent or having an adequate legal basis for the processing of participants' Personal Data, in accordance with the GDPR and with applicable laws in the jurisdiction of each participant; (iii) ensuring that external participants have been informed of the applicable Claap Services terms of use. The Customer shall indemnify lempire against any third-party claim related to the use of the recording feature without their consent or in breach of their rights.
3.4 Retention and storage of recordings Video recordings are retained by lempire until manual deletion by the Customer or deletion of its claap account.
3.5 Content sharing and access rights The Customer controls access rights to recordings within its Customer Account. It may share recordings with external third parties via shareable links. The Customer is solely responsible for the consequences of sharing recordings containing third parties' Personal Data.
3.6 The Administrator has the ability to control, access, modify or delete the recordings of all Users of the Customer Account. These powers must be exercised within the framework of the Customer's internal policies and in compliance with applicable regulations.
4.1 Downgrading of services Switching from a Paid Service to a lower Service immediately affects the permissions and access rights of the User concerned. The User's paid seat becomes available and may be assigned to another member of the Customer Account for the remainder of the cycle. If the seat is not reassigned before the next billing, it will be removed from the next subscription and will therefore not be invoiced.
APPENDIX 1 – USE OF ARTIFICIAL INTELLIGENCE
In order to provide the Services to the Customer, lempire uses artificial intelligence systems (“AI Systems”) within the meaning of Article 3, point 1 of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (the “AI Act”).
1. QUALIFICATION OF THE AI SYSTEMS
1.1 The AI Systems used by lempire in connection with the provision of the Services fall within the following categories:
a) Minimal-risk systems; and
b) Systems subject to the transparency obligations set out in Article 50 of the AI Act.
1.2 They fall neither within the prohibited practices referred to in Article 5 of the AI Act, nor within the high-risk AI systems referred to in Article 6 and Annexes I and III of the AI Act. This qualification is made by lempire solely with regard to the uses for which the AI Systems have been designed (the “Intended Purpose”). It ceases to have effect as soon as the Customer uses the AI Systems outside their Intended Purpose.
2. USE IN ACCORDANCE WITH THE INTENDED PURPOSE
2.1 The Customer undertakes to use each AI System in accordance with its Intended Purpose, as determined by lempire, and with the instructions for use provided by lempire.
2.2 Any use not in accordance with the Intended Purpose, in particular any use for other purposes, in another context or for other categories of persons, is prohibited, except with the prior written agreement of lempire.
3. PROHIBITION OF MISUSE
3.1 The Customer is expressly prohibited, directly or through a third party, from:
(i) using an AI System to implement any of the prohibited practices listed in Article 5 of the AI Act;
(ii) modifying the Intended Purpose of an AI System, configuring it, combining it with other systems, Data or tools, or using it in such a way that it becomes a high-risk AI system within the meaning of Article 6 of the AI Act, in particular in one of the areas listed in Annex III of the AI Act, such as employment and workers management, access to essential services, education or biometrics;
(iii) making a substantial modification to an AI System within the meaning of Article 3, point 23, of the AI Act.
3.2 The Customer acknowledges having been informed that, by using the Services, it acts as deployer (“Deployer”) of the AI Systems made available to it by lempire, which acts as provider (“Provider”). However, pursuant to Article 25(1) of the AI Act, any Deployer that modifies the intended purpose of an AI system not classified as high-risk in such a way that the system becomes high-risk is considered the Provider of that system and assumes all the obligations incumbent upon providers of high-risk AI systems. In such a case, the Customer alone assumes these obligations, and lempire may under no circumstances be regarded as the Provider of the system thus misused.
4. TRANSPARENCY OBLIGATIONS
4.1 Where lempire uses AI Systems falling within Article 50 of the AI Act, it uses its best efforts to rely on service providers enabling it to fulfill the obligations incumbent upon it as Provider, in particular informing natural persons that they are interacting with an AI system (Article 50(1)) and marking synthetic content generated by the AI Systems in a machine-readable format (Article 50(2)).
4.2 The Customer undertakes, in its capacity as Deployer, to fulfill the obligations incumbent upon it under Article 50(3) and (4) of the AI Act. The Customer shall not remove, alter or conceal any marking, warning or transparency notice affixed by lempire.
5. NO REUSE OF DATA FOR TRAINING
5.1 lempire undertakes not to use the Data, instructions (prompts), files and information provided or entered by the Customer or the Users into the AI Systems (“Input Data”), the content, predictions, recommendations, decisions or other outputs generated by the AI Systems from the Input Data (“Outputs”), and the Customer data, for the purpose of training artificial intelligence models, whether its own models or those of third parties.
5.2 lempire undertakes to ensure compliance with this prohibition by its subcontractors and third-party model providers, and to use only third-party services whose contractual terms exclude such reuse.
5.3 Input Data and Outputs are processed by lempire only to the extent strictly necessary for the performance of the Services or for the improvement of the Services, unless you have objected thereto. Where they contain personal data, their processing is governed by the DPA in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR).
6. CUSTOMER'S RESPONSIBILITY FOR THE COMPLIANCE OF ITS USE
6.1 The Customer is solely and fully responsible for ensuring that its use of the AI Systems and of the Outputs complies with all legal or regulatory provisions to which it is subject, in particular by reason of its sector of activity, its status, the data subjects concerned by its processing or the territory in which it carries out its activity or exploits the Outputs.
6.2 In particular, it is the Customer's responsibility, where it acts as controller, to ensure the lawfulness of including Personal Data in the Input Data and, where applicable, to carry out the formalities, impact assessments, information and prior consultations required by the Personal Data Regulations.
6.3 The Customer further undertakes to take the measures necessary to ensure a sufficient level of AI literacy among its staff and other persons dealing with the operation and use of the AI Systems on its behalf, in accordance with Article 4 of the AI Act.
6.4 The Customer acknowledges that the Outputs are generated automatically, may be inaccurate or incomplete, and that it is the Customer's responsibility to verify their relevance before any use, in particular before making any decision producing effects on natural persons. The Customer is solely responsible for the generation and use of the Outputs.
7. LEMPIRE'S COMPLIANCE COMMITMENT
7.1 lempire undertakes to comply, with respect to the AI Systems it makes available, with the obligations incumbent upon it under the AI Act. If the Customer intends to use the AI Systems or exploit the Outputs outside the European Union, it is solely responsible for ensuring compliance with the applicable local rules.
7.2 lempire further undertakes to take the measures necessary to ensure a sufficient level of AI literacy among its staff, in accordance with Article 4 of the AI Act.
8. REGULATORY CHANGES
8.1 In the event of changes to the AI Act, to its implementing arrangements or timetable, or of the publication of guidelines or harmonised standards affecting the qualification or operation of the AI Systems, lempire may adapt the AI Systems, their Intended Purpose and this article.