Terms of Service

Terms and Conditions

Last updated: 10/09/2025

Parties: Mammouth AI SAS (“Mammouth”, “we”) and the customer identified at signup (the “Customer”).

By signing up or executing an Order Form, the Customer accepts these Terms (the “Agreement”).

1. Purpose & Contract Documents

These Terms govern access to and use of Mammouth’s platform and APIs (the “Services”).

The Agreement consists of, in order of precedence: (1) the Order Form / Subscription page, (2) these Terms, (3) the Data Processing Addendum (DPA), (4) the Privacy Policy, (5) the Acceptable Use Policy (AUP), (6) the Sub-processors list. In case of conflict, the above order prevails.

2. Key definitions

Term	Definition
User	a person authorised by Customer to use the Services.
Customer Data	all data stored or processed via the Services for Customer and Users (including personal data).
Account Information	Account Information includes User Personal Data (such as names, pseudonym, passwords, phone numbers, email addresses), Customer information (such as billing information, usage quotas or limit) and communications between the Customer (or User) and Mammouth support.
Sub-Processor	a provider engaged by Mammouth that may process Customer Data (listed on the Sub-processors page).
Third-Party Provider Services	third-party services used by Mammouth to operate the Services (e.g., model providers) or enabled by Customer.
Usage Data	means information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including information concerning Customer’s and Users’ use of the various features and functionality of the Services and analytics and statistical data derived therefrom, assistant names and one-liner descriptions). Usage Data does not contain any User Content except for messages sent to Mammouth support.

3. Subscription, Term, Renewal

Access is via a subscription defined in the Order Form (the “Subscription Plan”) for a subscription term agreed there. Unless stated otherwise, the subscription auto-renews for the same duration unless either party gives 30 days’ prior written notice. Mammouth may update the Services without materially degrading the current Plan.

4. Access & Support

Subject to payment of Fees, Mammouth grants a non-exclusive, non-transferable, non-sublicensable right to use the Services for Customer’s internal business and by its Users. Email support Monday–Friday: [email protected]

5. Prohibited Use

Customer shall not (and shall not permit others to): (i) resell, rent, or sublicense the Services; (ii) bypass Plan limits; (iii) tamper with security or attempt unauthorised access; (iv) reverse engineer; (v) violate law, third-party rights, or the AUP; (vi) use the Services to build a competing service; (vii) introduce malware, overload, or disrupt the Services. Each User must use unique, non-shared credentials. Customer remains responsible for its Users’ activity.

6. Personal Data & Confidentiality

• Roles: Customer is Controller; Mammouth acts as Processor when processing Customer Personal Data.
• DPA: Mammouth’s DPA applies to such processing in compliance with GDPR.
• Privacy Policy: transparently describes Mammouth’s processing.
• Third-Party/External integrations: when Customer enables third-party integrations (including model providers), data may be transmitted to them as per their functionality; Customer must ensure such transfers comply with applicable laws.
• Unstructured Personal Data. Personal Data might be sent to Mammouth by the Customer. By default, if any Personal Data is transmitted to Mammouth through a Mammouth application, or via API, such Personal Data are considered as Unstructured Personal Data. Customer is solely responsible for ensuring that the processing of Unstructured Personal Data, uploaded to Mammouth’s Services by the Customer or the User, complies with applicable Data Protection Laws.
• Confidentiality: each party protects the other’s confidential information and uses it only to perform the Agreement; disclosures allowed to professional advisers bound by duties and where required by law.

7. Intellectual Property

• Customer Data: remains Customer’s property. Customer grants Mammouth a limited licence to host, process, secure, and operate Customer Data to provide the Services.
• Customer Feedback: may be used freely by Mammouth to improve the Services.
• Usage Data: Mammouth may (i) collect, analyze and otherwise process Usage Data internally for its business purposes, including for the purposes of security and analytics, to improve and enhance the Services, or for other development, diagnostic and corrective purposes in connection with the Services or other Mammouth products or services, and (ii) disclose Usage Data only in an aggregated and/or anonymised form in connection with its business in a manner that does not allow to identify Customer or any of its Users.
• Mammouth IP: the platform, software, documentation, trademarks, and any deliverables remain Mammouth’s property. No rights are granted beyond the usage licence above.

8. Fees, Payments and Taxes

Fees are set out in the Order Form. Unless stated otherwise:

• pre-billing at the start of each period;
• auto-renewal at then-current rates;
• no refunds for partial periods;
• some features are usage-based (overages may require upgrade or may be limited).
• On non-payment, Mammouth may suspend access.
• Prices are exclusive of taxes; Customer pays applicable taxes.

9. Warranties.

• Mutual Warranties. Each party confirms it has the authority to enter into this Agreement and doing so does not breach any other obligations.
• Mammouth Warranties. During the Subscription Term, Mammouth warrants that: (a) the Services will perform substantially as described in the Documentation; and (b) the Agreement reflects appropriate safeguards to protect the security, confidentiality, and integrity of Customer Data. If Mammouth breaches these warranties and Customer notifies Mammouth within 30 days, Mammouth will either (i) fix the Services or (ii) terminate the Agreement and refund unused Fees.
• Customer Warranties. Customer warrants that it: (a) has the rights and consents needed for Mammouth to process Customer Data; (b) will use the Services lawfully and in line with this Agreement; and (c) will comply with the terms of any third-party services it connects to Mammouth.
• Disclaimer. Except as expressly stated above, the Services and Documentation are provided “as is”. Mammouth disclaims all other warranties, express or implied, including non-infringement, merchantability, fitness for purpose, accuracy, or uninterrupted availability.

10. Indemnification

• By Mammouth: defend/indemnify Customer against third-party IP infringement claims arising from the Services, with remedies (licence, modify, replace, pro-rata refund). Usual exclusions apply (misuse, unintended combinations, third-party changes, obsolete versions, Customer Data, third-party services).
• By Customer: defend/indemnify Mammouth for claims relating to Customer Data, unlawful or non-compliant use, or Customer-enabled third-party integrations. Procedure: prompt notice, indemnifying party controls defence, reasonable cooperation.

11. Force Majeure & Hardship

• No party is liable for failure due to a force majeure event. If it lasts 90 days or more, the other party may terminate on notice.
• Hardship (French Civil Code art. 1195): a party may request renegotiation; failing agreement within a reasonable time, either party may terminate without cost.

12. Limitations of Liability

• Unlimited Liability. Nothing in this Agreement limits liability for: (i) death or personal injury caused by negligence; (ii) fraud; (iii) infringement of Mammouth’s intellectual property; (iv) payment obligations; or (v) any liability that cannot be excluded by law.
• Limitations. Neither party is liable for indirect or consequential damages such as loss of profits, revenue, goodwill, data, or system availability.
• Customer Mitigation. Customer is responsible for maintaining backups, monitoring its systems, and reporting issues promptly. Mammouth’s liability for data loss is limited to recovery efforts that would have been possible if Customer had proper backups in place.
• Liability Cap. Except for the cases above, each party’s total liability under this Agreement is capped at 100% of the subscription fees paid (or payable) in the 12 months before the claim. Multiple claims will not increase this cap.
• Risk Allocation. These limits reflect the agreed allocation of risk and are a key basis for the pricing of the Services.

13. Suspension

Mammouth may suspend all or part of the Services (notice as soon as practicable) if: (i) material breach, (ii) risk to service integrity/security or other customers, (iii) legal requirement, or (iv) suspected unauthorised access

14. Term, Termination, Data Return

• The Agreement runs from the Effective Date while subscriptions remain active.
• Termination. Either party may terminate for uncured material breach (30 days), cessation of business, or insolvency proceedings. On termination:
  • access rights end;
  • sections that by nature should survive do survive (payment, confidentiality, IP, liability limits, governing law, etc.).

15. Beta & Free Trials

Under specific circumstances, beta features or free trials may be provided without warranty. If so, they may change or be discontinued at any time. Service levels do not apply by default.

16. Open-Source

Open-source components may be used; their licences apply where required. Mammouth remains responsible for providing the Services.

17. General Provisions

• Governing law / Jurisdiction: French law; courts of Paris, France.
• Assignment: not assignable without prior written consent, except as permitted by law for corporate transactions.
• Independent contractors.
• Severability / Waiver: partial invalidity does not affect the rest; no implied waivers.
• Independent Contractors. The parties agree that each is an independent contractor and neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other party.
• Amendments: Mammouth may update these Terms; continued use constitutes acceptance.
• E-signature accepted.
• Entire Agreement: supersedes prior terms on the same subject.

---

Data Processing Addendum

Between: Mammouth AI (“Processor”), a company incorporated in France, having its registered office in Paris, France. And: The customer identified in the Agreement (“Controller”).

1. Subject Matter and Scope

1.1 This Data Processing Addendum (“DPA”) applies where, and to the extent that, Mammouth processes Customer Personal Data as Processor, on behalf of the Customer acting as Controller, when providing Services under the Agreement.

1.2 In case of conflict between this DPA and the Agreement, this DPA shall prevail with respect to the subject matter of data processing.

2. Roles and Responsibilities

2.1 The Customer acts as Controller, determining the purposes and means of the processing of Customer Personal Data.

2.2 Mammouth acts as Processor, processing Customer Personal Data solely on documented instructions from the Controller.

2.3 Mammouth shall immediately inform the Controller if, in its opinion, an instruction infringes the GDPR or other applicable law.

3. Confidentiality

3.1 Mammouth ensures that persons authorised to process Customer Personal Data are bound by confidentiality obligations.

3.2 Access to Customer Personal Data is strictly limited to individuals who require such access to fulfil the Agreement.

4. Sub-processors

4.1 The Controller authorises Mammouth to engage sub-processors for the performance of the Services.

4.2 The current list of sub-processors is maintained in Mammouth’s Terms & Conditions, which form part of the Agreement.

4.3 Mammouth shall inform the Controller of any intended addition or replacement of sub-processors and provide the opportunity to object if justified.

5. Security Measures

5.1 Mammouth implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, as required by Article 32 GDPR. These include, but are not limited to:

• Encryption of data in transit and at rest.
• Strict access control and authentication.
• Logging, monitoring, and regular security audits.
• Backup and disaster recovery procedures.

6. Assistance to the Controller

6.1 Mammouth shall assist the Controller in responding to requests from data subjects exercising their rights under GDPR (including access, rectification, erasure, restriction, portability, and objection).

6.2 Mammouth shall assist the Controller with obligations relating to data security, breach notifications, and Data Protection Impact Assessments (DPIAs).

7. International Data Transfers

7.1 Customer Personal Data is primarily stored and processed within the European Economic Area (EEA).

7.2 Where transfers outside the EEA are required, Mammouth ensures adequate safeguards are in place, including the European Commission’s Standard Contractual Clauses (SCCs) or equivalent approved mechanisms.

8. Audit Rights

8.1 Upon reasonable request, Mammouth shall make available information necessary to demonstrate compliance with this DPA.

8.2 Mammouth may satisfy this obligation by providing third-party audit reports, certifications, or equivalent documentation.

9. Duration and Termination

9.1 This DPA remains in force for the duration of the Agreement.

9.2 Upon termination of the Agreement, Mammouth shall delete or return Customer Personal Data in accordance with its Privacy Policy and applicable laws.

10. Governing Law and Jurisdiction

10.1 This DPA is governed by and construed in accordance with French law.

10.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of Paris, France.

---

Acceptable Use Policy (AUP)

Mammouth AI SAS (“Mammouth”, “we”, “our”, “us”) provides its software-as-a-service platform to help teams and individuals work better. This Acceptable Use Policy (the “Policy”) sets out the rules for using our Services.

This Policy is incorporated into the terms governing your subscription. By using the Services, you agree to comply with it. Capitalized terms not defined here have the meaning given in the applicable agreement (Master Services Agreement or Personal Use Terms).

1. Prohibited Content

You and your Users must not use the Services to access, store, distribute, or transmit any material that:

• is unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise offensive;
• depicts sexually explicit images or promotes unlawful violence;
• is discriminatory based on race, gender, religion, sexual orientation, disability, or similar protected status.

2. Prohibited Uses

You and your Users must not:

• copy, modify, duplicate, create derivative works from, republish, or distribute any part of the Services;
• decompile, reverse engineer, or otherwise attempt to extract source code from the Services;
• use the Services to build or promote a competing product or service;
• resell, license, rent, lease, or otherwise make the Services available to third parties except as expressly permitted;
• attempt unauthorized access to the Services or assist others in doing so;
• use the Services for unlawful, fraudulent, invasive, infringing, or defamatory purposes (including phishing, spam, or pyramid schemes);
• interfere with or disrupt the Services, their infrastructure, or other users;
• disable, circumvent, or tamper with any security or access controls;
• use the Services in violation of Mammouth’s applicable terms of use.

3. Enforcement

We may investigate suspected violations of this Policy. If we reasonably believe a violation has occurred, we may suspend or terminate access to the Services without liability, in addition to any other remedies available under the Agreement.

---

ANNEX. List of Sub-Processors

SubProcessor	Activity	Location of data storage or processing
Google Cloud Platform	Hosting	EU
Cloudflare	Hosting	Worldwide
OpenAI	Processing and generating	USA / EU
Anthropic	Processing and generating	USA
Mistral AI	Processing and generating	EU
Google	Processing and generating	USA / EU
Fireworks AI	Processing and generating	USA
Sendinblue	Emailing	EU (France)
Resend	Emailing	USA
Stripe	Payment Processor	USA