Terms of use | Hellia

1. WHO WE ARE

The Hellia platform (the "Service") is provided by HELL OUT, a single-member limited liability company (entreprise unipersonnelle à responsabilité limitée, EURL) organised under French law, registered with the Trade and Companies Register (RCS) of Paris under number 881 415 269, intra-Community VAT number FR17881415269, with a share capital of EUR 1,000, whose registered office is at 34 rue Sedaine, 75011 Paris, France, operating under the trade names "Hello Escape" and "Hellia" ("Hellia", "we", "us", "our").

Legal representative (gérant): Laurent Malakouti Contact: laurent@hello-escape.com

2. DEFINITIONS

"Service" The Hellia platform, accessible in particular at app.hellia.ai, including its AI-powered conversation simulations, training courses ("Trainer AI"), quizzes ("Quiz AI"), podcasts, analytics dashboards, and any related features, applications and interfaces.

"Customer" The organisation (for example your employer, or a training partner acting for your employer) that has entered into an agreement with Hellia giving its personnel access to the Service.

"Customer Agreement" The agreement under which Hellia provides the Service to the Customer, whatever its form (master agreement, order form, signed quote, or engagement contract), governing the Customer's subscription to the Service (including price, scope, service levels and data processing terms).

"User", "you" The natural person who accesses the Service under a Customer's account as an authorised user.

"User Content" Any content you submit to the Service: documents and files you import, text you type (including authoring prompts and typed chat messages), and anything you say during a voice session.

"AI Output" Content generated by an artificial-intelligence system within the Service, including AI persona responses, generated courses, quizzes and podcasts, and AI-generated scores and feedback.

3. ACCEPTANCE OF THESE TERMS

3.1 These Terms of Use (the "Terms") govern your access to and use of the Service as a User. By creating or activating an account, logging in, or otherwise using the Service, you confirm that you have read, understood and accepted these Terms.

3.2 If you do not accept these Terms, you must not use the Service.

3.3 The Service is intended for professional training use by Users acting in the course of their professional activity. It is not directed at consumers. If, notwithstanding the foregoing, mandatory consumer protection rules apply to you, nothing in these Terms limits rights you hold under those rules.

4. RELATIONSHIP WITH THE CUSTOMER AGREEMENT

4.1 Your access to the Service is provided under, and conditional upon, the Customer Agreement between Hellia and your Customer. Commercial matters (including subscription scope, fees, service levels, data processing and security commitments) are governed by the Customer Agreement, not by these Terms.

4.2 In the event of a conflict between these Terms and the Customer Agreement with respect to the rights and obligations of the Customer, the Customer Agreement prevails. These Terms prevail with respect to your individual conduct as a User.

4.3 Your Customer may have its own internal policies governing your use of the Service (for example, instructions on what content may be imported). You are responsible for complying with them; they bind you towards your Customer and do not bind Hellia.

5. ELIGIBILITY AND ACCOUNTS

5.1 You may use the Service only if you are at least 18 years old and have been authorised by a Customer (for example, invited by your organisation's administrator).

5.2 Accounts are individual and nominative. Authentication is operated through Microsoft Entra External ID. You must keep your credentials confidential, must not share your account, and must not access the Service using someone else's account.

5.3 You must promptly notify your organisation's administrator and Hellia at laurent@hello-escape.com if you suspect any unauthorised use of your account.

5.4 Your access rights within the Service (the features you can use and the data you can see) are determined by the role assigned to you by your Customer (for example user, administrator, or partner roles) and by the features licensed under the Customer Agreement.

6. DESCRIPTION OF THE SERVICE

6.1 Hellia is an AI-powered conversation-simulation and skills-training platform. Depending on the features licensed by your Customer, the Service allows you in particular to:

(a) practise real-time voice or text conversations with AI personas ("Simulations"); (b) follow interactive training courses, which may be generated from documents provided by your organisation ("Trainer AI"); (c) take knowledge assessments ("Quiz AI"); (d) listen to and interact with generated audio content ("Podcasts"); (e) view your own progress, scores and AI-generated feedback in analytics dashboards.

6.2 Authorised managers and administrators of your organisation can view individual session results within your organisation (including your scores, per-criterion AI feedback, session duration and completion status) through role-restricted dashboards, and may share them for legitimate purposes, for example with human resources. The use your organisation makes of these results is the responsibility of your organisation as data controller (see Section 12).

6.3 The Service evolves. We may add, modify or withdraw features, provided that changes affecting the Customer's subscription are handled in accordance with the Customer Agreement.

7. INTERACTION WITH ARTIFICIAL INTELLIGENCE

7.1 AI disclosure. The conversational personas, evaluators and content generators in the Service are artificial-intelligence systems. You are interacting with an AI, not a human, whenever the interface identifies a feature as AI ("Persona IA", "AI feedback", and similar labels).

7.2 Nature of AI Output. AI Output is generated automatically by machine-learning models. It can be inaccurate, incomplete, outdated or inappropriate despite our safeguards. AI Output, including scores and feedback on your performance, is provided for training and development purposes only. It does not constitute professional advice (legal, medical, financial or otherwise) and should not be relied upon as such.

7.3 Human oversight. AI-generated assessments are intended to be subject to human review: your organisation is responsible for ensuring that they are not used as the sole basis for decisions concerning you without human review. If you believe an AI assessment of your performance is wrong or unfair, raise it with your organisation, which controls how assessments are used.

7.4 AI providers. AI processing is performed by third-party model providers (in particular Google and Microsoft, depending on configuration), acting as sub-processors under data-processing agreements. See Section 13 and the Privacy Policy.

8. VOICE SESSIONS AND MICROPHONE USE

8.1 With your permission, voice Simulations capture your microphone in the browser and stream the audio in real time directly to the AI provider in order to hold the conversation. A text transcript may be produced during the session to enable the conversation and the post-session evaluation.

8.2 Hellia does not record or store your voice, and does not store the transcript of your conversation. After a session, only a numeric score, session metadata (such as duration and completion) and the AI's per-criterion commentary on your performance are stored. The audio and the transcript are never stored. Hellia performs no speaker identification, voiceprint, emotion or stress analysis.

8.3 You are not required to use your microphone. Written interaction is available for certain features (such as Trainer and Podcast question-and-answer), and a written mode for Simulations can be made available to your organisation on request.

8.4 Because your speech is processed in real time, it cannot be filtered before it reaches the AI provider. Do not speak sensitive personal data aloud during a session (see Section 9.3).

9. ACCEPTABLE USE

9.1 You agree to use the Service only for its intended professional training purpose, in compliance with applicable law and these Terms.

9.2 You must not: (a) use the Service for any unlawful, harmful, defamatory, harassing, discriminatory or fraudulent purpose; (b) attempt to gain unauthorised access to the Service, other users' data, or the systems supporting the Service, or probe, scan or test their vulnerability without written authorisation; (c) interfere with or disrupt the integrity or performance of the Service, or impose an unreasonable load on it; (d) reverse engineer, decompile or disassemble any part of the Service, except to the extent such restriction is prohibited by law; (e) copy, resell, sublicense or otherwise make the Service available to any third party, or use it to build a competing product; (f) use the Service or AI Output to develop or train other AI models; (g) attempt to manipulate AI systems into producing content that violates these Terms, or to extract model weights, system prompts or confidential mechanisms; (h) impersonate any person or misrepresent your affiliation.

9.3 Personal and sensitive data in your inputs. The Service is not intended for the processing of sensitive ("special category") personal data. You must not deliberately submit, whether by voice, text or document import, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, genetic or biometric data, or data concerning health, sex life or sexual orientation, whether yours or anyone else's. More generally, do not include personal data of third parties in imported documents and prompts unless your organisation has authorised it; we recommend, and your organisation may require, that imported content be anonymised before import.

9.4 Rights in imported content. You must hold, or have obtained from your organisation, all rights necessary to import the content you submit (including copyright and database rights), and you warrant that your User Content does not infringe the rights of any third party.

9.5 We may suspend or restrict your access in the event of a breach of this Section 9, as described in Section 15.

10. USER CONTENT

10.1 You (or your organisation, as applicable) retain all intellectual property rights in User Content. Hellia acquires no ownership of it.

10.2 You grant Hellia, for the duration of your use of the Service, a non-exclusive, worldwide licence to host, reproduce, process, adapt and transmit User Content solely to the extent necessary to provide, secure and support the Service for your Customer, including transmitting it to the AI providers referred to in Section 13 in order to generate the requested output.

10.3 Hellia does not use User Content to train or fine-tune AI models, and does not permit its AI sub-processors to use Customer content for training or product improvement under the applicable agreements.

10.4 Content retention and deletion are governed by the Customer Agreement and the Privacy Policy. When content is deleted from the Service, Hellia deletes the associated stored files (such as source documents and generated audio).

11. INTELLECTUAL PROPERTY OF THE SERVICE

11.1 The Service, including its software, interfaces, design, trademarks ("Hellia", "Hello Escape") and all underlying technology, is and remains the exclusive property of Hellia and its licensors. These Terms grant you only a personal, non-exclusive, non-transferable right to use the Service in accordance with these Terms for as long as you are an authorised User.

11.2 Rights in AI Output generated for your organisation (such as generated courses, quizzes and podcasts) are allocated by the Customer Agreement. Within your organisation you may use AI Output for the internal training purposes for which it was generated.

11.3 If you send us suggestions or feedback about the Service, you grant us the right to use them without restriction or compensation.

12. PERSONAL DATA AND PRIVACY

12.1 Hellia processes personal data in connection with the Service as described in the Privacy Policy, available within the Service.

12.2 For data processed in the context of your organisation's use of the Service (your profile, session results, AI feedback and imported content), your organisation is in principle the data controller and Hellia acts as processor on its behalf. To exercise your rights of access, rectification, erasure and the other rights provided by the GDPR, contact your organisation in the first instance; Hellia will assist it in responding, including by providing a copy of your stored data and deleting it on instruction.

12.3 Key processing facts are summarised in Sections 7 and 8: no voice recordings or conversation transcripts are stored; stored data is limited to profile data, imported content and prompts, session metadata, scores and AI feedback commentary; hosting is on Microsoft Azure in the European Union.

13. THIRD-PARTY SERVICES

13.1 The Service relies on third-party providers, in particular: Microsoft Azure (hosting, identity, e-mail, speech services), Google (Gemini models for conversation, generation and evaluation), and, for certain content-generation features, Gamma (slide generation) and CloudConvert (file conversion). These providers act under contracts with Hellia, including data-processing agreements where they process personal data.

13.2 The list of sub-processors applicable to your organisation, and the applicable transfer mechanisms where relevant, are documented under the Customer Agreement and the Privacy Policy.

14. AVAILABILITY, SUPPORT AND CHANGES TO THE SERVICE

14.1 We endeavour to keep the Service available and performant, but the Service is provided without an availability commitment to Users. Service-level commitments, if any, are made to the Customer under the Customer Agreement.

14.2 Access may be temporarily interrupted for maintenance, updates, security reasons, or causes outside our reasonable control. Where reasonably possible, planned maintenance is communicated to the Customer.

14.3 Support is provided to Users through the Customer's designated administrators and the channels defined in the Customer Agreement.

15. SUSPENSION AND TERMINATION

15.1 Your right to use the Service ends automatically when you cease to be an authorised user of the Customer (for example if your organisation deactivates your account) or when the Customer Agreement expires or is terminated.

15.2 We may suspend or terminate your access, with notice where practicable, if (a) you materially breach these Terms, including Section 9; (b) suspension is necessary to protect the security or integrity of the Service or other users; or (c) we are required to do so by law. Where the breach can be remedied, we will normally inform the Customer and allow a reasonable opportunity to remedy it before terminating access.

15.3 Upon termination of your access, your licence under Section 11.1 ends. The handling of stored data upon termination (return, retention, deletion) is governed by the Customer Agreement and the Privacy Policy.

16. DISCLAIMERS

16.1 The Service is provided "as is" and "as available" to Users. To the extent permitted by law, Hellia makes no warranty to Users that the Service will be uninterrupted, error-free or fit for a particular purpose, or that AI Output will be accurate or complete (see Section 7.2).

16.2 Hellia is bound by an obligation of means (obligation de moyens) with respect to the provision of the Service to Users.

17. LIABILITY

17.1 Nothing in these Terms excludes or limits Hellia's liability where such exclusion or limitation is prohibited by applicable law, including liability for wilful misconduct (dol) or gross negligence (faute lourde), or for death or personal injury caused by its fault.

17.2 Subject to Section 17.1, Hellia shall not be liable to a User for: (a) indirect or consequential losses, including loss of profits, loss of data not caused by Hellia's breach, or reputational harm; (b) decisions made by the Customer or any employer on the basis of scores, AI feedback or analytics produced by the Service; such decisions are made under the Customer's responsibility, with the human oversight described in Section 7.3; (c) failures attributable to the User's equipment, network, or misuse of the Service; (d) force majeure as defined by Article 1218 of the French Civil Code.

17.3 Subject to Section 17.1, Hellia's aggregate liability to a User under these Terms shall not exceed EUR 100 (one hundred euros) per calendar year. This cap does not affect any rights of the Customer under the Customer Agreement, nor any rights you may hold directly under data protection law.

17.4 You are responsible for the User Content you submit and for your breach of Section 9, and you will indemnify Hellia against third-party claims arising from them, except to the extent caused by Hellia's fault.

18. CHANGES TO THESE TERMS

18.1 We may amend these Terms, in particular to reflect changes in the Service, in law, or in our providers. The current version is available within the Service and indicates its effective date.

18.2 Material changes will be notified through the Service or to the Customer with reasonable advance notice. Your continued use of the Service after the effective date of the amended Terms constitutes acceptance of them. If you do not accept the amended Terms, you must stop using the Service.

19. GENERAL PROVISIONS

19.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision reflecting its intent as closely as possible.

19.2 No waiver. A failure by Hellia to enforce a provision of these Terms is not a waiver of its right to do so later.

19.3 Assignment. You may not assign your rights or obligations under these Terms. Hellia may assign them in connection with a merger, acquisition or transfer of business, subject to the Customer Agreement.

19.4 Entire terms. These Terms, together with the Privacy Policy and any notices presented in the Service, constitute the entire agreement between you and Hellia regarding your individual use of the Service, without prejudice to the Customer Agreement.

19.5 Language. These Terms are drawn up in French and in English. In case of discrepancy, the French version prevails.

20. GOVERNING LAW AND JURISDICTION

20.1 These Terms are governed by French law.

20.2 Any dispute relating to their validity, interpretation or performance shall, after an attempt at amicable resolution, be submitted to the competent courts of Paris, subject to mandatory rules of jurisdiction applicable to the User (in particular where the User benefits from protective jurisdiction rules, such as those applicable to employees or consumers, which these Terms do not displace).

21. CONTACT

For any question regarding these Terms: laurent@hello-escape.com

HELL OUT (EURL), trading as Hellia / Hello Escape RCS Paris 881 415 269, VAT FR17881415269 34 rue Sedaine, 75011 Paris, France