These terms apply to the Device Agent free trial and subscription. They are completed by the Phone policy, which is an integral part of them. They are accepted expressly, with a checkbox, before the free trial starts.
1. Purpose
These Terms of sale govern the sale, by Ethan Morisset (the “Seller”), of a monthly subscription to a service providing dedicated physical phones, each with its own SIM card and its own number, that the customer has an artificial intelligence agent use (the “Service”). Any subscription, including to the free trial, implies full and unreserved acceptance of these Terms.
2. Seller
- Ethan Morisset, sole proprietor (French auto-entrepreneur)
- 107 rue Ambroise Croizat, 94800 Villejuif, France
- SIREN: 105 136 501, SIRET: 105 136 501 00019
- VAT not applicable, article 293 B of the French Tax Code (VAT exemption scheme)
- Contact: contact@maestrodeck.cloud
3. The Service
For each phone rented (the “Phone”), the Service includes: a physical device dedicated to the customer for the whole subscription, a SIM card and a phone number, receiving and sending SMS, using mobile apps on the device, and access through the console, an API and an MCP server.
As of today, voice calls are not available. The Seller does not guarantee that a third-party website or service accepts the Phone's number, nor that an SMS is delivered, which depends on operators and sending services.
The number of Phones is limited. If no Phone is available when the customer subscribes, the Service is not provided and nothing is charged.
4. Price
The price is 19 € per Phone per month (launch price). Prices are in euros and, under article 293 B of the French Tax Code, are exclusive of VAT. The Seller may change its prices for the future; any change is notified to the customer at least thirty (30) days before it applies, and the customer may cancel before that date at no cost. The applicable price is the one in force at each renewal.
5. Free trial
- The free trial lasts 7 days and covers one Phone only. It is limited to one trial per customer.
- A bank card is required to start the trial. It is verified with a 0.50 € authorization that is not charged and is cancelled right away. Nothing is charged during the trial.
- Unless the customer cancels before the trial ends, the paid subscription continues automatically: the card is charged 19 € when the trial ends, then every month.
- The customer may cancel at any time during the trial from the console. They then keep the Phone until the trial ends and are never charged.
- Additional Phones are not part of the trial and can only be added once it has ended.
- The Seller may refuse the trial if abuse is suspected (multiple accounts, different cards used to obtain several trials).
6. Subscription, term and cancellation
The subscription is entered into for one month and is renewed automatically each month on the anniversary date matching the end of the trial. It has no commitment: the customer may cancel at any time from the console. Cancellation takes effect at the end of the current, already paid, monthly period, during which the customer keeps the use of their Phone(s). There is no pro rata refund of the current period. When the subscription ends, the Phones are taken back and wiped.
7. Additional Phones
- Once the trial has ended, the customer may add Phones from the console, at 19 € per Phone per month.
- A Phone added during a month is charged immediately, pro rata for the time left until the next renewal (with a minimum of 0.50 €), so that all Phones renew on the same day.
- The customer may return a Phone at any time. It is taken back and wiped immediately, with no refund of the current month, and the next renewal is reduced by its price. The last Phone cannot be returned: the customer then cancels the subscription.
8. Payment
Payment is made by bank card through our provider Stancer (ILIAD 78, SAS), a French payment institution approved by the ACPR. The Seller never has access to the customer's full card details. By subscribing, the customer authorizes the saving of their card and the recurring charges corresponding to their subscription. The customer may be asked to authenticate with their bank (3-D Secure).
If a charge fails, the Seller retries after 1, 3 and then 5 days, during which access is kept. The customer can replace their card from the console, which triggers an immediate new attempt. If payment remains impossible, the subscription ends and the Phones are taken back, without prejudice to any sums still due.
9. Right of withdrawal
A consumer customer has fourteen (14) days from the conclusion of the contract, that is from the start of the free trial, to exercise their right of withdrawal without giving a reason, in accordance with article L221-18 of the French Consumer Code.
By starting the trial, the customer expressly asks for the Service to be provided immediately, before the withdrawal period ends. If they withdraw after having been charged, they only owe the amount corresponding to the period during which the Service was provided, until they communicated their decision, calculated pro rata to the subscription price (article L221-25 of the French Consumer Code). Any excess is refunded within fourteen (14) days, to the payment method used.
To withdraw, the customer sends an unambiguous statement to contact@maestrodeck.cloud. A professional customer acting within their business does not have this right.
10. Suspension and termination by the Seller
The Seller may immediately suspend the Service, take back the Phone(s) and terminate the subscription in case of breach of the Phone policy or of these Terms, in particular in case of unsolicited messages, fraud or unlawful use, without refund of the current period where the breach is serious. The applicable sanctions are detailed in the Phone policy.
11. Refunds
Apart from the right of withdrawal and legal cases (lack of conformity), no refund is granted, except where a lasting unavailability of the Phone, attributable to the Seller, prevents use of the Service: the Seller then replaces the Phone or refunds the period concerned pro rata. Any request is sent to contact@maestrodeck.cloud.
12. Invoicing
The Seller issues an invoice for each payment, which it sends to the customer on request at contact@maestrodeck.cloud. It bears the mention “TVA non applicable, art. 293 B du CGI”.
13. Liability
The Service is provided “as is”. The Seller uses reasonable means to keep it available, with no service level commitment, and cannot be held liable for unavailability caused by force majeure, maintenance, or a failure of the host, the mobile operator or another subcontractor. The customer remains solely responsible for how their agent uses the Phone, as set out in the Phone policy. The Seller's liability is, in any case, limited to the amount paid by the customer over the last twelve (12) months, except in case of gross negligence or wilful misconduct, and without prejudice to consumer rights.
14. Personal data
The processing of personal data is described in the privacy policy.
15. Complaints and mediation
Any complaint must be sent to contact@maestrodeck.cloud. Failing an amicable resolution, a consumer customer may use a consumer mediator free of charge, in accordance with articles L611-1 et seq. of the French Consumer Code. They may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.
16. Governing law and jurisdiction
The Service is published from France. These Terms, and any contract concluded through the Service, are governed by French law, whatever the customer's nationality or residence.
In accordance with article 6 of Regulation (EC) No 593/2008 (Rome I), a consumer customer habitually resident in another EU Member State also benefits, in addition to French law, from the mandatory consumer protection provisions of their country of residence where these are more favourable.
Failing an amicable resolution, any dispute falls under the jurisdiction of the French courts, subject to the mandatory jurisdiction rules applicable to consumers residing in the European Union (article 18 of the Brussels I bis Regulation).