Terms of Service
Last updated : April 28, 2026
Publisher: Fabrik. Service concerned: https://www.fabrik.so and https://app.fabrik.so, all features of the Fabrik Service. Document no.: 2/10 of the Fabrik contractual corpus. Version: 2.0. Effective date: April 28, 2026. Last update: April 28, 2026. The French version is the authoritative one — translations into any other language are provided for information only.
DETAILED TABLE OF CONTENTS
Preamble
Article 1 — Definitions
Article 2 — Purpose and scope
Article 3 — Contractual documents and order of priority
Article 4 — Acceptance of the ToS and procedures
Article 5 — Capacity to contract
Article 6 — Access to the Service — prior technical conditions
Article 7 — Account creation, management and ownership
Article 8 — Credentials, authentication and Account security
Article 9 — Functional description of the Fabrik Service
Article 10 — Free Discovery plan and evaluation period
Article 11 — Subscriptions and paid plans — reference to the GTCS
Article 12 — Service usage licence granted to the User
Article 13 — General obligations of the User
Article 14 — Prohibited uses — reference to the AUP
Article 15 — User Content — ownership, responsibility, licence
Article 16 — Publisher intellectual property — recap and supplements
Article 17 — Personal data — reference to the Privacy Policy
Article 18 — Cookies and trackers — reference to the Cookies Policy
Article 19 — Service levels — reference to the SLA
Article 20 — Maintenance and scheduled unavailability
Article 21 — Service evolution and updates
Article 22 — Subcontracting and third-party providers
Article 23 — Account suspension
Article 24 — Account termination by the User
Article 25 — Account termination by the Publisher
Article 26 — Consequences of termination
Article 27 — Data portability and reversibility
Article 28 — Publisher liability — exclusions and limitations
Article 29 — User's own professional liability
Article 30 — Indemnification by the User
Article 31 — Warranties — "AS IS / AS AVAILABLE" exclusion
Article 32 — Force majeure
Article 33 — Confidentiality
Article 34 — Mutual non-solicitation
Article 35 — Export control, international sanctions, anti-corruption, anti-money-laundering
Article 36 — Unilateral modification of the ToS
Article 37 — Term
Article 38 — Assignment
Article 39 — Severability, non-waiver, entire agreement, survival
Article 40 — Languages
Article 41 — Notifications
Article 42 — Evidence, archiving, evidence agreement
Article 43 — Dual acceptance mechanism (browsewrap / clickwrap)
Article 44 — Prior mediation and ODR platform
Article 45 — Governing law
Article 46 — Competent jurisdiction and optional arbitration
Article 47 — Complaints and customer service
Article 48 — Contact details
Article 49 — Version history
Annex A — Plain language summary
Annex B — Summary table of obligations and rights by User profile
PREAMBLE
These Terms of Service (the "ToS") define the terms and conditions under which the Publisher Fabrik (the "Publisher") makes available to any user, whether a simple visitor, free-trial user, Consumer User or Professional User (the "User" or, collectively, the "Users"), the service accessible at https://www.fabrik.so and https://app.fabrik.so and their subdomains (the "Service" or the "Platform").
The Service notably allows the creation, editing, exporting, storage and updating of evacuation plans, intervention plans, SSI plans and more generally safety plans compliant with applicable standards, in particular ISO 7010, ISO 23601 and NF X 08-070, primarily intended for Public Access Establishments ("ERPs"), the managers of these establishments, fire-safety companies, specialised design offices, health-and-safety coordinators and any natural or legal person bound by a regulatory obligation to display or design such plans.
These ToS complement, without substituting for or excluding them, the other documents of the Fabrik contractual corpus, in particular: the Legal Notice, the B2C General Terms and Conditions of Sale, the B2B General Terms and Conditions of Sale, the Privacy Policy, the Cookies and Trackers Policy, the Data Processing Agreement (DPA), the Service Level Agreement (SLA), the Acceptable Use Policy (AUP) and the Security and Incident Management Policy.
Access to, consultation of or use of the Service, even without registration, entails full, unreserved and irrevocable acceptance by the User of these ToS in their version in force on the day of such use. A User who does not accept these ToS is invited to immediately cease all access to and use of the Service.
ARTICLE 1 — DEFINITIONS
Capitalised terms used in these ToS have the meaning attributed to them below, without prejudice to additional definitions in the other documents of the Fabrik contractual corpus.
1.1. "Subscription": refers to a User's subscription to a paid plan, in accordance with the procedures set out in the applicable General Terms and Conditions of Sale.
1.2. "Administrator": refers, in the case of an organisational Account, to the User designated by the subscribing entity to manage Account settings, administer guest Users and control access.
1.3. "API": any application programming interface exposed by the Publisher allowing a third-party system to interact with the Service.
1.4. "AUP": the Acceptable Use Policy, a separate document listing prohibited uses of the Service.
1.5. "Account": the secure personal space created by the User allowing them to access the features of the Service.
1.6. "User Content": any content, data, information, plan, drawing, annotation, comment, opinion, illustration, architecture file (DWG, DXF, PDF, PNG, JPEG, etc.), exported file (PDF, PNG, SVG) or of any other nature, uploaded, entered, transmitted, stored, generated or exported by the User by means of the Service.
1.7. "Publisher Content": all textual, graphic, software, algorithmic, iconographic, database or other elements made available on the Site by the Publisher.
1.8. "GTCS": the General Terms and Conditions of Sale, which exist in two distinct versions: B2C GTCS (Consumer Users) and B2B GTCS (Professional Users).
1.9. "DPA": the Data Processing Agreement governing the processing of Personal Data carried out by the Publisher on behalf of the Professional User acting as a data controller.
1.10. "Personal Data": has the meaning given to it in Article 4(1) of the GDPR.
1.11. "Applicable Law": all legislative, regulatory, normative, jurisprudential and doctrinal provisions applicable to these ToS, including French law, European Union law and, where applicable, any other national law made applicable by a conflict-of-laws rule.
1.12. "Publisher": Fabrik, fully identified in the Legal Notice.
1.13. "ERP": Public Access Establishment, within the meaning of Article R. 143-2 of the French Construction and Housing Code.
1.14. "Free Trial": the Service evaluation period offered by the Publisher under the conditions specified in Article 10 hereof.
1.15. "Feature": any characteristic, tool, module or capability of the Service, in its configuration in force on the day in question.
1.16. "Credentials": the authentication elements allowing the User to access their Account, in particular email address and password, as well as, where applicable, API tokens, authentication keys, secondary factors (OTP, TOTP, WebAuthn, etc.).
1.17. "AI": the artificial-intelligence systems integrated into the Service, in particular for the automatic conversion of architect plans, the detection of safety devices, the placement of pictograms and design assistance.
1.18. "Invitation": the sending by an Administrator, via the Service, of a link or access code allowing a third party to join an organisational Account.
1.19. "Business Day": any day of the week other than Saturday, Sunday or a legal public holiday in mainland France.
1.20. "Calendar Day": any day of the Gregorian calendar, including Saturdays, Sundays and public holidays.
1.21. "Notification": any communication made in accordance with the procedures provided for in Article 41.
1.22. "Parties": refers collectively to the Publisher and the User; in the singular, "Party" refers to either of them.
1.23. "Plan": refers to any graphic document produced, edited or exported by means of the Service, whether an evacuation plan, an intervention plan or any other safety plan.
1.24. "GDPR": Regulation (EU) 2016/679.
1.25. "Service" or "Platform": all features, tools, algorithms, interfaces, AI models, pictogram libraries, plan templates, export capabilities and any other service made available by the Publisher via the Site.
1.26. "Site": https://www.fabrik.so, https://fabrik.so, https://app.fabrik.so and their subdomains.
1.27. "SLA": the Service Level Agreement, a separate document defining availability commitments.
1.28. "Processor": within the meaning of Article 4(8) of the GDPR for processing of Personal Data, or within the meaning of the Civil Code for technical services.
1.29. "User": any natural or legal person accessing, consulting or using the Service in any capacity whatsoever.
1.30. "Consumer User": any natural person acting for purposes outside their commercial, industrial, craft, liberal or agricultural activity, within the meaning of the introductory article of the French Consumer Code.
1.31. "Professional User": any User who is not a Consumer User, including any legal person or natural person acting for professional purposes, as well as any administration, association, local authority or public establishment acting within the framework of its missions.
1.32. "Guest User": natural person who joined an organisational Account through an Invitation, whose rights are limited by the parameters defined by the Administrator.
1.33. "Visitor": any person accessing the Site without an Account.
The titles of articles, paragraphs and sub-paragraphs are provided for ease of reading and may not in any way be used to interpret the provisions.
ARTICLE 2 — PURPOSE AND SCOPE
2.1. Purpose. These ToS are intended to define the conditions under which the Publisher makes the Service available to the User, the reciprocal rights and obligations of the Parties, and the rules for using the Service.
2.2. Scope. These ToS apply:
a) to any access to the Site, whether or not authenticated;
b) to any use of the Service, whatever the modality (free Discovery plan, paid subscription, business plan, invitation to a third-party Account);
c) to any access via API, connector, third-party integration or automated agent attributable to human action;
d) to any interaction with support, the sales team, sharing or messaging features that may be activated;
e) to any User, regardless of nationality or residence, subject to more protective rules of Applicable Law.
2.3. Articulation with other documents. These ToS combine with the other documents of the Fabrik corpus. The articulation rules are specified in Article 3.
2.4. Application over time. These ToS take effect upon their acceptance by the User and until the expiry of the surviving obligations referred to in Article 39.
ARTICLE 3 — CONTRACTUAL DOCUMENTS AND ORDER OF PRIORITY
3.1. Documents forming the contractual relationship. The contractual relationship between the Publisher and the User is constituted, in order of integration, of the following documents:
a) these ToS;
b) the General Terms and Conditions of Sale applicable according to the User's profile (B2C GTCS or B2B GTCS);
c) the Legal Notice;
d) the Privacy Policy;
e) the Cookies and Trackers Policy;
f) the AUP;
g) the SLA;
h) the Security Policy;
i) for Professional Users acting as a data controller: the DPA;
j) any purchase order, signed quote, subscription form, or special condition expressly accepted by both Parties.
3.2. Order of priority in case of contradiction. In the event of contradiction between the documents above, the order of decreasing priority is as follows:
i) special conditions expressly accepted by both Parties (point j) above);
ii) DPA where applicable (for matters relating to Personal Data processed on behalf of the User);
iii) applicable GTCS;
iv) these ToS;
v) Privacy Policy;
vi) Cookies Policy;
vii) SLA;
viii) AUP;
ix) Security Policy;
x) Legal Notice.
3.3. Consistency clause. In the event of unresolved residual divergence, the most protective provision for the Consumer User shall prevail in their favour, in accordance with Article L. 211-1 of the French Consumer Code. For the Professional User, the most specific provision shall prevail over the most general one.
ARTICLE 4 — ACCEPTANCE OF THE TOS AND PROCEDURES
4.1. Browsewrap acceptance. Access to the Site or consultation of the Service, even without creating an Account, automatically entails acceptance of these ToS in their version in force on the day of such access.
4.2. Clickwrap acceptance. When creating an Account, the User is invited to expressly accept the ToS by ticking a separate checkbox prior to validating their registration. This acceptance is recorded with a timestamp including at least: the version of the ToS accepted, the date and time of acceptance (UTC), the User's IP address, the user agent, the Account identifier, and where applicable the URL of the page used for acceptance.
4.3. Cumulation of mechanisms. The two mechanisms above are cumulative, not substituted for one another. The fact of not expressly ticking the box provided for in Article 4.2 does not exempt a User who consults or uses the Service from tacit acceptance by browsewrap.
4.4. Acceptance on behalf of another. The natural person who accepts the ToS in the name and on behalf of a legal person (Professional User) declares and warrants that they have the power required to bind that legal person, and engages their personal liability in this respect.
4.5. Refusal. A User who refuses, in whole or in part, these ToS is invited to immediately cease all access to and use of the Service.
ARTICLE 5 — CAPACITY TO CONTRACT
5.1. General requirement. The User declares and warrants that they have full legal capacity to conclude these ToS, that they are not under a protection regime (except with the authorisation of the legal representative or guardian), and that they are not subject to any civil or commercial incapacity that would prevent the conclusion of these terms.
5.2. Minors. The Service is not intended for minors. The Publisher does not knowingly accept the creation of an Account by a natural person under sixteen (16) years of age (threshold lowered to fifteen (15) for France pursuant to Article 7-1 of the French Data Protection Act). Registration of a minor requires, in all cases, the verifiable consent of the holder of parental authority. The Publisher reserves the right to close, without notice, any Account created in violation of this article.
5.3. Legal persons. A legal person may hold an Account. The Administrator designated by the legal person acts in the name and on behalf of the latter within the limits of the powers conferred upon them. Any action taken by an Administrator or Guest User attached to an organisational Account is deemed to have been taken on behalf of the legal-person holder.
ARTICLE 6 — ACCESS TO THE SERVICE — PRIOR TECHNICAL CONDITIONS
6.1. Required equipment and software. Access to the Service requires, at the User's sole expense: recent IT equipment (computer, tablet or smartphone); a stable broadband internet connection; an up-to-date modern web browser (latest major version or one of the two preceding versions of Chromium, Firefox, Safari or Edge); any extensions or plugins required to display or interact with the Service; and, for certain features, compatible third-party software (PDF reader, DWG viewer, etc.).
6.2. No support for obsolete environments. The Publisher does not guarantee proper operation of the Service on obsolete or unsupported technical environments (old browsers, end-of-life operating systems, non-standard custom configurations). A User who chooses to access the Service from such an environment alone bears the corresponding technical risks.
6.3. Access fees. Internet access fees, equipment fees, third-party software licence fees and any related fees are at the User's sole expense.
6.4. Possible geographic restrictions. The Publisher reserves the right, at any time and without having to justify its decision, to restrict access to the Service from certain countries or territories, in particular for reasons related to compliance with international sanctions, the protection of personal data, or the Publisher's operational capacity.
ARTICLE 7 — ACCOUNT CREATION, MANAGEMENT AND OWNERSHIP
7.1. Account creation. The creation of an Account requires the provision, by the User, of accurate, complete, sincere and up-to-date information, in particular a valid email address and, depending on the case, a name, first name, corporate name, billing address, and any other information necessary for the proper performance of the Service. The User undertakes to update without delay any information that may change.
7.2. Uniqueness. Unless expressly agreed by the Publisher, each User may hold only one personal Account. Holding multiple Accounts in order to circumvent usage limits, prior suspensions or terminations, or for any fraudulent purpose, is strictly prohibited and constitutes grounds for immediate termination.
7.3. Validation. The Publisher reserves the right to validate the email address by sending a confirmation email and, where applicable, to require an additional verification step (telephone, manual verification).
7.4. Organisational Accounts. The Administrator of an organisational Account may invite Guest Users. The latter access the Service within the limits of the rights granted to them by the Administrator. The organisational Account holds all User Content created, modified or exported within it, regardless of the individual User who carried out the action.
7.5. Ownership and transfer. Ownership of an Account may not be transferred to a third party without the express prior agreement of the Publisher. The death of the User, the amicable or judicial liquidation of the legal-person holder, or any other event affecting ownership, gives rise to the consequences provided for in Article 25.
7.6. Suspension for inactivity. The Publisher reserves the right, under the conditions specified in the Privacy Policy, to suspend or even delete Accounts that have been inactive for a prolonged period, subject to prior notice sent to the email address provided by the User.
ARTICLE 8 — CREDENTIALS, AUTHENTICATION AND ACCOUNT SECURITY
8.1. Confidentiality of Credentials. Credentials are strictly personal and confidential. The User undertakes not to disclose them to any third party, not to reuse them on other services, to store them securely (password manager) and to change them without delay in case of suspected compromise.
8.2. Strong authentication. The Publisher makes available, or will make available, enhanced authentication mechanisms (multi-factor authentication via TOTP, SMS, WebAuthn, passkeys). The User is invited to activate these mechanisms as soon as available. The Publisher reserves the right to require multi-factor authentication for certain categories of Users or for access to certain features.
8.3. Liability for actions taken from the Account. Any action taken on the Service using the User's Credentials is deemed to have been taken by the User themselves, who bears the consequences, unless they can demonstrate a compromise for which they are not responsible and which they would have notified to the Publisher without delay.
8.4. Compromise notification. The User undertakes to inform the Publisher without delay, and in any event within a maximum period of twenty-four (24) hours from becoming aware, of any loss, theft, unauthorised use or suspected compromise of their Credentials, at contact@fabrik.so (or legal@fabrik.so).
8.5. Corrective measures by the Publisher. The Publisher may, at any time and without notice when the security of the Service or other Users so requires, invalidate session tokens, require a password reset, impose re-authentication or temporarily suspend the Account.
ARTICLE 9 — FUNCTIONAL DESCRIPTION OF THE FABRIK SERVICE
9.1. General description. The Fabrik Service is online software (SaaS) that allows in particular: the automatic conversion of architect plans (in particular DWG, DXF, PDF, raster images) into editable safety plans; the addition, placement and management of pictograms compliant with ISO 7010, ISO 23601 and NF X 08-070 standards; the addition of legends, instructions, emergency numbers, gathering points and other regulatory elements; multi-building and multi-level management; collaboration between Users of the same organisational Account; the export of finalised Plans in various formats (in particular high-definition vector PDF, PNG, SVG); the retention of successive versions of a Plan; the updating of Plans and their archiving.
9.2. Evolving nature of the Service. The Service is software in continuous improvement. All the features described above or present on the Site at any given time may evolve, be modified, enriched, withdrawn or replaced, under the conditions provided for in Article 21.
9.3. Use of artificial intelligence. The Service implements AI systems for certain tasks, in particular automatic recognition of safety devices on an architect plan, suggestions for pictogram placement, detection of inconsistencies and design assistance. The User acknowledges and accepts that:
a) the results produced by AI are the result of statistical models and cannot be guaranteed as error-free;
b) it is incumbent on the User to systematically and manually verify the Plans produced, in particular before any submission to a safety commission;
c) interactions with AI features may involve the transmission of User Content to third-party providers, under the conditions specified in the Privacy Policy and the DPA.
9.4. Regulatory compliance of Plans. The Service provides a technical framework allowing the production of Plans compliant with ISO 7010, ISO 23601 and NF X 08-070 standards. It is the User's sole responsibility to verify the conformity of each finalised Plan with the regulations applicable to their ERP, its category and type, and where applicable to any specific requirements formulated by the competent safety commission. The User's own professional responsibilities are recalled in Article 29.
9.5. Beta features. Some features may be offered in beta, alpha, preview, early access or under any other designation indicating an experimental stage. Such features are provided "AS IS", without warranty of any kind, without commitment to availability, performance or maintenance, and may be withdrawn without notice and without compensation. A User who chooses to use such a feature alone bears the corresponding risks.
ARTICLE 10 — FREE TRIAL AND EVALUATION PERIOD
10.1. Principle. The Publisher may offer, without obligation and according to the terms in force at any given time, a Free Trial allowing any interested User to test the Service before subscribing.
10.2. Duration and limits. The duration of the Free Trial, the accessible features, the usage limits (number of Plans, number of exports, number of buildings, number of Guest Users, etc.) are specified on the subscription page at the time of registration, and may evolve without notice.
10.3. Expiry. Upon expiry of the Free Trial, a User who has not subscribed loses access to paid features. User Content created during the Free Trial may remain accessible for consultation purposes under the conditions defined by the Publisher, without any retention guarantee being granted beyond a reasonable period.
10.4. Uniqueness. A User may benefit from only one Free Trial, unless expressly agreed by the Publisher. Any attempt at circumvention (creation of multiple Accounts, use of multiple email addresses) constitutes a violation of these terms.
10.5. Withdrawal not applicable to Free Trial. As the Free Trial does not give rise to payment, the right of withdrawal provided for Consumer Users does not apply to it.
ARTICLE 11 — SUBSCRIPTIONS AND PAID PLANS — REFERENCE TO THE GTCS
11.1. The financial, fiscal, duration, billing, payment, renewal, termination and any withdrawal-right conditions are governed by the General Terms and Conditions of Sale applicable to the User's profile (B2C GTCS for Consumer User, B2B GTCS for Professional User), which form an integral part of the Fabrik contractual corpus.
ARTICLE 12 — SERVICE USAGE LICENCE GRANTED TO THE USER
12.1. Grant of licence. Subject to strict compliance with these ToS, the AUP, the applicable GTCS and all the Fabrik corpus, the Publisher grants the User, for the effective duration of use of the Service, a personal, limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, automatically revocable licence, territorially limited to the territory(ies) from which the User accesses the Service, for the sole purpose of using the Service in accordance with its intended purpose.
12.2. Prohibitions. The User undertakes, except within the limits strictly authorised by mandatory Applicable Law:
a) not to copy, reproduce, modify, adapt, translate, decompile, disassemble or reverse-engineer all or part of the Service, its code, its interface or its algorithms;
b) not to extract or reuse all or a substantial part of the databases underlying the Service, or to carry out repeated and systematic extractions or reuses of non-substantial parts exceeding normal use;
c) not to circumvent, disable or neutralise any technical mechanism for protection, usage limitation, authentication or security;
d) not to create, develop, promote or commercialise a derivative, competing or similar service based on use of the Service;
e) not to use the Service to train, fine-tune, test or evaluate a third-party AI system without the prior written agreement of the Publisher;
f) not to carry out scraping, crawling, harvesting or unauthorised automated collection of Publisher Content or Service data;
g) not to perform load tests, intrusion tests, penetration tests or vulnerability analyses without the prior written agreement of the Publisher;
h) not to conceal, modify or remove ownership statements, signatures, timestamps or trademarks affixed by the Publisher to exports.
12.3. Revocation. The licence terminates automatically, without prior notice, on the date of termination of the Account for any reason whatsoever.
ARTICLE 13 — GENERAL OBLIGATIONS OF THE USER
13.1. The User undertakes to:
a) use the Service exclusively in a manner consistent with its intended purpose and Applicable Law;
b) provide accurate, sincere, complete and up-to-date information, and to keep it as such for the entire duration of use;
c) maintain the confidentiality of their Credentials and report any compromise without delay;
d) respect the rights of third parties, in particular intellectual property rights, personality rights, trade-secret rights and Personal Data rights;
e) not use the Service for unlawful, fraudulent, abusive, infringing, defamatory or contrary-to-public-order purposes;
f) comply with the AUP, which lists prohibited uses;
g) cooperate in good faith with the Publisher in incident management, dispute resolution and any legitimate request;
h) pay the amounts due under their Subscription within the deadlines set by the GTCS;
i) regularly back up critical User Content, without prejudice to backups carried out by the Publisher;
j) comply with any usage limits (quotas, ceilings, rate limits) defined by the Publisher.
ARTICLE 14 — PROHIBITED USES — REFERENCE TO THE AUP
14.1. The prohibited uses of the Service are limitatively listed in the Acceptable Use Policy (AUP) of the Fabrik corpus, to which express reference is made. The AUP lists in particular, without this list being exhaustive, illegal, fraudulent, abusive, infringing, defamatory uses, spam, malware, unauthorised scraping, reverse engineering, security circumvention, crypto mining, non-consensual deepfakes, child sexual abuse material, incitement to hatred or terrorism.
14.2. Any violation of the AUP constitutes an essential breach of these ToS, justifying the suspension or termination of the Account under the conditions provided for in Articles 23 and 25, without prejudice to the criminal or civil prosecution that the Publisher reserves the right to engage.
ARTICLE 15 — USER CONTENT — OWNERSHIP, RESPONSIBILITY, LICENCE
15.1. Ownership. The User retains all intellectual-property ownership of the User Content they upload, enter, transmit, store or generate through the Service, subject to the pre-existing rights of third parties.
15.2. Responsibility. The User is and remains solely responsible for User Content. They warrant to the Publisher that they have all the rights, authorisations and consents necessary to upload and use such Content through the Service, in particular rights relating to architect plans, photographs, trademarks and distinctive signs, any Personal Data appearing on plans, and any other protected element.
15.3. Licence granted to the Publisher. The User grants the Publisher, for the sole period necessary for the provision of the Service and for the performance of the Publisher's legal obligations, a worldwide, non-exclusive, free licence, limited to the technical purposes of the Service, to use, host, store, reproduce, technically transform (file formats, resolutions, vectorisations), technically adapt, transmit to the technical processors referred to in Article 22, and where applicable submit to internal or external AI systems for the purposes of providing the Service.
15.4. No commercial exploitation by the Publisher. The Publisher prohibits any commercial exploitation of User Content beyond what is strictly necessary for the provision of the Service. In particular, the Publisher does not use User Content for advertising purposes, does not transmit it to third parties for commercial purposes, and, except with express agreement, does not use it to train its own AI models beyond anonymised and aggregated processing for Service-improvement purposes.
15.5. Moderation. The Publisher reserves the right, without a general monitoring obligation, to remove or block access to any manifestly unlawful User Content of which it becomes aware, in accordance with Article 6-I-2 of the LCEN and the reporting procedure detailed in the Legal Notice and the DSA.
15.6. Retention in case of dispute. The Publisher may retain disputed User Content beyond its deletion by the User, solely for the purposes of defending its rights, cooperating with authorities, or protecting third-party rights, for the period necessary and in compliance with Applicable Law.
ARTICLE 16 — PUBLISHER INTELLECTUAL PROPERTY — RECAP AND SUPPLEMENTS
16.1. All Publisher Content, including in particular the Site structure, software architecture, source and object code, interfaces, algorithms, AI models and their parameters, the curated and maintained pictogram library, plan templates, databases, illustrations, texts, trademarks, logos, domain names, know-how and trade secrets, are and remain the exclusive property of the Publisher or its licensors.
16.2. Reference is made to the Legal Notice (Articles 11 to 14) for a detailed description of the applicable intellectual-property regime.
16.3. Feedback and improvements. Any suggestion, remark, feedback, improvement idea, bug report or feedback (collectively the "Feedback") communicated by the User to the Publisher, by any channel whatsoever, is presumed non-confidential. The User grants the Publisher a worldwide, perpetual, irrevocable, free, transferable and sub-licensable licence to use, exploit, modify and integrate such Feedback into the Service, without consideration.
ARTICLE 17 — PERSONAL DATA — REFERENCE TO THE PRIVACY POLICY
17.1. The processing of Personal Data by the Publisher is governed by the Privacy Policy, to which express reference is made.
17.2. Qualification of the Parties. For the Personal Data of Users themselves (Account data, billing data, Service usage data), the Publisher acts as data controller. For the Personal Data possibly contained in the User Content of a Professional User (for example: staff names appearing on a plan, data of emergency responders), the Publisher acts as a processor within the meaning of Article 28 of the GDPR, and the DPA applies.
ARTICLE 18 — COOKIES AND TRACKERS — REFERENCE TO THE COOKIES POLICY
18.1. The use of cookies and trackers on the Site and the Service is governed by the Cookies and Trackers Policy of the Fabrik corpus, to which express reference is made.
ARTICLE 19 — SERVICE LEVELS — REFERENCE TO THE SLA
19.1. Availability commitments, exclusions, any service credits, priority levels and response times are specified in the Service Level Agreement (SLA) of the Fabrik corpus, to which express reference is made.
19.2. In the absence of a specific SLA applicable to the plan subscribed to by the User, the Service is provided without a formal availability commitment, it being specified that the Publisher endeavours to maintain a high level of availability under a best-efforts obligation.
ARTICLE 20 — MAINTENANCE AND SCHEDULED UNAVAILABILITY
20.1. Scheduled maintenance. The Publisher reserves the option of temporarily interrupting access to the Service for the needs of maintenance, updating, securing, deploying new features, or any other necessary technical operation. These interruptions are, as far as possible, carried out outside intensive-use hours and announced with reasonable notice.
20.2. Unscheduled maintenance. In the event of a technical incident, a security vulnerability requiring urgent intervention, a processor failure or any other event requiring immediate action, the Publisher may interrupt access to the Service without notice, for the period strictly necessary for resolution.
20.3. No liability. The Publisher shall not be held liable for the consequences of a maintenance interruption, scheduled or not, subject to its best-efforts obligation and any commitments made under the SLA.
ARTICLE 21 — SERVICE EVOLUTION AND UPDATES
21.1. Right to make the Service evolve. The Service is software in continuous improvement. The Publisher reserves the right, at any time, to make the Service evolve, to add or remove features, to modify its interface, ergonomics, performance, technical architecture, processors, integrations and more generally any characteristic of the Service.
21.2. Degradation or removal of a feature. When a modification entails the removal or significant degradation of an essential feature used by the User, the Publisher endeavours, as far as possible, to offer an equivalent replacement feature, or to inform the User with reasonable notice.
21.3. No roadmap commitment. Roadmap items, announcements, marketing communications or statements relating to future features are provided for indicative purposes only and do not constitute a contractual commitment by the Publisher.
ARTICLE 22 — SUBCONTRACTING AND THIRD-PARTY PROVIDERS
22.1. Recourse to subcontracting. The Publisher has the right to use processors for the provision of the Service, in particular for hosting, database, payment, sending of transactional emails, error logging, audience measurement, product analytics, and any other necessary technical service. The list of main processors appears in the Legal Notice (Article 6) and the DPA.
22.2. Information in case of change. Any material modification to the list of processors gives rise to an update of the Legal Notice, the Privacy Policy, the DPA, and where applicable to a notification to Professional Users in accordance with the conditions provided for in the DPA.
22.3. Liability. The Publisher remains liable to the User for the proper performance by its processors of their obligations, within the limits provided for in Article 28.
ARTICLE 23 — ACCOUNT SUSPENSION
23.1. Grounds for suspension. The Publisher reserves the right to suspend, in whole or in part, the User's access to the Service, without compensation, in the following cases:
a) non-payment of an amount due under a Subscription under the conditions provided for in the GTCS;
b) proven or suspected violation of an essential obligation of these ToS, the GTCS, the AUP or any other document of the Fabrik corpus;
c) use of the Service in breach of Applicable Law, in particular in the event of a report from an authority or third party alleging such a breach;
d) suspected or proven compromise of the User's Account, for the protection of the User themselves and other Users;
e) behaviour likely to harm the security, integrity or availability of the Service for other Users;
f) judicial or administrative request duly addressed to the Publisher;
g) ongoing internal investigation into a potentially serious incident;
h) application of an international sanction affecting the User.
23.2. Duration and procedures. The suspension lasts as long as necessary to remedy the cause that motivated it, without prejudice to subsequent termination where applicable. The User is informed of the suspension, the reasons and, as far as possible, the corrective measures to put an end to it, except where Applicable Law precludes it (request, investigation secrecy).
23.3. Effects. During the suspension period, the User cannot access their Account or use the Service. The amounts due under the Subscription remain payable. User Content is retained throughout the suspension period.
ARTICLE 24 — ACCOUNT TERMINATION BY THE USER
24.1. User without an active Subscription. A User without any active paid Subscription may, at any time, terminate their Account from the Service interface or by request sent to contact@fabrik.so. Termination takes effect immediately or at the end of a brief technical period necessary.
24.2. User with an active Subscription. The termination of a paid Subscription is governed by the applicable GTCS.
24.3. Irrevocability. Termination is irrevocable, without prejudice to the Publisher's subsequent option to allow the User to reactivate a previously terminated Account.
ARTICLE 25 — ACCOUNT TERMINATION BY THE PUBLISHER
25.1. Termination for breach. The Publisher may terminate the User's Account, automatically, without compensation and without prejudice to any damages, in the event of an essential breach by the User of their obligations that has not been remedied within a reasonable period following formal notice sent electronically, or without prior formal notice in the event of serious breach, in particular:
a) repeated or serious violation of the AUP;
b) impersonation, fraud, false declaration;
c) persistent non-payment;
d) attack on the security of the Service;
e) court order requiring termination;
f) application of an international sanction;
g) death of the natural-person holder or dissolution of the legal-person holder, subject to the rights of heirs or the liquidator.
25.2. Discretionary termination. Outside cases of breach, the Publisher may terminate, at its discretion, an Account by giving reasonable notice which, for Users holding an active Subscription, may not be less than the remaining duration of the billed Subscription period. Discretionary termination gives rise, where applicable, to the prorata-temporis refund of amounts paid in advance for the unperformed period.
25.3. Termination for cessation of activity. In the event of cessation of activity by the Publisher, liquidation or any other circumstance preventing it from continuing to provide the Service, the Publisher endeavours to inform Users within a reasonable period and to allow them to port User Content under the conditions provided for in Article 27.
ARTICLE 26 — CONSEQUENCES OF TERMINATION
26.1. Cessation of access. Termination entails immediate or scheduled cessation of the User's access to the Service.
26.2. Retention of User Content. Unless otherwise provided in the GTCS or expressly requested by the User for immediate deletion, the Publisher retains User Content for a reasonable period after termination, allowing for its possible portability under the conditions of Article 27. At the end of this period, which may not exceed ninety (90) Calendar Days unless a longer period is provided for in the GTCS or DPA, User Content is irreversibly deleted, with the exception of security backups which are destroyed according to a technical cycle not exceeding one hundred and eighty (180) Calendar Days.
26.3. Reciprocal obligations. Payment obligations arising prior to termination remain due. Obligations which, by their nature, are intended to survive (intellectual property, confidentiality, liability, evidence, governing law, jurisdiction) survive under the conditions provided for in Article 39.
26.4. Reactivation. The Publisher may, but is not obliged to, accept the reactivation of a previously terminated Account. Reactivation entails the renewal of the contractual relationship under the conditions of the ToS and GTCS then in force.
ARTICLE 27 — DATA PORTABILITY AND REVERSIBILITY
27.1. Principle. The Publisher makes available to the User features allowing the export of their User Content in common formats (in particular PDF, PNG, SVG and, as far as possible, in a structured format allowing data reuse).
27.2. Deadline. The User may exercise their export option at any time during their Subscription, as well as during the post-termination retention period provided for in Article 26.2.
27.3. Assistance. In the event of technical difficulty, the User may request reasonable assistance from the Publisher at contact@fabrik.so.
27.4. No complete technical reversibility. The User acknowledges that certain aspects of the Service, in particular intermediate results produced by AI systems, proprietary metadata, rendering parameters, may not be extractable in a form directly reusable on a third-party tool, without this being assimilated to a breach by the Publisher of any obligation.
ARTICLE 28 — PUBLISHER LIABILITY — EXCLUSIONS AND LIMITATIONS
28.1. Best-efforts obligation. Unless expressly stated otherwise, the Publisher's obligations are characterised as best-efforts obligations. The Publisher undertakes to implement the reasonable diligence that a normally prudent professional in the same field would implement in the same circumstances.
28.2. Independence of the User's professional liability. The User's attention is expressly and solemnly drawn to the fact that the Service is a tool to assist with the design of safety plans. The Publisher is neither an inspection body, nor a design office, nor a safety commission, nor an SSI coordinator, nor an administrative authority. Use of the Service does not in any way relieve the User, the establishment head, the ERP operator, or any other person bound by a regulatory obligation, of their personal and professional responsibility in the design, verification, display and update of Plans. This provision is detailed in Article 29.
28.3. Exclusion of indirect damages. To the fullest extent permitted by Applicable Law, the Publisher shall not be held liable for indirect damages, including, for purely indicative and non-exhaustive purposes: data loss, data alteration, loss of business, loss of opportunity, loss of market, loss of customers, loss of turnover, loss of expected profits, moral damage, harm to image or reputation, costs of data reconstitution, costs incurred by the User to mitigate Service unavailability, consequences of an administrative or criminal sanction imposed on the User, consequences of an incident occurring in a building for which a Plan was designed using the Service.
28.4. Overall cap. To the fullest extent permitted by Applicable Law, the Publisher's total cumulative liability, all damages combined, all causes combined, for any dispute or claim brought by the same User or by several related Users (in particular Users attached to the same organisational Account), is capped, per calendar year, at the higher of:
a) the total excluding tax actually paid by the User (or by the subscribing entity in the case of an organisational Account) to the Publisher under the Service during the twelve (12) months preceding the event giving rise to the damage;
b) a fixed amount of five hundred euros (€500) for Users who have not paid any amount.
28.5. Cascading caps. Any caps provided for in the GTCS, the SLA, the DPA, or any other document of the Fabrik corpus constitute internal sub-caps within the overall cap defined above. Any service credits provided for in the SLA constitute the sole compensation for failure to meet service levels, to the exclusion of any other refund or compensation.
28.6. Legal exclusions. The above limitations do not apply to cases where the law prohibits such limitation, in particular in the event of fraud, gross negligence, bodily injury, breach of an essential obligation depriving the contract of its substance, or violation of the public-order rights of consumers.
28.7. Unfair clauses. For Consumer Users, the provisions of this article are deemed unwritten to the extent that they would create a significant imbalance within the meaning of Article L. 212-1 of the French Consumer Code, without invalidating the contract as a whole.
ARTICLE 29 — USER'S OWN PROFESSIONAL LIABILITY
29.1. Reminder of the User's regulatory obligations. The User acknowledges and accepts that French regulations on fire safety and the display of plans in ERPs impose on a number of professionals (in particular establishment heads, operators, single security officers) personal and professional obligations of their own, in particular under the French Construction and Housing Code, the Safety Regulation against fire and panic risks in ERPs (decree of 25 June 1980 as amended), the Labour Code for workplaces, and applicable standards (ISO 7010, ISO 23601, NF X 08-070).
29.2. Manual verification. The User undertakes to manually and systematically verify the regulatory compliance of each Plan produced or exported by means of the Service, before any actual display or submission to a safety commission. This verification includes in particular: the accuracy of evacuation routes, the actual location of safety devices, the conformity of pictograms with the applicable standard, the legibility of the Plan, consistency with the reality of the building on the date of display.
29.3. Updates. The User undertakes to update Plans in the event of building modification, change of use, regulatory evolution, and at minimum at the frequency required by Applicable Law.
29.4. No compliance guarantee by the Publisher. The Publisher does not guarantee that use of the Service will necessarily produce a Plan compliant with the regulations applicable to the User's specific situation. The Service provides a technical framework, standardised pictograms and templates, but final compliance depends on how it is used and the data entered by the User.
29.5. Consequences of non-compliance. The Publisher may not under any circumstances be held liable for the administrative, criminal, civil or commercial consequences (in particular formal notice, administrative closure, fine, conviction, civil or criminal liability of a director, incident, injury or death of persons) resulting directly or indirectly from the User's use of a Plan produced by means of the Service that turns out not to comply with the regulations or with the reality of the building concerned.
ARTICLE 30 — INDEMNIFICATION BY THE USER
30.1. Indemnification commitment. The Professional User undertakes to indemnify, defend and hold harmless the Publisher, its directors, agents, processors and assignees, against any claim, action, proceedings, conviction, settlement, damages, fine, penalty, defence costs (in particular attorneys' fees), brought by a third party against the Publisher on account of:
a) a violation by the User of these ToS, the GTCS, the AUP or any other document of the Fabrik corpus;
b) a violation by the User of Applicable Law;
c) an infringement by the User, through the Service, of the rights of a third party (in particular intellectual-property rights, personality rights, Personal Data, trade secrets);
d) unlawful, infringing, defamatory User Content or User Content harming a third party;
e) a false declaration by the User at the time of subscription.
30.2. Indemnification procedure. The Publisher notifies the User of the claim within reasonable time. The Publisher retains control of the defence and may not enter into a settlement without the prior written consent of the User, which may not be unreasonably refused.
30.3. Exclusion for the Consumer User. The provisions of this article do not apply to the Consumer User, in accordance with the public-order rules applicable to unfair clauses.
ARTICLE 31 — WARRANTIES — "AS IS / AS AVAILABLE" EXCLUSION
31.1. Principle. To the fullest extent permitted by Applicable Law, the Service is provided "AS IS" and "AS AVAILABLE", without express or implied warranty, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, error-free operation, virus-free operation, absolute IT security, continuous availability, or compliance with any subjective expectation of the User.
31.2. Mandatory legal warranties. The exclusions of this article shall not undermine the mandatory legal warranties applicable to Consumer Users, in particular the legal warranty of conformity of Articles L. 217-3 et seq. of the French Consumer Code (including for digital content and digital services since the reform issued by Order No. 2021-1247 of 29 September 2021) and the warranty against hidden defects of Articles 1641 et seq. of the French Civil Code.
ARTICLE 32 — FORCE MAJEURE
32.1. Broad definition. The following events constitute cases of force majeure, in addition to those recognised by French case law within the meaning of Article 1218 of the French Civil Code, listed for indicative and non-exhaustive purposes: declared or undeclared war, attack, terrorism, riot, insurrection, civil disturbance, blockade, embargo; natural disaster (earthquake, flood, storm, volcanic eruption, major fire); epidemic, pandemic and associated governmental measures (lockdown, quarantine, travel restrictions); major cyberattack, distributed denial-of-service (DDoS) attack, ransomware attack, compromise of a link in the software supply chain; major and prolonged failure of a cloud-computing provider, internet service provider, telecom operator, energy provider; widespread network outage, national or regional power failure; international sanction or embargo affecting the supply or receipt of services; strike, lockout, labour movement; decision of a public authority making it impossible to perform all or part of the obligations; sustained shortage of essential resources (energy, semiconductors).
32.2. Effects. The occurrence of a case of force majeure suspends the performance of affected obligations for the duration of the event and its direct consequences. Neither Party may be held liable for the consequences of a case of force majeure, provided that it has taken all reasonable measures to limit its effects and has informed the other Party as soon as possible.
32.3. Termination in the event of prolonged force majeure. If the case of force majeure continues beyond sixty (60) Calendar Days, either Party may terminate the contractual relationship by written notification, without such termination giving rise to any compensation.
ARTICLE 33 — CONFIDENTIALITY
33.1. Confidential information. Each Party undertakes to preserve the confidentiality of the confidential information of the other Party of which it becomes aware in the course of performance, whether technical, commercial, financial, strategic or otherwise, whether identified or reasonably identifiable as confidential.
33.2. Obligations. Each Party undertakes to: (i) not disclose this information to any third party without the prior written agreement of the other Party, with the exception of its agents and processors with a legitimate need to know and bound by an equivalent obligation; (ii) use this information solely for the purposes of performing these terms; (iii) implement reasonable protection measures.
33.3. Exceptions. The following are not deemed confidential: (i) information that has fallen into the public domain independently of the fault of the Party that received it; (ii) information known to the receiving Party prior to its disclosure by the other Party and which it can prove; (iii) information obtained by the receiving Party from a third party not bound by a confidentiality obligation; (iv) information whose disclosure is required by a legal or regulatory obligation or by a court decision, the Party concerned then informing the other Party as soon as reasonably possible, subject to legal prohibitions on disclosure.
33.4. Duration. The confidentiality obligation remains in force throughout the duration of the contractual relationship and for five (5) years after its termination, for any reason whatsoever.
ARTICLE 34 — MUTUAL NON-SOLICITATION
34.1. For the duration of the contractual relationship and for a period of twelve (12) months following its termination, each Party undertakes not, directly or indirectly, to solicit, hire, offer a service contract or any other paid professional relationship to a key employee or contractor of the other Party who has been in contact with it as part of the contractual relationship, unless agreed in writing in advance by that other Party.
34.2. Lump-sum compensation. In the event of violation of this article, the breaching Party shall pay the other Party, as lump-sum compensation, an amount equal to six (6) months of the gross annual salary (or gross annual remuneration for a contractor) of the person poached, without prejudice to compensation for additional damage and the right to seek any injunctive relief.
34.3. Inapplicability. This article does not apply to spontaneous applications responding to public job offers nor to Consumer Users.
ARTICLE 35 — EXPORT CONTROL, INTERNATIONAL SANCTIONS, ANTI-CORRUPTION, ANTI-MONEY-LAUNDERING
35.1. Export control and sanctions. The User undertakes to comply with all applicable regulations on export control and international sanctions, in particular Regulation (EU) 2021/821, the sanctions regimes adopted by the EU, the United Kingdom, the United States (EAR, ITAR, OFAC) and the UN. The User warrants that they are not located in a country subject to a comprehensive embargo, nor listed on a sanctions list, nor owned 50% or more by a person so listed.
35.2. Anti-corruption. The Parties undertake to comply with all applicable regulations on the fight against corruption and influence peddling, in particular Sapin II, FCPA, UK Bribery Act, 1997 OECD Convention, 2003 UN Convention against Corruption.
35.3. Anti-money-laundering. The Parties undertake to comply with the applicable provisions on the fight against money laundering and the financing of terrorism (AML-CFT), including Articles L. 561-1 et seq. of the French Monetary and Financial Code and the European AML directives (5AMLD, 6AMLD) and their transpositions.
35.4. Termination right. Violation or serious suspicion of violation of the commitments in this article constitutes an essential breach justifying immediate termination of the Account, without prejudice to any other course of action.
ARTICLE 36 — UNILATERAL MODIFICATION OF THE TOS
36.1. Right of modification. The Publisher reserves the right to modify, in whole or in part, these ToS, to take account of legislative, jurisprudential, technical, commercial or any other evolution.
36.2. Entry into force. Modifications enter into force on the date of their publication on the Site, except for material modifications which are subject to fifteen (15) Calendar Days' notice for Users holding an Account, sent electronically.
36.3. Acceptance by continued use. Continued use of the Service after the publication of a new version constitutes acceptance of that new version.
36.4. Termination right. A User who refuses a material modification of the ToS may terminate their Account under the conditions of Article 24, without penalty, and where applicable obtain the prorata-temporis refund of amounts paid in advance for the unperformed period.
ARTICLE 37 — TERM
37.1. Indefinite duration. These ToS are concluded for an indefinite duration, corresponding to the duration of existence of the User's Account, subject to the termination options provided for in Articles 24 and 25 and the surviving obligations referred to in Article 39.
ARTICLE 38 — ASSIGNMENT
38.1. Assignment by the User. The User may not assign, transfer or delegate all or part of their rights or obligations under these terms without the prior written agreement of the Publisher, who may refuse at its discretion.
38.2. Assignment by the Publisher. The Publisher may freely assign all or part of its rights and obligations, in particular in the context of a restructuring, merger, demerger, partial contribution of assets, transfer of a business, change of control or any other similar operation, without such assignment requiring the prior consent of the User, subject to the latter being informed within a reasonable period.
ARTICLE 39 — SEVERABILITY, NON-WAIVER, ENTIRE AGREEMENT, SURVIVAL
39.1. Severability. If a provision hereof is declared null, unenforceable or inapplicable by a final decision of a competent court or by application of a legal provision, the other provisions shall retain their full force. The Parties shall then negotiate in good faith a substitute provision as close as possible to the economic and legal effect of the invalidated provision.
39.2. Non-waiver. The fact that one of the Parties does not invoke, at any given time, a breach by the other Party shall not be construed as a waiver of the right to invoke it later.
39.3. Entire agreement. These ToS, combined with the other documents of the Fabrik corpus, express the entire agreement of the Parties on their subject matter and supersede any prior agreement on the same subject.
39.4. Survival. Provisions which, by their nature, are intended to survive the termination of the contractual relationship continue to have effect after such termination. The following are in particular concerned: Articles 12.2 (prohibitions), 15 (User Content), 16 (intellectual property), 17 (Personal Data), 27 (portability), 28 (liability), 30 (indemnification), 31 (warranties), 33 (confidentiality), 34 (non-solicitation), 35 (sanctions, anti-corruption), 41 (notifications), 42 (evidence), 44 (mediation), 45 (governing law), 46 (jurisdiction).
ARTICLE 40 — LANGUAGES
40.1. These ToS are drafted in French. Any translation is provided for information only. In the event of divergent interpretation, the French version is authoritative.
ARTICLE 41 — NOTIFICATIONS
41.1. Unless otherwise stipulated, any notification required or permitted by these terms must be sent in writing, by one of the following means:
a) by email, to contact@fabrik.so for the Publisher, and to the address provided in their Account for the User;
b) by registered letter with acknowledgement of receipt, to the registered office address of the Publisher (Fabrik, 4 rue du Four, 55500 Cousances-lès-Triconville) for the Publisher, and to the last postal address provided by the User for the User.
41.2. Electronic notifications are deemed received on the same day as their dispatch if sent on a Business Day before 6:00 PM (Paris time), and on the following Business Day in other cases. Registered letters are deemed received on the date of their first presentation.
41.3. The User undertakes to keep up to date the email and postal addresses provided in their Account. Failing this, notifications sent to the last known address shall be deemed validly made.
ARTICLE 42 — EVIDENCE, ARCHIVING, EVIDENCE AGREEMENT
42.1. Evidence agreement. The User expressly acknowledges that:
a) computer records kept by the Publisher, including connection and access logs, ToS acceptance traces (UTC timestamp, version, IP address, user agent), Account history, emails exchanged, browsing traces, payment logs, constitute admissible, valid and enforceable means of proof between the Parties, in the same way as a signed writing;
b) the agreements thus established prevail over common-law evidentiary rules, within the limits permitted by Applicable Law.
42.2. Archiving. The Publisher archives the successive versions of the ToS and acceptance traces for a minimum period corresponding to the applicable limitation period, i.e. five (5) years from the User's last use, without prejudice to longer periods imposed by law.
ARTICLE 43 — DUAL ACCEPTANCE MECHANISM (BROWSEWRAP / CLICKWRAP)
43.1. Browsewrap. Access to the Site or use of the Service, even without creating an Account, entails acceptance of these ToS.
43.2. Clickwrap. The creation of an Account, subscription to a Subscription, acceptance of an Invitation to join an organisational Account and, more generally, any action involving significant use of the Service, are accompanied by an express acceptance step by ticking a checkbox. Failure to tick this box prevents progression in the corresponding flow.
43.3. Acceptance trace. Each express acceptance is recorded with a timestamp including the version accepted, the date and time (UTC), the session identifier, the IP address, the user agent and, where applicable, the Account identifier.
ARTICLE 44 — PRIOR MEDIATION AND ODR PLATFORM
44.1. Consumer mediation (Consumer Users). In accordance with Articles L. 611-1 and L. 616-1 of the French Consumer Code, the Publisher informs the Consumer User of the possibility of having free recourse to a consumer mediator in the event of a dispute arising from the performance of a contract, after first attempting to resolve the dispute directly with the Publisher by means of a written complaint to contact@fabrik.so. The mediator designated by the Publisher is: Not applicable — Service intended exclusively for professionals (B2B).
44.2. ODR platform. The European Commission makes available an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr.
44.3. Amicable attempt for Professional Users. For Professional Users, any complaint must be sent to contact@fabrik.so and gives rise to an amicable attempt at resolution within thirty (30) Calendar Days from receipt of the complaint. Failing amicable resolution within this period, the most diligent Party may bring the matter before the competent jurisdiction in accordance with Article 46.
ARTICLE 45 — GOVERNING LAW
45.1. French law. These ToS are governed by French law, to the exclusion of its conflict-of-laws rules.
45.2. Consumer User protection. For Consumer Users residing in another Member State of the European Union, the application of French law is without prejudice to the mandatory provisions of the law of their habitual residence, in accordance with Article 6 of the Rome I Regulation.
45.3. Exclusion of CISG. The Parties expressly exclude the application of the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG), to the extent that it would be applicable.
ARTICLE 46 — COMPETENT JURISDICTION AND OPTIONAL ARBITRATION
46.1. Professional Users — default jurisdiction. After an attempt at amicable resolution, any dispute relating to these ToS or to the use of the Service by a Professional User falls within the exclusive jurisdiction of the Judicial Court of Nancy (or the competent commercial court depending on the nature of the dispute), notwithstanding multiple defendants or guarantee proceedings, including for emergency or precautionary procedures, summary proceedings or applications.
46.2. Optional international B2B arbitration. For disputes involving a Professional User established outside France and concerning a financial issue exceeding fifty thousand euros (€50,000), the Parties may agree, by written agreement subsequent to the dispute, to submit the dispute to arbitration before the International Court of Arbitration of the International Chamber of Commerce (ICC), in accordance with its rules. Seat: Paris. Language: French or English by agreement. Tribunal composed of a sole arbitrator, or of three arbitrators by agreement.
46.3. Optional arbitration for US counterparty. For disputes involving a US counterparty expressly accepting arbitration and concerning a financial issue exceeding fifty thousand US dollars (USD 50,000), the Parties may agree, by written agreement subsequent to the dispute, to submit the dispute to arbitration under the auspices of the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Seat: Paris, France. Language: English.
46.4. Consumer Users. The provisions of this article apply to the Consumer User without prejudice to the jurisdiction they enjoy under Articles 17 to 19 of the Brussels I bis Regulation and, for French consumers, Articles R. 631-3 and R. 631-4 of the French Consumer Code.
ARTICLE 47 — COMPLAINTS AND CUSTOMER SERVICE
47.1. Single channel. Any complaint must be sent to contact@fabrik.so. The User undertakes to provide a detailed statement of the reason for their complaint and to communicate any useful documents.
47.2. Acknowledgement of receipt. The Publisher acknowledges receipt of the complaint within a reasonable period.
47.3. Processing time. The Publisher undertakes to provide a substantiated response within a maximum period of thirty (30) Calendar Days, except in the case of particular complexity justifying a duly notified extension.
ARTICLE 48 — CONTACT DETAILS
Purpose
Address
General contact
Legal questions
Data protection / exercise of GDPR rights
Reporting unlawful content (LCEN / DSA)
DMCA notifications
Security incident
Postal address
Fabrik — 4 rue du Four, 55500 Cousances-lès-Triconville, France
ARTICLE 49 — VERSION HISTORY
Version
Date
Nature of the modification
1.0
March 20, 2026
Initial version published on fabrik.so
2.0
April 28, 2026
Comprehensive overhaul — defensive maximalist ToS, compliance with LCEN + DSA + GDPR + AI Act + DMCA + international sanctions
ANNEX A — PLAIN LANGUAGE SUMMARY
Informational summary — in case of divergence with the body of the ToS, the latter prevails.
What is Fabrik? An online software allowing the creation of evacuation plans, intervention plans and safety plans compliant with ISO 7010, ISO 23601 and NF X 08-070 standards. Primarily intended for professionals (ERPs, fire-safety companies, design offices).
Who can use it? Any adult (or at least 15 years of age in France with parental consent). Primarily professionals. The Service is not intended for minors.
How much does it cost? Free Discovery plan available. Then: paid subscription according to the pricing grid (see GTCS).
Who owns the plans I create? You. Fabrik hosts them for you and processes them technically (in particular via AI) to provide the Service. Fabrik does not sell them, does not use them for advertising purposes, and does not transfer them to third parties except to operate the Service (Supabase, Vercel, etc.).
Your professional responsibility. Fabrik is a tool. The final compliance of your plans (display in ERP, submission to a safety commission) remains your responsibility. Always verify each plan before display.
What if Fabrik goes down? Fabrik strives to ensure high availability (see SLA). In the event of a breakdown, liability is capped at what you have paid over the last 12 months (with a minimum of €500 for free accounts, and within the limits of the law for consumers).
What happens if I terminate? Your plans remain available for export for 90 days after termination, then are deleted. Security backups are destroyed within a maximum of 180 days.
Your personal data. Processed in accordance with the GDPR. See Privacy Policy. You have a right of access, rectification, deletion, portability and objection.
In case of dispute. First try amicable resolution (contact@fabrik.so). For consumers: consumer mediator. Otherwise: French courts.
ANNEX B — SUMMARY TABLE OF OBLIGATIONS AND RIGHTS BY USER PROFILE
Area
Consumer User
Professional User
Applicable GTCS
B2C GTCS
B2B GTCS
Right of withdrawal
14 days, except waiver for services performed
Not applicable
Legal warranty of conformity
Yes (art. L. 217-3 et seq. CConso)
No, except by contractual provision
Consumer mediation
Yes, free of charge
No
Jurisdiction
Consumer's choice (domicile / harmful event / performance)
Judicial Court of Nancy by default; optional arbitration
Indemnification clause (Article 30)
Excluded
Applicable
Liability cap (Article 28)
Within the limits of the Consumer Code
Capped at 12 months of subscription or €500
DPA
Not applicable
Applicable if data controller
Non-solicitation (Article 34)
Not applicable
Applicable
End of Document 2/10 — Terms of Service — Fabrik
Fabrik Legal Corpus — Version 2.0 — April 28, 2026