General Terms
of Use and Sale

These General Terms of Use and Sale ('Terms') define the terms and conditions for accessing and using the ClosePeak platform (available at closepeak.io), an AI-powered sales call analysis and coaching service, published by ORBIS ML (SASU with a share capital of 100 €, registered office at 149 avenue du Maine, 75014 Paris).

Registration: trade register Paris 981 590 656, SIREN 981 590 656, SIRET 981 590 656 00014. EU VAT number: FR 02 981590656.

ClosePeak offers the following features, which may evolve over time:

• Call import and capture: upload of audio/video files or live capture via the Extension.
• Automatic transcription: speech-to-text conversion by a specialist provider.
• AI-powered analysis: closing score (5 dimensions), detection of objections and buying signals, talk ratio, actionable recommendations.
• Real-time co-pilot: contextual assistance during calls held on Google Meet, including from Gmail, and on the Microsoft Teams, Zoom and Webex web clients, via the browser Extension. Desktop apps are not covered.
• Progress dashboard: performance tracking over time, badges and weekly challenges, personal or, for the members of an Agency team, shared by the team.

Access to the Platform requires the creation of an Account. The User agrees to:

• Provide accurate, complete information and keep it up to date.
• Keep login credentials confidential and not share them with third parties.
• Notify ORBIS ML immediately of any unauthorised access to their Account (contact@closepeak.io).
• Be responsible for all actions taken through their Account.

ORBIS ML reserves the right to delete or suspend any Account where information proves inaccurate or where use contravenes these Terms.

ClosePeak is offered under several plans (current pricing is available on the Pricing page):

Payment is made by credit card through a secure payment provider. The Subscription is billed in advance, every month or every year according to the billing period chosen at sign-up, and renews automatically for the same period unless cancelled before the renewal date.

Moving from Pro to Agency. It is done on the subscription page, on the same subscription. The price difference is charged immediately, pro rata for the current period, and the amount is shown before confirmation. The additional copilot hours are granted pro rata for the current monthly hours cycle, then in full from the next cycle.

Agency seats. The admin account adds seats from its team screen. An added seat is charged immediately, pro rata for the current period, with the amount shown before confirmation; its copilot hours are granted pro rata for the current monthly hours cycle, then in full from the next cycle. A seat removal takes effect at renewal, with no refund, and it is refused while members and pending invitations take up more seats than the number requested.

Declined payment. The payment provider retries the payment several times over one week, and the Subscription stays active during these retries. Included copilot hours are suspended 7 days after the first unresolved failure. If the retries end without payment, the Account moves to the free plan; for the Agency plan, the whole team does. Data is kept, and the plan is restored as soon as the payment is settled.

The User agrees to use ClosePeak in a lawful and responsible manner. In particular:

The User also agrees to:

• Not use the service for unlawful, fraudulent, or public-order-violating purposes.
• Not attempt to circumvent security measures or access data that does not belong to them.
• Not infringe the intellectual property rights of ORBIS ML or third parties.
• Not resell, rent, or transfer their access to third parties.

The Platform, its trademarks, logos, content, technologies, and all innovations developed by ORBIS MLconstitute its exclusive intellectual property, protected by applicable French and international laws.

The processing of personal data in connection with the use of ClosePeak is detailed in the Privacy Policy, which forms an integral part of these Terms.

By using ClosePeak, the User acknowledges having read this policy and accepts the processing of their data for the purposes described therein.

ORBIS ML undertakes to deploy all reasonable means to ensure continuity and quality of the service. However, the Platform may be temporarily unavailable for maintenance, updates, or technical incidents.

ORBIS ML does not guarantee uninterrupted availability of the Platform and shall not be held liable for interruptions caused by external events (network failure, force majeure, etc.).

ClosePeak is a commercial decision-support tool. ORBIS ML makes no warranty of commercial results and shall not be held liable for decisions made by the User based on analyses generated by the service.

In any event, ORBIS ML's liability is limited to direct damages and shall not exceed the total amount paid by the User under their Subscription over the preceding twelve (12) months, to the extent permitted by applicable law.

These Terms apply for the duration of the User's use of the Platform. The User may delete their Account at any time from their account settings or by contacting contact@closepeak.io. The admin account of an Agency team can only be deleted once the Agency subscription has been cancelled and has ended.

Member accounts of an Agency team.

• A member joins the team through a named invitation, sent by email and valid for 7 days. On acceptance, they expressly agree that their Account is managed by the team's admin account.
• If the member was paying for a personal Pro subscription, it is scheduled to stop at the end of its paid period, with no refund. If they leave the team before that date, the scheduled stop is cancelled.
• The admin account can remove a member from the team: the member's Account is kept and moves to the free plan. It can also delete a member's Account; if that Account existed before the invitation, only the calls recorded since joining the team are deleted, and the Account moves to the free plan.
• A member does not leave the team on their own. They can, however, delete their own Account from their settings.
• Each week, the members of an active team, admin account included, present in the team since before Monday, receive five challenges shared by the team in place of their personal challenges. Every analyzed call moves them forward; when a challenge is reached, each member who contributed to it receives the challenge's XP. When the team is no longer active, its members get their personal challenges back, and the XP already earned is kept.
• The admin account can turn on a monthly ranking, off by default. Once on, every account in the team, admin account included, sees for all the others their name, the XP earned in the month since they joined the team and their rank, and nothing else. Analyses count for at most 5 per day; no one's XP is changed by this. The ranking starts again from zero on the 1st of each month, Paris time. A member who leaves the team no longer appears in it and no longer sees it. While the team's subscription is unpaid, the ranking can still be read but cannot be turned on or off.
• The admin account of an active team can write 1 to 5 criteria. Every analyzed call from a team account, admin account included, made since joining the team, gets one verdict per criterion: yes, partly, no or not applicable. Criteria do not count towards any score. The verdict is kept with a copy of the criterion: editing or deleting a criterion does not change reports already produced. The admin account sees the verdicts in the report of each call; a member sees those of their own calls, never those of another member. While the team's subscription is unpaid, the criteria can still be read but cannot be added, edited or deleted, and new calls are not evaluated.
• The admin account of an active team can run, at most once a week and once members have five analyzed calls, an analysis of the offer the team sells, built on the members' calls since joining, without the admin account's; each member is referred to by a letter, and it contains no transcript, nothing a prospect said and no prospect's name. In a team, each account's own offer analysis is only updated by hand.
• The admin account can download a CSV file of the team's results: one row per call analyzed since each team account joined, admin account included, with figures and verdicts, and no written text, no transcript and nothing the prospect said. A call report can be saved as PDF; it never contains the transcript. Once downloaded, an exported file is the responsibility of whoever downloaded it.
• A member can share a call with the admin account, on their own initiative or at its request, which they can decline. The admin account can then read its transcript and comment on it; the member can remove the share, which also deletes the comments. No other member has access to it. While the team's subscription is unpaid, the member can only remove a share or decline a share request; no other share or comment can be changed.
• When a cancelled Agency subscription ends, all members move to the free plan and keep their Account and data.
• The admin role cannot be transferred. To change the person in charge, the admin account cancels the subscription, then the new person in charge subscribes to the Agency plan and invites the team again.

ORBIS ML reserves the right to suspend or terminate a User's access, without prior notice or compensation, in the event of a serious or repeated breach of these Terms, including violation of participant consent obligations or fraudulent use of the service.

ORBIS ML reserves the right to modify these Terms at any time. Users will be informed of any significant changes by email and/or by a notification on the Platform.

Continued use of the Platform following notification of changes constitutes acceptance of the updated Terms. If the User disagrees, they are invited to close their Account.

These Terms are governed by French law. In the event of a dispute, the parties undertake to seek an amicable resolution within a reasonable timeframe.

Failing an amicable resolution, consumers may have recourse to consumer mediation in accordance with Articles L.612-1 et seq. of the French Consumer Code. For business users, the competent courts of Paris shall have sole jurisdiction over the matter.

For any question relating to these Terms: