Marto.AI
Back to home

Terms of Service — Marto.AI

Last updated: October 4, 2026

The French version prevails. This English text is provided for convenience only. In the event of any discrepancy between language versions, the French version (version française) is the authoritative one (article 16), subject to the mandatory provisions applicable to consumers.

Article 1 — Publisher of the Service

The Marto.AI service, comprising the website, the web application, the mobile application and the associated services (together, the "Service"), is published by LCB LA COMPAGNIE BASQUE, a French simplified joint-stock company with a sole shareholder (SASU), registered with the Paris trade and companies register under number 980 885 073, whose registered office is at 15 rue de la Présentation, 75011 Paris, France (the "Publisher").

Contact: the support form (https://www.marto.ai/en/support).

The User consents in advance, in accordance with article 1216 of the French Civil Code, to the assignment of these Terms by the Publisher to any company succeeding to its rights, in particular by merger, contribution or transfer of business. The assignment, recorded in writing, shall take effect as against the User from its notification, in accordance with the notification arrangements provided for in article 14, without any diminution of the User's rights.

Article 2 — Definitions

The following capitalised terms have the meanings set out below:

  • "User": any natural person holding an account on the Service.
  • "Professional User": a User acting for purposes falling within the scope of their commercial, industrial, craft, professional or agricultural activity.
  • "Consumer User": a User acting for purposes falling outside the scope of such an activity.
  • "Organization": the workspace created on the Service by one or more Users and, where applicable, the legal entity it represents.
  • "Member": a User attached to an Organization, whose role (owner, auctioneer or collaborator) determines their permissions within the Service.
  • "Content": all items uploaded to the Service or created within the Service by Users, in particular photographs, lot descriptions, inventory data, documents, signatures and information relating to the Organization's clients.
  • "Data Subjects concerned": the natural or legal persons whose assets are the subject of an inventory operation (in particular the Organization's clients, deceased persons, heirs and debtors). The Data Subjects concerned are not Users and are not parties to these Terms; only natural persons enjoy the rights provided for by data protection legislation.
  • "De-identified Data": data derived from Content from which every element capable of identifying a natural person, an Organization or a Data Subject concerned has been removed or irreversibly transformed, such that re-identification is not reasonably possible, taking account of all the means reasonably likely to be used by the Publisher or by a third party (cost, time and available technology).

Article 3 — Purpose and acceptance

The purpose of the Service is the production of inventories: cataloguing lots, photography, organisation into operations and sections, signed exports.

The creation of an account, evidenced by an express manifestation of acceptance at sign-up, constitutes acceptance of these terms of service (the "Terms"). The User acknowledges having read the Privacy policy. The User declares that they are of full age (eighteen years or over) and have the legal capacity to contract.

The Service is, as at the date hereof, intended for Professional Users. The opening of an offering intended for consumers will be the subject of an update to these Terms, including in particular the designation of a consumer mediator, pre-contractual information and the arrangements for exercising the right of withdrawal. If a Consumer User nevertheless uses the Service, they enjoy the mandatory consumer-protection provisions applicable in their country of habitual residence, from which these Terms may not derogate (articles 6, 12 and 17).

Article 4 — Account and security

The User provides accurate information when creating their account and keeps it up to date. They ensure the confidentiality of their credentials and remain responsible for all activity carried out from their account, except where the unauthorised use of that account is not attributable to them. They shall notify the Publisher without delay of any unauthorised use of which they become aware. Authentication by means of the Google or Apple services remains governed, as regards those services, by those providers' own terms.

Article 5 — Organizations, roles and professional obligations

A User who creates an Organization or invites Members to it warrants that they have the necessary authority to do so. Each Organization remains solely responsible for:

  • compliance with its professional and ethical obligations, in particular professional secrecy, the mandates it has received and, where applicable, the obligations attaching to the status of ministerial officer;
  • the lawfulness of the Content uploaded to the Service by it and by its Members;
  • informing its own clients and the Data Subjects concerned, in accordance with applicable data protection legislation, under the conditions set out in the data processing annex.

The Publisher provides a software tool. It does not hold the status of ministerial officer, provides no inventory, valuation or legal advice service, and is not a party to the relationship between the Organization and its clients.

Article 6 — Financial terms

The Service is provided free of charge as at the date hereof. The Publisher reserves the right to introduce paid offerings or to modify the scope of the free offering, subject to at least thirty (30) days' notice, given by email or within the Service. No feature in use will be made chargeable without such notice; during the notice period, any User may export their Content and terminate free of charge. The terms applicable to paid offerings (price, taxes, termination and refund arrangements) will be the subject of special conditions when they are introduced.

Consumer Users benefit in any event from the legal guarantee of conformity for digital content and services (articles L.224-25-1 et seq. of the French Consumer Code) and, where applicable, from the right of withdrawal provided for in articles L.221-18 et seq. of the same Code.

Article 7 — Content: ownership and warranties

Content remains the property of the User or the Organization that uploaded it. The Publisher claims no ownership right over Content.

Content uploaded or created by a Member within an Organization, including Content relating to that Organization's clients and to the Data Subjects concerned, belongs to that Organization and not to the Member. That allocation determines, in particular, who exercises the right of withdrawal under article 8.3, the term of the licences under article 8.6 and what becomes of the Content upon deletion of an account (article 13). It does not prejudge any author's rights a Member may hold personally over a Content item, which remain governed by the general law.

The User warrants that they hold the rights and authorisations necessary to upload the Content to the Service and to grant the licences provided for in article 8, and warrants that the Content infringes neither the law nor the rights of third parties, in particular as regards intellectual property, privacy and professional secrecy.

The following are prohibited in particular: unlawful content; content unrelated to the inventory purpose of the Service; any use of the Service prejudicing the rights of the Data Subjects concerned; any breach or attempted breach of the security or integrity of the Service.

The Organization, where it acts for professional purposes, shall indemnify the Publisher against any third-party claim based on Content uploaded in breach of this article. This indemnity does not apply to Consumer Users, whose liability remains governed by the general law.

Article 8 — Licences over Content

8.1 Hosting and operating licence

For the purposes of providing the Service, the User and the Organization grant the Publisher, worldwide and for the term provided for in article 8.6, a non-exclusive, royalty-free licence to host, store, reproduce, adapt (in particular for the purposes of resizing, format conversion and indexing) and display the Content, strictly to the extent necessary for the provision, securing and maintenance of the Service, including through the Publisher's technical sub-processors.

8.2 Improvement and training licence

The User and the Organization further grant the Publisher, on the same terms, a licence to use the Content for the purposes of developing and improving the Service and of training, testing and evaluating artificial intelligence models developed by the Publisher or on its behalf, in particular for the purposes of recognising, describing and assisting with the estimation of lots. The models so built remain the exclusive property of the Publisher. The Publisher implements reasonable measures designed to prevent the reproduction of identifiable Content by those models.

8.3 Right of withdrawal

The User, as regards the Content they have uploaded, and the Organization, as regards all of its Content, may at any time exclude that Content from the uses provided for in article 8.2, through a setting within the Service or by notice sent through the support form, without giving reasons and without affecting the provision of the Service. The withdrawal takes effect for the future: the Content concerned is excluded from any training subsequent to the notice, without effect on models previously built.

The withdrawal exercised by the User takes effect for as long as their account exists and ceases upon deletion of that account. The Content they have uploaded within an Organization belongs to that Organization (article 7) and, from that date, is covered only by any withdrawal exercised by the Organization, which subsists independently of its Members' accounts. Failing a withdrawal exercised by the Organization, that Content becomes covered again, for the future, by the licence provided for in article 8.2. A User who intends the exclusion to outlast their account asks the Organization to exercise its own withdrawal before deleting that account.

8.4 De-identified Data and aggregated data

The Publisher is authorised to build, from the Content, De-identified Data and aggregated data, in particular for statistical purposes and for the purpose of building datasets. Such data, incapable of being linked to a User, an Organization or a Data Subject concerned, may be retained, exploited and licensed to third parties by the Publisher, without limitation as to time or territory. The Publisher refrains from any re-identification operation and contractually imposes the same prohibition on its licensees.

8.5 Limits of the licences

The Publisher shall not:

  1. assign or disclose to third parties, for consideration or free of charge, identifiable Content or personal data, other than to the sub-processors mentioned in the Privacy policy and in the cases provided for by law — only the De-identified Data and aggregated data referred to in article 8.4 may be disclosed to third parties;
  2. exploit Content for advertising purposes on behalf of third parties;
  3. publish or distribute Content, in any form whatsoever, without the prior and express agreement of the Organization concerned, obtained on a per-operation basis or in writing;
  4. claim any ownership right over the Content.

8.6 Term of the licences

The licences provided for in articles 8.1 and 8.2 are granted, for each Content item, by the person to whom that Content belongs within the meaning of article 7. They end:

  • for Content belonging to a User, upon deletion of that Content or of that User's account;
  • for Content belonging to an Organization, upon deletion of that Content or of the Organization. Deletion of a Member's account does not end them, the Content and the licence covering it being matters for the Organization.

In both cases a technical backup purge period not exceeding ninety (90) days applies, and models previously built remain vested in the Publisher. The rights provided for in article 8.4 are granted without limitation as to time, De-identified Data not being linkable to any person within the meaning of the definition given in article 2.

Article 9 — The Publisher's intellectual property

The Service, its software, its interfaces, its trademarks, its databases and the Publisher's artificial intelligence models are and remain the exclusive property of the Publisher or of its licensors. These Terms confer upon the User only a personal, non-exclusive and non-transferable right to use the Service, for the life of their account.

Article 10 — Third-party services

The Service uses third-party providers (hosting, payment, authentication, artificial intelligence model providers), a list of which appears in the Privacy policy. The unavailability of those providers may affect the Service without the Publisher's liability being engaged beyond the provisions of article 12.

Article 11 — Availability and evolution of the Service

The Publisher, bound by an obligation of means, endeavours to ensure continuous access to the Service and carries out regular backups. During its free phase, the Service is provided without any service level commitment, subject, as regards Consumer Users, to the legal guarantee mentioned in article 6. The features of the Service, in particular those flagged as experimental, may be modified, suspended or removed. In the event of permanent discontinuation of the Service, Users will be given at least thirty (30) days' notice enabling them to export their Content.

Article 12 — Liability

To the extent permitted by applicable law:

  • the Publisher is bound, as regards Professional Users, only by an obligation of means; its total liability, on all grounds combined, is capped at the amount actually paid by the Organization during the twelve (12) months preceding the triggering event or, for the free offering, at the sum of one hundred (100) euros;
  • the Publisher is not liable for indirect damage suffered by a Professional User, in particular loss of business, loss of clientele, loss of data subsequent to the last backup, and reputational harm;
  • the Publisher's liability cannot be engaged in the event of force majeure within the meaning of article 1218 of the French Civil Code;
  • no provision of these Terms excludes or limits the Publisher's liability in the event of wilful misconduct or gross negligence, personal injury, or in cases where the law prohibits such a limitation;
  • the provisions of this article limiting or excluding the Publisher's liability do not apply to Consumer Users, whose right to compensation remains entirely governed by the mandatory provisions applicable to them.

The User remains solely responsible for ensuring that their use of the Service complies with their own legal and professional obligations.

Article 13 — Term, termination, deletion of the account

These Terms apply throughout the life of the User's account.

The User may delete their account at any time, directly within the Service, including from the iOS application.

What deleting the account erases. The account itself and the User's personal data: their profile, their memberships of Organizations, their handwritten signatures — both the record and the image —, their exchanges with the assistant, the record of their acceptances of these Terms, and their email address wherever it still appeared on an invitation. Pending invitations addressed to them are revoked.

What deleting the account does not erase, and why. It deletes no Organization. The deletion of an Organization is a matter for its owner, and an Organization subsists even when it no longer has any Member. The Content belonging to it (article 7) therefore remains — inventories, photographs, reports of findings, registers and invoices — the User's name being removed everywhere it appeared there as the author of an entry or of a consultation.

Where an Organization loses its last active Member, the pending invitations it had issued are revoked: an invitation link left open on an Organization that nobody administers any longer would allow a third party to become its owner.

That retention does not rest on the Publisher's convenience: it is necessary for compliance with the statutory retention obligations borne by the Organization, in particular the object register (livre de police), the register consultation log, accounting records and signed reports of findings — whose destruction on the occasion of an individual account deletion would itself be a breach. Removing the name of the author of the entries is not anonymisation within the meaning of article 2: the Content retained remains personal data, in particular that of the Data Subjects concerned, and remains subject to the rights and retention periods described in the Privacy policy.

An Organization without a Member is no longer reachable from the Service. Any request concerning it — takeover by its owner, exercise of a right by a Data Subject concerned, or erasure of whatever no statutory obligation requires to be kept — is to be addressed through the support form (https://www.marto.ai/en/support) or by post to LCB LA COMPAGNIE BASQUE, 15 rue de la Présentation, 75011 Paris, France, and is dealt with within the period stated in the Privacy policy.

Exporting before deleting. The Service offers no account-wide export. Content is exported from the screen of the item concerned: an inventory operation in PDF and XLSX formats, the XLSX containing only a thumbnail of each visible photograph and the original photographs not being included; a report of findings in PDF, DOCX, CSV and XLSX formats; the Organization's register in CSV format. The periods applicable after deletion are those of article 8.6.

The Publisher may suspend or terminate an account in the event of a serious or repeated breach of these Terms, after a formal notice that has remained without effect, save in an emergency arising in particular from unlawful content or a breach of security. Articles 7, 8, 9, 12, 13, 16 and 17 survive the termination of these Terms, on whatever ground.

Article 14 — Amendment of the Terms

The Publisher reserves the right to amend these Terms. Any substantial amendment is notified at least thirty (30) days before it takes effect, by email or within the Service. A User who does not accept the amendment may terminate free of charge before that date; continued use of the Service after it takes effect constitutes acceptance.

By way of exception, any amendment having the effect of extending the scope of the licences provided for in article 8 — whether as regards the purposes, the beneficiaries or the recipients of the Content — applies only to Users and Organizations having expressly accepted it; failing acceptance, the previous licences alone remain applicable.

Article 15 — Provisions specific to Apple's App Store

The provisions of this article apply to the iOS application distributed through the App Store of Apple Inc. ("Apple") and prevail, for that application, over any contrary provision of these Terms.

15.1 Acknowledgement. These Terms are concluded between the User and the Publisher exclusively, and not with Apple; Apple is not a party to these Terms. The Publisher, and not Apple, is solely responsible for the application and its content. These Terms provide for no usage rules for the application that conflict with the Apple Media Services Terms and Conditions, which also apply to the User.

15.2 Scope of licence. The licence granted over the application is limited to a non-transferable licence to use it on any Apple-branded product that the User owns or controls, in compliance with the usage rules set out in the Apple Media Services Terms and Conditions, it being specified that the application may be accessed and used by other accounts associated with the User through Family Sharing or volume purchasing.

15.3 Maintenance and support. The Publisher is solely responsible for maintenance and support in respect of the application. Apple is under no obligation whatsoever to furnish any maintenance or support services.

15.4 Warranty. The Publisher is solely responsible for any warranties applicable to the application, to the extent they have not been effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, the User may notify Apple, and Apple will refund, where applicable, the purchase price of the application; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Publisher's sole responsibility.

15.5 Claims. The Publisher, and not Apple, is responsible for addressing any claim of the User or of a third party relating to the application or the User's possession and use of it, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy and data protection, or similar legislation.

15.6 Intellectual property. In the event of any third-party claim that the application, or the User's possession and use of it, infringes intellectual property rights, the Publisher, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

15.7 Legal compliance. The User represents and warrants (i) that they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) that they are not listed on any U.S. Government list of prohibited or restricted parties.

15.8 Publisher's contact details. Any question, complaint or request relating to the application may be addressed by post to LCB LA COMPAGNIE BASQUE, 15 rue de la Présentation, 75011 Paris, France, or through the support form (https://www.marto.ai/en/support).

15.9 Third-party terms. The User undertakes to comply, in their use of the application, with the applicable third-party terms (for example their mobile data services agreement), as well as with the App Store terms of use.

15.10 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms in so far as they apply to the application; the User's acceptance of these Terms confers upon Apple the right — deemed accepted by it — to enforce them against the User in that capacity.

Article 16 — Miscellaneous

The User may not assign these Terms without the Publisher's prior agreement; the Publisher may assign them under the conditions of article 1. The invalidity of one provision does not affect the validity of the other provisions. A party's failure to rely on a provision does not constitute a waiver of its right to rely on it subsequently. As regards Professional Users, the Service's registers and logs shall constitute evidence between the parties, save proof to the contrary. In the event of any discrepancy between language versions, the French version prevails, subject to the mandatory provisions applicable to consumers.

Article 17 — Governing law and jurisdiction

These Terms are governed by French law.

FOR PROFESSIONAL USERS, AND TO THE EXTENT PERMITTED BY ARTICLE 48 OF THE FRENCH CODE OF CIVIL PROCEDURE OR, FOR INTERNATIONAL DISPUTES, BY ARTICLE 25 OF REGULATION (EU) No 1215/2012, ANY DISPUTE RELATING TO THE FORMATION, INTERPRETATION, PERFORMANCE OR TERMINATION OF THESE TERMS SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR THIRD-PARTY PROCEEDINGS.

For Consumer Users, the mandatory provisions and the courts of the country of habitual residence remain applicable. Prior to the opening of an offering intended for consumers, a consumer mediator will be designated in these Terms in accordance with articles L.612-1 et seq. of the French Consumer Code.

Article 18 — Contact

Any question relating to these Terms may be addressed through the support form (https://www.marto.ai/en/support) or by post to LCB LA COMPAGNIE BASQUE, 15 rue de la Présentation, 75011 Paris, France.