Terms & Conditions

AVA — TERMS AND CONDITIONS OF USE

Version: 1.5 | Date: 28 April 2026 Legal Team & DPO Havas FR

1. Purpose

These Terms and Conditions of Use (T&Cs) govern the access to and use of AVA, Havas' secure internal portal, enabling Users to generate, analyse and transform content via AI Systems approved by the Havas Group.

These T&Cs apply to any User wishing to access and use AVA, who shall be required to accept these T&Cs prior to being granted access to AVA. Any access to or use of AVA is subject to the T&Cs, which each User undertakes to comply with.

Havas may modify the T&Cs at any time and without prior notice in order to adapt them, in particular, to technical changes to AVA, changes in applicable regulations, rules issued by Havas, and governance decisions. Such modifications shall take effect upon publication online, and Users shall be duly notified of any modification to the T&Cs via AVA. Continued use of AVA following any such modification shall constitute acceptance of the modified T&Cs in their entirety.

2. Definitions

  • AVA: refers to the LLMs portal and AI agent portal, providing secure and centralized access to the most advanced AI models approved by the Havas Group. AVA is a secure space where Users can produce, collaborate and share, with support on security, cost control and responsible use, accessible via the following URL: ava.havas.com.
  • Havas AI Charter: refers to the Havas policy governing the responsible use of AI accessible in the intranet (Agora) in the section: HAVAS AI POLICY 2026.
  • User Content: refers to prompts, documents, data and instructions provided by the User.
  • Confidential Data: refers to data belonging to Havas, its customers, its employees, and/or its suppliers and service providers.
  • Personal data: means any information relating to an identified or identifiable natural person, whether directly or indirectly, as defined in the EU by Regulation (EU) 2016/679 of 27 April 2016 ("GDPR"), in the United Kingdom by the data protection regulations ("UK GDPR") and, for other jurisdictions, by the applicable data protection regulations (PII).
  • Sensitive data: refers to special categories of data, together with regulated data, including in particular:
    • data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; data concerning sex life or sexual orientation; genetic or biometric data; personal data relating to any minor; data relating to the health of a natural person;
    • social security number, credit or debit card data, financial account numbers as well as data relating to criminal convictions and offences.
  • Safeguards: technical/organizational mechanisms for security, moderation and filtering of User Content.
  • Havas: refers to Havas and all companies owned directly or indirectly by Havas.
  • Results: refers to content generated via AVA from User Content.
  • AI System: refers to any automated system that is designed to operate at different levels of autonomy and can demonstrate adaptability after its deployment, and that for explicit or implicit purposes, deduces, from the User Content it receives, how to generate outputs such as predictions, content, recommendations or decisions that may influence physical or virtual environments.
  • User: refers to any user authorised by Havas, regardless of their geographical location, who holds an active account on AVA, has obtained ProfAI certification and has accepted these T&Cs.

3. Conditions of Access

3.1 Eligibility

Access to and use of AVA requires: (i) an active AVA account, (ii) an active Converged.AI account, (iii) obtaining ProfAI certification, (iv) acceptance of these T&Cs and compliance with the Havas AI Charter.

3.2 Clearances and Suspension

Havas may at any time and without notice restrict, suspend or withdraw access to AVA to any User, in particular for security reasons and/or non-compliance with these T&Cs.

AVA may also be rendered temporarily unavailable for reasons related to maintenance operations and/or the implementation of improvements and/or modifications to AVA.

4. Responsibilities of the User

The User is solely and fully responsible for the use of AVA and undertakes to: (i) use AVA only for professional purposes, (ii) strictly comply with these T&Cs, the Havas AI Charter and all applicable internal policies, (iii) enter only strictly necessary data, (iv) not use any Personal Data or Confidential Data, except with the prior written consent of the person concerned (whether a legal entity or a natural person), (v) verify the accuracy, completeness and legal compliance of the Results before their dissemination or use, including with respect to intellectual property rights, confidentiality obligations and applicable regulations, (vi) communicate externally only Results validated by the User and, where applicable, by the legal department, (vii) take all reasonable measures to safeguard the security and confidentiality of AVA and the data processed therein.

The User shall immediately inform Havas' IT teams and, where appropriate, the relevant legal department and/or DPO, in the event of knowledge or reasonable suspicion of a data breach, security breach, unauthorised access, cyberattack, misuse of Confidential Data, infringement of intellectual property rights or any other incident affecting AVA. Failure to report such incidents in a timely manner may constitute a breach of these T&Cs.

In general, the User undertakes to use AVA responsibly and in strict compliance with all applicable security, confidentiality and intellectual property obligations. The User undertakes not to use AVA for fraudulent purposes and not to engage in any conduct likely to harm the image, interests, rights, confidential information or intellectual property of the Havas Group or of third parties, or to commit abusive or malicious acts such as:

  • Hacking, introducing viruses or malicious code,
  • Accessing or attempting to access AVA, its systems or codes without authorization,
  • Alteration, access or extraction of unauthorized data or information,
  • Damage to the integrity and/or performance of AVA.

In general, the User undertakes not to act in a way that could damage, disrupt or overload AVA or prevent, by any means whatsoever, its use and/or normal operation.

Users are encouraged to stay informed and regularly follow the AI-related training courses available on Havas University. In particular, at Havas' discretion, certain training courses may be made mandatory in order to access and use AVA.

5. Restrictions on Use

The User is informed that the following uses are strictly prohibited in the context of their use of AVA: (a) using AVA for non-professional purposes, (b) circumventing Safeguards, content filters, moderation mechanisms or any technical or organisational security measures, (c) importing or entering Personal Data, (d) carrying out processing aimed at profiling or evaluating individuals, (e) reverse-engineering models, (f) uploading or entering any Confidential Data without the prior written consent of its owner (including data belonging to Havas, a customer, a supplier, a partner or a service provider), it being specified that the User bears full responsibility for verifying the confidential nature of any data prior to its input, (g) uploading or integrating content that violates or is likely to violate the intellectual property rights or any other rights of third parties (including but not limited to images, fonts, music, models, protected works, databases, etc.) and/or any unlawful content (content that may be considered offensive, defamatory, racist, contrary to public order, morality and good morals, pornographic, discriminatory or constituting an incitement to crimes, offences or hatred based on race, religion, sex, appearance or any other ground), (h) uploading video and audio content (excluding voice input functionality of any kind).

6. Moderation

The Safeguards block or limit, as a preventive measure, the insertion in the User Content of the following elements: (i) illegal content as referred to in Article 5 above; (ii) User Content aimed at generating Results that do not comply with the applicable regulations, and/or the T&Cs and/or the Havas AI Charter.

Users are informed that Havas reserves the right to: (i) verify at any time the activity and/or User Content and/or Results stored on its information systems in order to verify their compliance with the T&Cs, (ii) take any sanction deemed appropriate in the event of non-compliance with the T&Cs under the conditions set out in Article 12 below.

7. Privacy & Protection of Personal Data

7.1 Principles

In the context of Havas' relationships with its clients, service providers, suppliers or partners, information that may be considered confidential is used and/or produced, whether it be data of customers, service providers, suppliers or partners, or data specific to the Havas Group and its agencies. This may include, without limitation, contractual terms, financial data, business proposals, the results of a specific campaign or suggestions for improvement, creative materials, internal information, trade secrets and any other proprietary information. Havas is bound by strict confidentiality agreements with its customers, service providers, suppliers or partners. Users acknowledge that any unauthorised disclosure of Confidential Data may cause irreparable harm to Havas and/or the relevant third party and may give rise to legal proceedings.

Consequently, in order to preserve confidentiality, Users must exercise the utmost care and diligence to ensure that the information and data inserted in the User Content do not contain any Confidential Data. In the event that Confidential Data must imperatively be used in the context of AVA, the User shall, prior to any such use, obtain and retain evidence of the prior written consent of the person or entity (customers, suppliers, partners, service providers) who is the owner thereof, authorising the use of such Confidential Data in AVA. The User shall remain personally accountable for any breach of confidentiality resulting from their use of AVA.

If you have any doubts or questions about the use of Personal Data in connection with the use of AVA, please contact your DPO or Legal Department.

7.2 Personal data

The protection of personal data is a priority for the Havas Group.

The Group is strongly involved in the protection of Personal Data and has expressed its commitments in its data protection policies. In this context, the use of the AVA platform must be carried out in accordance with these commitments.

It is therefore mandatory to exclude any transmission of Personal Data when submitting a request, by first deleting or anonymising any Personal Data that may appear therein. The User shall verify, prior to each use, that no Personal Data is included in any input submitted to AVA.

In the event that any Results obtained include Personal Data, such data shall not be used or, if its use is indispensable, the User shall first verify the legal basis for reusing such data in the intended context.

Finally, it is recalled that the use of any Sensitive Data or regulated data within the framework of AVA is strictly prohibited.

If you have any doubts or questions about the use of Personal Data in connection with the use of AVA, please contact your DPO or Legal Department.

8. Intellectual Property (IP)

8.1 Data and Results

The Results generated through AVA are, unless otherwise expressly agreed in writing, owned exclusively by Havas, for internal and/or external purposes, subject to third-party rights and associated licenses. The User shall not acquire any intellectual property rights over the Results by virtue of their use of AVA.

The Results are generated by automated means and are not subject to any guarantee of originality, ownership or transferability of intellectual property rights, to the fullest extent permitted by law.

The use of AVA does not entail any transfer, assignment or license of rights to the User over the technologies, models, algorithms, databases, architectures, software, source code, documentation or any other components of AVA, all of which remain the exclusive and sole property of Havas and/or its partners. Any unauthorised reproduction, extraction, adaptation or exploitation of any element of AVA is strictly prohibited.

It is the User's sole responsibility to verify, before any distribution, communication, exploitation or use of the Results, that they comply with all applicable intellectual property rights, associated licences, contractual commitments in force and any other third-party rights.

8.2 Rights of third parties

It is the User's responsibility to ensure that any third-party material used in connection with AVA (in particular typography, images, videos, music, voices, model data, protected works, databases or any other content subject to third-party rights) is used in strict compliance with the applicable licences, authorisations and rights. The User shall carry out all necessary due diligence to ascertain the existence and scope of any third-party rights prior to using such material as User Content in AVA.

In the absence of the necessary rights and authorisations, the use of such content as input is strictly prohibited.

The User acknowledges that any violation of the rights of third parties resulting from:

  • the inputs provided,
  • the use thereof,
  • or the dissemination of the Results, shall be the sole responsibility of the User, and Havas shall not be held liable in this respect.

9. Retention of User Content and Results

User Content and Results are recorded and stored in a secure database hosted within Havas' Microsoft Azure environment. Havas implements and maintains appropriate technical and organizational measures to ensure the security, integrity and confidentiality of stored User Content and Results in accordance with applicable regulations and industry best practices.

User Content and Results are retained for the following purposes:

  • the improvement and technical support of the service,
  • IT security and prevention of misuse,
  • regulatory compliance,
  • the traceability of User Content and Results in order to enable Havas to have means of proof in the event of a request from a third party or a dispute relating to any Result produced with the assistance of AVA.

User Content and Results are retained for the applicable legal limitation periods, unless otherwise required by law.

Access to the history of User Content and Results is strictly limited to duly authorised Havas personnel, acting in the course of their duties and subject to appropriate confidentiality obligations. Havas maintains access control mechanisms and audit trails to ensure the traceability and security of all access to stored data.

10. Security

Access to AVA is permitted exclusively via Havas-authorised hardware and the SSO connection established by Havas. The User undertakes to: (i) protect their identifiers and credentials and not share them with any third party, (ii) maintain the confidentiality and security of the work environment, (iii) immediately report any security incident, suspected breach or unauthorised access, (iv) not upload suspicious files or files whose origin has not been verified, (v) comply with all security policies and procedures issued by Havas from time to time. Any failure to comply with these security obligations may result in immediate suspension of access to AVA.

Havas undertakes to provide proportionate technical monitoring, access control, security patches, periodic security reviews and incident response procedures. Havas shall implement and maintain appropriate technical and organisational security measures designed to protect AVA, User Content and Results against unauthorised access, loss, alteration or disclosure, in accordance with applicable regulations and industry standards.

11. Regulatory Compliance

Users undertake to comply strictly with all regulatory provisions applicable to the use of AVA, in particular: (i) the GDPR and/or any other data protection regulations applicable to the User — Users are invited to follow the data protection training courses available on Havas University; (ii) applicable laws (including intellectual property law) and the AI Act (where applicable); (iii) all applicable confidentiality and security obligations; (iv) all internal policies, guidelines and written instructions provided by Havas. Users acknowledge that non-compliance with any applicable regulatory requirement in connection with their use of AVA may expose both the User and, consequently, if relevant, Havas to regulatory sanctions, and undertake to cooperate fully with Havas in ensuring ongoing compliance.

12. Limitations of Liability

AVA is based on artificial intelligence technologies that can generate inaccurate, incomplete, biased, or erroneous results, including hallucinations (results generated that appear factual but are actually manufactured by the Artificial Intelligence System).

The Results provided by AVA are generated in an automated manner, without prior human validation.

As a result:

  • Havas does not warrant the accuracy, reliability, completeness, or fitness for any particular purpose;
  • Havas shall not be liable for any decisions, actions, interpretations or uses made by the User on the basis of the Results;
  • The User remains solely responsible for:
    • the review/validation of the Results,
    • verification of their accuracy and compliance (including legal, regulatory, contractual and ethical matters),
    • the compliance of User Content provided in AVA,
    • and the use, dissemination or exploitation of the Results, including with regard to third parties.

AVA is in no way a substitute for the User's human analysis, judgement or professional expertise, which remain essential before any decision or communication is made.

13. Penalties

Any non-compliance with these T&Cs, applicable internal policies, confidentiality or intellectual property obligations, or regulations in force is likely to result, depending on the nature and seriousness of the facts, in one or more of the following measures, without prior notice where the circumstances so require:

  • Warning and/or temporary or permanent suspension of access to AVA;
  • Withdrawal of access to associated tools;
  • Disciplinary measures, in accordance with applicable HR rules and procedures;
  • Any appropriate legal action, if any.

14. Contacts

If you have any questions about the content of the T&Cs, you can contact the following teams:

15. Applicable Law – Competent Jurisdiction

The T&Cs are subject to the local law applicable to the User's place of establishment and any resulting claim or dispute will be submitted to the competent local courts.

16. General Provisions

In the event that any of the provisions of these T&Cs are declared null and void, it will be deleted or replaced. A declaration of nullity would in no way affect the rest of the provisions of the T&Cs.

The fact that Havas has not required the application of a clause or a right resulting from any provision of the T&Cs shall in no way be considered as a waiver thereof.