General Terms and Conditions of Sale
Use of the Site
The Customer undertakes to keep all access data to the Software (e.g. password and login email) secret. The Customer undertakes to refrain from any actions that compromise the functionality or operation of the Software. In particular, the Customer is prohibited from carrying out any actions that scan or test weak points of the Software, bypass security systems or access systems of the Software, integrate malware into the Software and commit any act of hacking.
Furthermore, The Customer agrees not to use and/or exploit the electronic and/or postal contact details of the Website with the intention of sending mass e-mail solicitations and engaging in the practice of spamming. The Customer guarantees that it has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, and trademark rights) for processing the uploaded photos.
Furthermore, the Customer agrees not to use the Website for the following purposes: Research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, and creation of fake news. Use by organisations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin is also prohibited. The Customer also agrees not to use the Website for illicit purposes and/or with the aim of causing damage to the reputation and image of the Website or more generally to infringe the rights, in particular intellectual property rights, of the Website and/or third parties. The Customer agrees to provide correct, complete, and accurate purchase, personal and account information for all purchases made via the Software.
The Customer further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as may be needed.
The Customer agrees to access and use the Website and the services in good faith, in a reasonable manner, not contrary to the terms of these Terms and Conditions and for strictly personal and non-profit use. Transfer of the Software for use by third parties or other provision to third parties, such as by way of letting, is not permitted.
Furthermore, the Customer agrees not to reuse all or part of the Website and the services it contains, in particular for commercial and/or collective and/or personal purposes in a form and/or medium not authorized by the Company.
The Customer agrees not to use any devices or software other than those provided by the Company for the purpose of i) affecting or attempting to affect the proper functioning of the Website and/or the services it contains ii) or to extract, modify, consult, reverse engineer, all or part of the Website.
The Customer agrees not to reproduce, represent all or part of the Website for private purposes beyond the legal exceptions provided by intellectual property law, or with a view to direct or indirect marketing, in particular to third parties.
The Customer shall acquire the non-exclusive right, which is limited in time to the duration of this Contract, to use the Software to the extent of the selected variant worldwide for internal or its own use.
In the event of failure to comply with any of these obligations and, without this list being exhaustive, the Customer acknowledges and accepts that the Website shall have the right to refuse, unilaterally and without prior notice, access to all or part of the Website and to terminate the Contract(s), without the Customer being able to claim any reimbursement, credit or compensation.
The Customer also declares that he has the knowledge, skills and resources, in particular human and technical, required to use the Website
The Services distributed online by the Website are those that appear on the Site, on the day the Client consults the Site and within the limits of their availability and the availability of the various service providers involved. In case of unavailability of a Service, the Website will inform the Client as soon as possible by e-mail of the availability of a partial order or the cancellation of his order.
However, in case of unavailability of the Service ordered by the Client, the Website will be likely to propose or deliver to the Client a Service of equivalent quality and price. If the Client's bank account has already been debited at the time of the Client's aforementioned information, the Website undertakes to reimburse the Client as soon as possible, the price of the unavailable Service on the bank account debited at the time of the order. At any time, the Website reserves the right to modify or no longer market the Services offered on the Site, these modifications will not affect the orders that the Website would have accepted before the coming into force of these modifications.
Terms of payment
The Customer acknowledges and agrees to be billed through an online billing account for purchases made via the Website.
Upon making a purchase, the Customer authorizes us to charge the chosen payment method for any such amounts and to charge the same payment method on a recurring basis without requiring prior approval for each recurring charge, until notification of cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the Site and to change prices at any time. All payments shall be in USD.
Taxes and duties which are related to the current fee shall be paid by the Customer. The Customer hereby indemnifies the Operator in this respect. The Customer's activation shall take place as soon as the current fee has been paid. Should the Customer be in default even for one day only, the Operator is entitled to prohibit the Customer from further use of the Software and cancel all services.
This is without prejudice to the obligation of the Customer to pay the agreed fee. The Customer is not entitled to offset claims against the Operator unless such claims have been legally established by a court
Order of Service
By browsing the Site, the Customer has the opportunity to freely take note of the various Services offered for sale on the day of consultation of the Site.
The Customer has the opportunity, at any time during the order process, i.e. until the effective payment of the order under the conditions set below, to return to his order in order to complete, modify or even cancel it. Once the selection of the Services has been completed, the Customer will be invited to communicate his contact details by filling in the Order Form made available to him.
In this respect, the Customer formally agrees to provide a valid and functional e-mail address that does not constitute the offence of impersonation.
In case of false and/or misleading supply of the e-mail address by the Customer, the Website reserves the right to cancel the order without delay and without the Customer being able to claim any compensation.
The payment of the order is made on the Internet in USD by an electronic payment system. the Website uses a secure payment tool and guarantees the Customer that he never has access to confidential information relating to the means of payment used by the latter to pay for his order. In order to proceed with the payment due, the Customer will be asked to provide the credit card number, the CVV, the expiry date of the card and, if applicable, the visual cryptogram.
As soon as the payment information is communicated, the Customer will be invited to click on the payment confirmation button in order to proceed with the payment of his order and test the offer for 48 hours. By clicking on the payment confirmation button during the order process, the Customer declare having read and accepted fully and unreservedly all of these General Terms and Conditions of Sale.
The Customer's bank details are requested for each order insofar as only the bank chosen by the Website to carry out this financial transaction remains in possession of the confidential information.
To this end, the Client guarantees the Website that he has the authorizations that may be necessary to use the payment method chosen at the time of the validation of the order and that this bank card gives access to sufficient funds to cover all the costs resulting from the payment on the site of the Website.
Once the payment of an order has been executed, a summary of the Customer's order will be displayed and will notably mention the references of the order. The data recorded by the Website constitutes proof of all the transactions made between the Website and the Client.
The Website informs the Client that bank charges are invoiced by his bank for each Service subscription on the Site. The order will only be considered firm and definitive once confirmed by the Website to the Client after receipt of payment. the Website reserves the right to refuse any order or any access to the Service in the event of a dispute with the Client following in particular the Client's failure to respect the obligations subscribed to under the terms of the present General Terms and Conditions of Sale, in particular with regard to any incident of payment of the price of an order, likely to lead to the suspension of access to the Site of the Website, or even the termination of the present Contract without prejudice to any damages that the Website may request.
Following the payment of the order, the confirmation of the Website will be sent as soon as possible by e-mail. This order confirmation e-mail sent by the Website will include the reference of the order determined by the Website at the time of its validation by the Customer, the summary of the order (designation of the Service(s) ordered, quantity, price). the total amount of the order, all taxes included, the payment confirmation, the terms and conditions relating to access to the Service ordered.
The Website retains at all times control of the Client's access to the Services ordered until full payment of the order price. In case of non-payment, the Website reserves the right to suspend access to the ordered Services under the conditions of article 17.
The Customer is informed that the subscription procedure is carried out exclusively online, on the Website. The Customer is informed of the need to communicate a valid e-mail address in order to receive an e-mail confirming the creation of the said account.
As soon as the Registration Form has been validated, the Website will assign by email to the Customer his Identifying Codes, i.e. a Login and a Password. The Customer acknowledges that these Login and Password constitute the only means of validating the Customer's access to the Services and the online administration, to the exclusion of any other means.
The Customer accepts that all acts carried out using the aforementioned Login and Password shall be considered as having been carried out by the Customer himself and shall be deemed authentic. The Client accepts that the computer or electronic records made by the Website and/or by its suppliers for the delivery of the Services, of all operations carried out in particular through its Admin, may be opposed or used before any competent administrative and/or judicial authority as evidence.
The Client acknowledges that it is solely responsible for the actions carried out using its Login and Password. He undertakes to maintain and keep these Identifying Codes strictly confidential, not to disclose them to third parties even temporarily in any form whatsoever and to use them only for strictly personal purposes.
In the event of loss, theft or any fraudulent act with regard to the Identifying Codes, it is up to the Customer to inform the Website as soon as possible by email and/or by registered letter with acknowledgement of receipt, and to prove his identity by any means. Upon receipt of this duly justified written notification, the Website will study the file and may, for security reasons, suspend all access to the Admin.
The Website will process the Client's request as soon as possible and will send him/her the new Identifying Codes by e-mail. The Client remains responsible for the use of the Service by third parties until the modification by the Website of the Identifying Codes, thus the Client guarantees the Website against any action or claim concerning the loss of data resulting from the loss or fraudulent use of his Identifying Codes.
The Client is reminded that his express confirmation of his Personal Information will exonerate the Website from any responsibility regarding the data provided and confirmed by him. The Client is obliged to always update his Personal Information by following the procedures provided by the Website. Should the data provided prove to be inaccurate, incomplete or misleading, the Website reserves the right not to activate and/or suspend the Service until the Customer corrects its errors, and to terminate the Contract(s) by operation of law in the event of failure by the Customer to update within the required timeframe, without the Customer being able to claim any reimbursement, credit or compensation.
The same applies in the event that the competent bodies (e.g. banks or credit card/bank holders) dispute payments made by the Customer. By subscribing to our service, the Customer will benefit from unlimited access to our services a quick unsubscription upon request.
The Customer agrees to pay the sum of USD $35 per month to access the offer outlined above
48-hour Test Offer
When the Customer orders a Service as part of the order procedure described in the hereby agreement, the Website offers the Customer the possibility to test the Service for a period of 48 hours from the validation of the said order by the Customer. In order to benefit from this 48-hour test offer, the Customer must pay the Website the sum of USD $1. Thus, for a period of 48 hours, the Customer has the time to test the service offered by the Website.
At any time, the Customer has the choice to subscribe or not to the full version of the Service. If the Customer decides not to subscribe to it, he shall request the cancellation of his Subscription before the end of the 48-hour test offer period by using the contact form on the contact page or by using the dedicated unsubscription form on the unsubscription page. Any cancellation request made after the expiry of the said 48-hour period shall automatically lead to the Subscription being activated at the sum of USD $35 per month.
It is understood that the subscription to the Service by the Customer, including for its 48-hour test version, implies full acceptance of the terms and conditions herein.
The duration of the Service provided by the Website to the Customer is the one specified in the Order Form or by default a duration of (1) one month from the expiry of the 48 hours test period. The Service is tacitly renewable for the same duration unless the Customer cancels his subscription under the conditions of Article 17.
The Customer is informed that the Service will be automatically interrupted and deleted on the expiry date indicated in the Admin and by email, if it has not been duly paid before the expiry date.
Invoices will be available by contacting us through the contact form in the contact page.
The Site is owned by the Website. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“the Website Content”), is owned by the Website, or its licensors.
All elements of the Site, including the Website Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Website has adopted a policy of terminating, in appropriate circumstances and at the Website's sole discretion, account holders who infringe the intellectual property rights of the Website or any third party.
Dispute and Reimbursement
Any request for cancellation of payment will be contested by the Website. This contestation will be accompanied by the evidence in our possession.
In the event of a dispute, the customer may contact customer service by using the contact form on the contact page. We will answer you treat your request by bringing you an answer as soon as possible.
If the customer is not satisfied, the latter may apply for a refund under the same provisions as for disputes.
Reimbursement is made as soon as the claim is accepted, usually the re-crediting of these sums is effective less than 7 days after acceptance of the claim.
Changes to Site Terms
the Website reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site.
Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit the website
the Website makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.
Such sites are not under the control of the Website and the Website is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. the Website provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Website of any site or any information contained therein.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Website shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings
Non-renunciation of the General Terms and Conditions of Sale,
The fact that one of the Parties to these General Terms and Conditions of Sale has not required the application of any clause whatsoever, whether permanently or temporarily, shall under no circumstances be considered as a waiver of that Party's rights arising from the said clause.
Nullity of the Agreement
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other provisions of these General Terms and Conditions of Sale shall retain all their force and scope. If necessary, the Website undertakes to delete and replace the said clause immediately with a legally valid clause.
Termination of the Agreement
In the event of termination for any reason whatsoever or the expiry of this Agreement, the Customer shall be responsible for the recovery of all the Data belonging to him before the end of the term of the Agreement - at the latest 24 hours before the end of the term. Failing this, these elements will only be accessible in paid consultation mode
You agree to defend, indemnify and hold harmless the Website, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the the Website Content, or your violation of any rights of another
THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE the Website CONTENT, ARE PROVIDED “AS IS” AND the Website AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. The Website WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE WEBSITE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT the Website, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE WEBSITE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE WEBSITE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
The Website uses reasonable efforts to ensure the accuracy, correctness and reliability of the Website Content, but we make no representations or warranties as to the Website Content’s accuracy, correctness or reliability.
The Website offers a search feature within the Site. The Website explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. the Website also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL the Website, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE the Website CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM the Website, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO the Website' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF the Website, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO the Website FOR ACCESS TO OR USE OF THE SITE
Questions and Contact Information
Please contact us if you have any questions or comments about the Site or Site Terms