General Terms & Conditions of Sale and Subscription
These General Terms and Conditions of Sale are up to date as of April 15, 2024
1. SCOPE
These General Terms and Conditions of Sale and Subscription (hereinafter the "T&Cs") are offered by the simplified joint-stock company REDACTAI, registered with the RCS of Lyon under number 983 027 673 with a capital of 1,000 euros whose headquarters are located at 12, rue de la Part-Dieu, 69003 Lyon, represented by its legal representative, duly authorized for the purposes here of (hereinafter the"Company").
These T&Cs apply to the subscription of a service offered by the Company and, regardless of the medium used (hereinafter the "Products").
These T&Cs determine the conditions applicable to the relationship between the Company and its Clients regarding the sale of its subscriptions and the use of its Products as provided by the Company to the Clients.
The T&Cs cancel and replace all previous conditions and prevail over any other document previously issued by the Company and/or the Client. Consequently, the use of one or more Products of the Company implies the Client's unreserved acceptance of these T&Cs, to the exclusion of all other documents, such as brochures or catalogs issued by the Company, which are only indicative or promotional.
The Company reserves the right to make changes to these T&Cs at any time, subject to reasonable notice,without such changes affecting current orders.
The fact that the Company does not invoke any of the provisions of these T&Cs at a given time cannot be interpreted as a waiver of the right to invoke them later.
2. SUBSCRIPTION TO THE PLATFORM
The Company offers its Clients to subscribe to an online platform (hereinafter the "Platform"),offering various services to Clients, including services related to the generation of articles and written content based on artificial intelligence assistance(the "Deliverables") by providing access to online tools (the"Tools").
These services are offered in the form of subscriptions to Clients.
The Client subscribes to a subscription online on the Company's website accessible at https://www.redactai.io/ or by any other means indicated by the Company.
The subscription only becomes definitive when it has been duly accepted by the Company (hereinafter "the Subscription"). In the absence of any dispute regarding the order by the Company within three business days from receipt, the subscription is deemed accepted.
No cancellation or modification of the order, in whole or in part, by the Company's Clients can be made without the prior written consent of the Company.
3. USE OF TOOLS PROVIDED ON THE PLATFORM
The Client is invited to select the Tools necessary for the use of the Services offered by the Platform.
4. BILLING AND PAYMENT TERMS
4.1. Price:
4.1.1. Setting the price and billing:
The Company's prices are not inclusive of all taxes.
The Company's invoices are established based on the rate in effect on the day of the Subscription.
The subscription price is,according to the chosen plan:
Monthly Plan:
- Essential: 18.90 euros HT /month for 8 posts per month;
- Creator: 34.90 euros HT / month for 23 posts per month;
- 65 euros HT / month for 50 posts per month;
- 120 euros HT / month for 100 posts per month;
- 220 euros HT / month for 200 posts per month;
- 500 euros HT / month for 500 posts per month.
Annual Plan:
- Essential: 189.90 euros HT /year
- Creator: 349 euros HT / year for 23 posts per month;
- 650 euros HT / year for 50 posts per month;
- 1200 euros HT / year for 100 posts per month;
- 2200 euros HT / year for 200 posts per month;
- 5000 euros HT / year for 500 posts per month.
No refunds will be made, and any month started is due.
4.1.2. Price modification:
Without prejudice to the foregoing and subject to the application of current legislation, the Company's prices regarding the subscription can be modified under the conditions mentioned here.
4.2. Payment conditions
4.2.1. Methods and payment terms:
All subscriptions from Clients subscribed with the Company are payable at the headquarters.
Payments are due upon receipt of the invoice.
Payments can be made by bank transfer, check, SEPA direct debit, or credit card.
4.2.2. Late payment penalties and lump-sum indemnity for collection costs:
Non-payment by the due date entails:
- the immediate payment of all out standing claims,
- the possibility for the Company to cancel any ongoing orders without notice.
Additionally, non-payment will automatically incur late interest calculated at three times the legal interest rate, capped at the current usury rate. This legal interest rate is equal to the interest rate applied by the European Central Bank to its most recentre financing operation plus 10 percentage points (in accordance with the Commercial Code), with return and banking submission fees being the debtor's responsibility.
Furthermore, a fixed indemnity for collection costs of a minimum of 40 euros is due by professional debtors in the event of late payment (Article D.441-5 of the Commercial Code).
Failure to meet a financial commitment immediately results in the cancellation of any benefits that may have been previously granted; this cancellation also applies in cases of cessation of activity, bankruptcy, liquidation or judicial settlement.
5. ACCESS TO THE PLATFORM AND USE OF TOOLS
Access to and consultation of the services offered by the Company is done by consulting the Company's website accessible at https://www.redactai.io/.
The Client accesses and benefits from the Platform's features via an internet connection. The Client can access and use the Platform at any time (24/24 hours and 7/7 days), except during maintenance periods and subject to periods of unavailability of the solution.
Users must use operating systems and internet browsers compatible with the Platform.
Access to the Platform is done using the identifiers provided to the Client.
These identifiers are intended to reserve access for the Client's users, protect the integrity and availability of the Platform as well as the confidentiality of the Client's data as transmitted by the Client's users.
The identifiers are personal and confidential and can only be changed at the Client's request. The Client must keep the supplied identifiers secret and not disclose them in any form.
The Client is fully responsible for the use of the identifiers by the users. The Client must ensure that no other unauthorized person has access to the Platform. Generally, the Client is responsible for the security of the access systems to the Solution.
In case of loss of an identifier,the Client will inform the Company and use the identifier recovery procedure established by the Company.
The Client is informed and accepts that the terms of use of the Tools vary from one tool to another according to each publisher's terms of use. In this respect, the Client is informed that the Company does not control the availability or compliance of the Tools, which the Client accepts.
Moreover, it is recalled that the Client can use only up to six tools simultaneously. Consequently, any change of Tool will result in the loss of data generated by the Tool thus replaced by the Client.
6. CUSTOMER SERVICE
6.1. For any information requests,clarifications, or complaints, the Client must contact the Company's Customer Service as a priority, to allow the latter to attempt to find a solution to the problem.
6.2. The Company's Customer Service is accessible from 9 am to 6 pm Monday to Friday using the following contact details:
- Intercom chat
- Email: yohan@redactai.io
7. EFFECTIVE DATE AND DURATION
The subscription starts from the Company's acceptance of the Client's subscription request.
The subscription is for a monthly or annual duration depending on the Client's choice.
The Client benefits from an initial free 7-day trial period, after which the subscription starts in the absence of denunciation by the Client.
It is specified that the Client does not benefit from the right of withdrawal.
The Subscription will automatically renew at the end of each period for duration of 1 month or 12 months depending on the offer chosen by the Client under the new tariff conditions unless either Party gives notice by registered letter with acknowledgment of receipt 2 months at the latest before the anniversary date.
Without prejudice to the foregoing, the Client may, however, terminate their Subscription before its term.
8. TERMINATION
Without prejudice to the foregoing, the Company may choose to terminate these terms and the Subscription subscribed to by the Client in the following cases, subject to a notice period of fifteen (15) calendar days:
- In case of non-payment of the Subscription price by the Client;
- In case of violations of these terms and especially the conditions of access to the Platform.
This early termination will be without prejudice to any claim for damages and payment of amounts due.
The Client may terminate the Subscription at any time and by any means. This termination will take effect at the end of the current period.
9. INTELLECTUAL PROPERTY AND EXCLUSIVE PROPERTY RIGHTS
The exclusive usage and exploitation rights of the Company include, in particular:
- Copyright, trademark law, design and patent rights, and/or other intellectual property rights on the Products and all presentations of the Products;
- All logos, labels, and packaging aspects associated with the Products.
All these rights are reserved worldwide.
It is forbidden:
- To disparage or discredit the trademarks, trade names, other distinctive signs, goods, services, or activities of the Company;
- To unduly benefit from the notoriety attached to a brand, trade name, or other distinctive signs of the Company, particularly through offers using the Company's brands to promote other products.
It is reminded that the sale of the Company's Products only confers to the Client a right to use the Products offered by the Company.
This authorization only concerns France.
Without prejudice to the foregoing, the Client acknowledges and agrees that they hold no rights to the Deliverables other than to use them.
10. COMPANY LIABILITY
10.1. The Company implements all appropriate measures to ensure the Client receives, under optimal conditions,quality service(s). However, it can in no case be held liable for any failure or poor performance of all or part of the services provided herein,attributable either to the Client, to the unforeseeable and insurmountable fact of a third party unrelated to the contract, or to a case of force major. More generally, if the Company's liability were to be engaged, it could in no case accept compensation for indirect damages or damages whose existence and/or quantum are not proven by evidence.
10.2. The Company may recommend third-party services but cannot be held responsible for the operation, content,or any element present or obtained through these third-party companies.
10.3. The existence of such links or references to any information, articles, or services provided by a third party cannot and should not in any way be interpreted as an express or tacit endorsement by the Company.
10.4. The Company is not responsible for the availability of services provided by these third-party companies and cannot control their content or validate the advertising,service(s), and other information disseminated by these companies.
10.5. It is expressly stated that the Company can in no case be held liable, in any way, if the Clients' computer equipment or email system rejects, for example, due to an anti-spam filter, the emails sent by the Company, including, without limitation, the order summary or the follow-up email.
10.6. The Client is fully aware of the provisions of this article and specifically the aforementioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.
11. EXEMPTION AND LIMITATION OF LIABILITY
The Company reserves the right to suspend or resolve the sale in whole or in part, without compensation or other recourse in the event of any event - with or without the legal characteristics of force major or fortuitous event - such as storm, fire, flood, work stoppage, strike, lack of raw materials or packaging, customs blockade,supplier failure, or any other event beyond the Company's control likely to stop or reduce the normal execution of these terms, as well as in the event of unavailability of its information system or that of its suppliers,subcontractors or any third party.
Furthermore, the information published in the Company's publications and on the Platform does not engage the Company's liability and is provided for informational purposes only, which the Client acknowledges and accepts.
The Client is solely responsible for the use they make of the services offered by the Company on the Platform under the Subscription.
12. CLIENT'S OBLIGATIONS AND RESPONSIBILITY
12.1. The Client agrees to comply with the terms of these T&Cs and any conditions provided by third parties,including the publishers of the Tools.
12.2. The Client agrees to cooperate closely with the Company in the provision of services. In this respect, they acknowledge and accept that their collaboration is essential for the proper delivery of services according to their specificity.
12.3. The Client agrees to use the services in accordance with the Company's instructions.
12.4. The Client agrees to use the Services only for personal or professional use, in accordance with these T&Cs. In this respect, the Client agrees to refrain from:
- Using the Services in any illegal manner, for any illegal purpose, or in any way incompatible with these T&Cs;
- Attempting to gain unauthorized access to the Company's computer system or engaging in any activity that disrupts, diminishes the quality or interferes with the performance or impairs the functionality of the Company's system;
- Using the Products for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to access the Company's computer system unauthorized;
- Infringing the Company's intellectual property rights;
- Disparaging the Company.
More specifically, the Client guarantees that the Tools will not be used in a way that allows the violation of intellectual property rights or any other rights or legislation.
The Client assumes sole responsibility in this regard and will indemnify the Company for any action against it in this respect.
The Client agrees to provide the Company with truthful, quality data and information that comply with applicable legislation. The Client agrees to comply with all applicable legal and regulatory provisions related to computing, files, and freedoms.
12.5. The Client assumes all risks and dangers associated with their activities and is solely responsible for the use of the Products provided by the Company and for compliance with the T&Cs, including when the Products provided are used by or for third parties.
12.6. If, for any reason, the Company considers that the Client does not comply with these T&Cs, the Company may at any time, at its sole discretion, remove their access to the Platform and take all measures, including civil and criminal legal action against them.
13. INTRANSFERABILITY
The Client cannot transfer all or part of the rights and obligations arising from these terms to a third party without the Company's written authorization.
14. APPLICABLE LAW AND JURISDICTION
These T&Cs are governed and interpreted in accordance with French law, without regard to conflict of law principles.
Any dispute, whatever its nature,as well as any dispute relating to the formation or execution of the order or these T&Cs, will be submitted to the Commercial Court of Lyon for professional Clients.
This jurisdiction agreement applies even in the event of summary proceedings, incidental claims, multiple defendants, or warranty claims, and regardless of the terms of payment.
For private Clients, the common law jurisdiction rules will apply.
