General Terms and Conditions of Use
Entry into force: October 17th 2020
The mobile application ClipDrop (hereinafter referred to as the "Application”) is aimed at enabling its users (hereinafter referred to as the “Users”) to capture images, texts, or photographs of reals objects taken from or with a phone and adding them directly to a computer program to make montages (hereinafter the "Montages") whose characteristics are defined on the Application.
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the services provided on the Application (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Application.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
2. Manager of the Application, Contact Details
The Application and the Services are managed by the company INIT ML, a French simplified joint stock company (“Société par Actions Simplifiée”) with a registered capital of 1,000 euros, registered under number 885 384 289 with the Registry of Trade and Companies of Bobigny, whose head office is located at 211 rue Etienne Marcel – 93 100 Montreuil (hereinafter referred to as "INIT ML").
INIT ML can be contacted, including for any claim, through any of the following channels:
Street Address: 211 Rue Etienne Marcel 93100 Montreuil, France
Email address: firstname.lastname@example.org
3. Access to the Application and Services
3.1 Legal capacity
The Application can be accessed by:
Any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Application with the agreement of their legal representative.
Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
The Services are intended for :
professionals, understood as any natural or legal person exercising a remunerated activity in a non-occasional manner (hereinafter the "Professional Users");
consumers within the meaning of the preliminary article of the Consumer Code (hereinafter the "Consumer Users").
4. Acceptance of the General Terms and Conditions of Use
These General Terms and Conditions can be accepted by checking a checkbox in the registration form. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Application or use the Services through the Website.
5. Registering and Access to the Services
In order to use the Services, the User must download the Application through the store of the third-party entity (hereinafter referred to as the “Third-Party Entity”) by completing the registration form and complying with any required process. Users must provide all information that is marked as being required. Incomplete registrations shall not be validated.
The User may also be registered on one of the third-party sites that are indicated on the Application and use their connection ID for the said third party site to register on the Application. In this case, Users must provide INIT ML with the additional information requested where appropriate. Users expressly authorize INIT ML to access their account details for the third-party site in question.
In either case, Users must provide INIT ML with all information that is marked as required. Incomplete registrations shall not be validated.
Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space and (hereinafter referred to as the "Personal Space") and cloud galery (hereinafter referred to as the "Cloud Galery") which shall enable them to use the Services in a format and according to the technical means that INIT ML deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form or they provide through the abovementioned third-party sites is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Cloud Galery and their Personal Space by logging in to the Application, using their connection ID and their password.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Application with these ID and password are deemed to be made by them. Users must contact INIT ML immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge INIT ML’s right to take all measures it deems appropriate in a case such as this.
6.1 Description of the Services
Prior to any online subscription and in application of the provisions of article L111-1 of the French Consumer Code, the User may consult the Services on the Application.
The User has access to a certain number of free services (hereinafter the "Free Services") and paid services (hereinafter the "Paid Services"), as defined on the Application, in a form and according to the features and technical means that INIT ML considers the most appropriate.
Free Users will have 10 seconds advertisement for the paid service between each manipulation, they will have a Watermark on their Montages, and their images and Montages will not be saved in their Cloud Gallery beyond a period of 30 days.
6.2 Other Services
INIT ML reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
Users acknowledge and accept that Services listed above are described for information purposes only and that the access to certain Services require a Subscription.
7. Linkage with the entity that manages the Store’s intervention and general terms and conditions
Users are expressly informed and accept that all payments and subscriptions made through the Application are handled by a third-party Entity.
Users contract directly with the Third-Party Entity, as regards the implementation of these payments, by accepting the Third-Party Entity’s general terms and conditions when they create their account with this Third-Party Entity.
The detailed prices of the Services, the conditions regarding the available subscriptions (hereinafter referred to as the « Subscriptions ») and the right of withdrawal are indicated in the Third-Party Entity’s general terms and conditions. For information purposes only, some of the prices are indicated in the Service packages, available on the Website.
8. Obligations for Users
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users are solely responsible for the use of the Application and in particular the information he chooses to transmit through the Application.
Users acknowledge having read on the Application understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
Users undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate or assign all or part of their rights or obligations under the present general terms and conditions of use to any third party, in any way.
Users agree to provide INIT ML with all information necessary for the proper performance of the Services. More generally, Users agree to actively cooperate with INIT ML with a view to ensuring the proper performance of this agreement.
Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and / or image chosen by the User to identify themselves on the Application), of the Montage within the framework of the Services.
Users agree that this Montage is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of INIT ML into play.
In particular, INIT ML has no control over the photographs, images and texts taken through the application and is not responsible if the User uses photographs, images or texts in violation of a regulation and in particular the regulations relating to intellectual property.
Users expressly acknowledge that the use of the Services requires that they should be connected to the internet and that they are solely responsible for such connection.
9. Users' Guarantee
Each User agrees to defend, indemnify and hold INIT ML harmless from and against any claims, demands, actions and/or grievances whatsoever, that INIT ML could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.
Users agree to compensate INIT ML for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
10. Prohibited behaviour
It is strictly prohibited to use the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- Research/development of artificial intelligence (in particular generation of training data),
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of INIT ML's Application.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into INIT ML's IT systems, (iii) any hijacking of the Application system resources, (iv) any acts that would place a disproportionate load on the Application’s infrastructure, (v) any attempts to breach the Application’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of INIT ML or of the Users of its Services and finally, more generally, (vii) any breach of these General Terms and Conditions of Use.
It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the information that is hosted and / or shared on the Application.
11. Sanctions for breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, INIT ML reserves the right to take any measures it deems appropriate and in particular:
- (i) to suspend or cancel access to the Application and the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
- (ii) to delete all content placed by the latter online on the User Account,
- (iii) to inform any relevant authorities,
- (iv) to commence and prosecute any legal proceedings.
The User acknowledges and accepts that his or her Montages in his or her Cloud Gallery and new ones will have a Watermark.
INIT ML also reserve the right to cancel the User’s access to the Services:
either in full law, 15 (fifteen) days after reception, by this User, of a formal notice, sent by registered letter with acknowledgement of receipt and stating the intention to apply this clause, which remained ineffective,
or, in case of repetition of a breach which were already notified by registered letter with acknowledgement of receipt, the cancellation shall then take effect in full law on the date the registered letter with acknowledgement of receipt stating the repeated breach is sent,
… this without prejudice to any damages that could be claimed from the User in breach.
The cancellation will cause the automatic deletion of the User’s Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions.
12. Liability and guarantee of INIT ML
INIT ML agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
INIT ML agrees to regularly check that the Application is operational and can be accessed. To this end, INIT ML reserves the right to interrupt access to the Application momentarily for maintenance purposes. In the same way, INIT ML shall not be held liable if the Services are ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside INIT ML’s control, force majeure, or due to any disruption in the telecommunications network.
The Users who have subscribed to the Services free of charge recognise and agree that the use of the Services includes the right for INIT ML to use their Montage to improve its service, in particular but not restricted to, use the Montages to improve and train its segmentation algorithms.
INIT ML does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
In particular, certain photographs or images of objects may not be compatible with the Application. INIT ML cannot be held responsible for a defect in the quality of the Montage.
In any event, any liability that could be incurred by INIT ML within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users.
13. Intellectual Property
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by INIT ML on the Application are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without INIT ML’s authorization, is strictly prohibited and could lead to prosecution.
14. Personal Data
INIT ML may insert advertising or promotional messages for its products on any page of the Application or in any communication sent to Users, in a format and according to the conditions, that INIT ML solely deems appropriate.
16. Links and third-party sites
INIT ML can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Website.
INIT ML shall not be liable for content, advertisements, products and / or services available on such third party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
INIT ML shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Application and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
17. Amendments, cancellation of the Services and autonomy of the General Terms and Conditions
Users can opt out of the Services at any time by sending an email to email@example.com.
INIT ML reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments by email.
Any User who does not agree with the amended General Terms and Conditions of Use must unsubscribe from the Services according to the provisions set out in this article.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
Users acknowledge and accept that the present General Terms and Conditions only concern the use of the Services and that they must refer to the general terms and conditions of the Third-Party Entity to know the conditions of cancellation of their Subscription where necessary.
If any of the stipulations of these General Terms and Conditions are deemed invalid or inapplicable, the other stipulations shall nevertheless remain in full force and effect.
Users acknowledge and accept that these General Terms and Conditions shall not be affected in the event of a change of control of INIT MM (within the meaning of Article L. 233-3 of the French Commercial Code) or the absorption of INIT ML by another entity.
In the event of a translation of these General Terms and Conditions of Use into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
20. Consumer Mediation
In the event of any dispute with INIT ML, in relation with these General Terms and Conditions, Users have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement, pursuant to articles L611-1 et seq. and articles R152-1 et seq. of the French Consumer Code.
To this end, Users may contact the following consumer mediator:
Centre de médiation et de règlement amiable des huissiers de justice (Medicys – Mediation and Amicable Resolution Center of Judicial Officers)
Street address: 73 Boulevard de Clichy, 75009 Paris (France)
Email address: firstname.lastname@example.org
Telephone: (33) 1 49 70 15 93
In the event of any claim made by a European consumer, for which no amicable solution is found with the customer service of INIT ML, this consumer has the right to use the European Online Dispute Resolution platform which may be accessed at the following URL address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
21. Law and Jurisdiction
These General Terms and Conditions of Use are governed by French law.