General Terms and Conditions of Use of ClipDrop
Entry into force: October 21th 2020
These General Terms and Conditions apply without restriction or reservation to all services offered by the company INIT ML :
- on the desktop application (hereinafter referred to as the "Desktop Application”) and ;
on the mobile application (hereinafter referred to as the “Mobile
(hereinafter collectively referred to as the “Applications”).
The Desktop Application is aimed at enabling its users (hereinafter referred to as the “Users”) to capture images or texts from a computer or/and photographs of real objects taken with a phone and add them directly to a computer program to make montages (hereinafter the “Montages”) whose characteristics are defined on the Desktop Application (hereinafter the “Services”).
The Mobile application [to be completed] is aimed at enabling its 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 whose characteristics are defined on the Mobile Application.
Both Applications can be used independently of each other.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Applications.
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.
These General Terms and Conditions will prevail over any other general or specific terms and conditions not expressly approved by INIT ML.
2. Manager of the Applications, Contact Details
The Applications 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: [email protected]
3. Access to the Applications and Services
3.1 Legal capacity
The Applications 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 Applications 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
5.1 Registration on the Desktop Application
Use of the Services requires either that the User registers on the Desktop Application, by entering his email address and password, or that he uses his login details to connect to a third-party site, in particular Facebook and Google Connect.
Incomplete registrations shall not be validated.
Once this information has been filled in, the User will receive an email to validate the registration and a code QR to download the Destock Application.
Registering entails the opening of an account in the Users’ name (hereinafter referred to as the “Account”), giving Users access to their own giving Users access to their own personal space and (hereinafter referred to as the “Personal Space”) and cloud gallery (hereinafter referred to as the “Cloud Gallery”) 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 is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information by sending an email to [email protected] 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.
After this registration, Users should download the Desktop Application via the link provided on the email validating the registration.
The User having created an Account on the Desktop Application, will also have access to its Account on the Mobile Application.
5.2 Registration on the Mobile Application
In order to use the Services, the User must download the Mobile 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 Mobile Application and use their connection ID for the said third party site to register on the Mobile 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.
The User having created an Account on the Mobile Application, will also have access to its Account on the Desktop Application.
5.3 Access to the Services on the Applications
Users can access their Cloud Gallery and their Personal Space by logging in to the Applications 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 agree to use the Services with a limit of up to 2 devices (1 mobile and 1 desktop) per account.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Applications with these ID and password are deemed to be made by them. Users must contact INIT ML through any of the channels mentioned in Article 2 of these General Terms and Conditions, 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 Applications.
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 Applications, in a form and according to the features and technical means that INIT ML considers the most appropriate.
Free Users will have 10 seconds ads 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 Hosting of the Applications
INIT ML undertakes to ensure, under the terms of an obligation of means, the hosting of the Accounts and any content published by the User on his Account in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting service provider, exercising its activity in accordance with the practices of the profession and the state of the art.
In this context, INIT ML undertakes to provide the User with sufficient storage and processing capacity within the framework of the Services, in accordance with the practices of the profession and the state of the art.
INIT ML undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
INIT ML also undertakes to take all useful precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.
6.3 Service level guarantee
INIT ML undertakes to ensure the permanence, continuity and quality of access to the Services.
In this respect, INIT ML shall make its best efforts to maintain access to the Applications 24 hours a day, 7 days a week and guarantees the availability of the Services at 98%, except in cases of force majeure.
Furthermore, in view of the complexity of the Internet, the unequal capacities of the various sub-networks, the influx at certains times, and the various bottlenecks over which INIT ML has no control, INIT ML’s liability shall be limited to the operation of its servers, the outer limits of which are constituted by the connection points.
INIT ML may not be held liable for (i) access speeds to its servers, (ii) slowdowns external to its servers, (iii) poor transmissions due to a failure or malfunction of these networks and (iv) a poor Internet connection.
If necessary, INIT ML reserves the right to limit or suspend access to the Applications in order to carry out any maintenance and/or improvement operation. In this event, INIT ML undertakes to inform the User in advance of such maintenance and/or improvement operations, within a reasonable period of time, by any useful means and in particular by means of a general information message on the Applications of such maintenance operations.
In the context of these maintenance and/or upgrade operations, INIT ML undertakes to make its best efforts to back up the content stored in the Users’s Account and/or the Desktop Applications.
The User acknowledges and accepts that this service level guarantee does not cover any breakdown or interruption of the Services occurring due to telecom operators or Internet and mobile web service providers or due to poor Internet coverage or saturation of Internet access linked to the location of an event.
In any event, it is expressly agreed that the breach of any commitment provided for in this article may under no circumstances be sanctioned by the termination of the contractual relationship with its Users, and its liability shall be limited under the conditions provided for below in the article “Liability”.
6.4 Technical assistance
INIT ML offers the User a technical assistance accessible by email at the following address: [email protected], allowing him to declare any difficulty encountered when using the Services.
6.5 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.
7. Financial conditions
7.1 For the Desktop Application
2. Linkage with Stripe’s intervention and general terms and conditions
Users are expressly informed and accept that all payments made through the Desktop Application are handled by the company Stripe Payments Europe Ltd., which is approved as an electronic money institution (hereinafter referred to as: « Stripe »).
Users contract directly with Stripe, as regards the implementation of these payments, by accepting Stripe’s general terms and conditions through a checkbox when they register on the Desktop Application .
In connection with the Services, Users submit to Stripe all their instructions with regard to payments through their Personal Space. Users therefore expressly designate INIT ML to transmit these instructions to Stripe, in their name and on their behalf.
As the implementation of the Services requires the implementation of payments, Users are informed and accept that Stripe’s rejection of their registration as users of its own payment services, as well as the termination of the contract between a User and Stripe, for any reason whatsoever, shall automatically and fully entail the termination of this contract between INIT ML and this User, as well as, consequently, the closing of the latter’s Account.
Conversely, the termination of this contract between INIT ML and a User shall automatically and fully entail the termination of the contract between this User and INIT ML.
Free Services are provided free of charge.
Paid Services are subscribed to in the form of a monthly or yearly subscription (hereinafter individually respectively the « Monthly Subscription » and the «Yearly Subscription » or collectively « Subscription »), the price of which is indicated on the Desktop Application.
Unless otherwise stated, they are expressed in Euro and are inclusive of French taxes.
INIT ML reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
4. Price revision
The prices provided in article 8.2 and on the Desktop Application may be revised by INIT ML at any time, in its sole discretion.
The User will be informed of this revision by INIT ML by any written mean (including email), at least 15 (fifteen) days for the Monthly Subscription and 1 (one) month for the Annual Subscription before the entry into force of the new prices.
When effective, the new prices apply upon the renewal of the Subscription.
The Services are subject to invoices per Subscription Period which are communicated to the User by any useful means and in particular on their Personal Space.
6. Terms of payment
The payment of the Subscription price is carried out by direct debit from the User’s bank card.
The direct debit is implemented by the secured payment service provider Stripe, who INIT ML entrusts with the storage of the User’s bank data to this end. INIT ML doesn’t store any bank data.
The price of the Subscription is due and the direct debit is carried out on the day of the first subscription, then on the date of each Subscription renewal.
The User guarantees to INIT ML that he has all the necessary authorizations to use the chosen payment mode. The User undertakes to take all necessary measures so as to ensure safe carrying out of the direct debit.
Users expressly agree that all payment obligations for sums of money arising between themselves and INIT ML, that are not subject to discussion as to their due date and amount, shall be offset rightfully and without formality, whether the conditions for legal offset are met or not. The processing of this offset shall not, however, have the effect of exempting the parties from their accounting obligations, in particular from the issuing of invoices.
8. Payment delays and incidents
Consume Users are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in articles 12 (Sanctions for breaches) and 8 (Termes of Services) and without prior formal notice:
Forfeiture of the term of all amounts payable by the User in question, that will become immediately due,
Immediate suspension of current Services until complete payment by the User in question of all amounts due,
Invoicing of a late payment interest, for INIT ML’s benefit, at the rate of 1.5 times (one and a half times) the legal interest rate, calculated on the total of all amounts due by the User in question.
Professional Users are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in Articles 12 (Sanctions of breaches) and 8 (Termes of Services) and from the day following the payment date indicated in the invoice:
Immediate suspension of current Services until complete payment by the User in question of all amounts due,
Invoicing of a late payment interest, for INIT ML’s benefit, at the rate of 3 (three) times the legal interest rate, calculated on the total of all amounts due by the User in question and a flat indemnity of 40 (forty) euros as recovery fees, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount.
7.2 For the Mobile Application
Users are expressly informed and accept that all payments and Subscriptions made through the Mobile 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 Mobile Application.
8. Terms of Services
For the Desktop Application
Users can subscribe to the Services in the form a Subscription.
Subscription begins on the day of subscription, subject to payment of the price in accordance with Article “Financial Conditions”, for the duration subscribed by the User (hereinafter referred to as the “Initial Period”), from date to date.
It is then automatically renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, with the Initial Period, as the “Subscription Period(s)”), from date to date, unless notice of termination is given by either INIT ML or the User at the latest:
2 (two) days before the term of the current Subscription Period for
Monthly Subscription ;
1 (one) month before the term of the current Subscription Period for Yealy Subscription.
Users can cancel their Subscription by sending an email to [email protected].
INIT ML can cancel a User’s Subscription by sending an email to the User.
Subscription cancellation is effective upon expiration of the last Subscription Period and causes the automatic deletion of the User’s Account, along with all corresponding stored content.
Any Subscription Period started is due in full.
Consume Users are given knowledge of the provisions set forth in article L.215-1 of the French consumer code:
“With regard to service agreement concluded for a fixed term with a
tacit renewal clause, the professional service provider gives written
notice to the consumer, by means of individual letter or electronic
mail, at the soonest three months and at the latest one month before
expiry of the period during which the renewal may be rejected, of the
possibility not to renew the agreement the consumer has concluded with a
tacit renewal clause. This information, provided in clear and
understandable terms, mentions in an apparent textbox the non-renewal
When this information was not delivered to the consumer in accordance with the provisions of the first subparagraph, the consumer may freely terminate the agreement, at any time from the date of its renewal.
Advances paid after the last renewal date or, for open-ended agreements, after the date of transformation of the original fixed-term agreement, are in this case reimbursed within a period of thirty days from the date of termination, after deduction of amounts corresponding, until this date, to the performance of the agreement. The provisions of this Article apply without prejudice to those which legally abide some agreements to specific rules with regard to the consumer’s information.”
For the Mobile Application
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.
8. Agreement in relation to proof
Agreement in relation to proof
Users expressly acknowledge and accept that:
Data collected on INIT ML’s Applications and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
This data is the main means of acceptable proof between the parties, in particular for the calculation of amounts due to INIT ML.
Users can access this data in their Personal Space.
9. 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 acknowledge having read on the Applications and 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 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.
Users acknowledge that the Services provide them with an additional solution, not an alternative solution, to create montages and that this solution cannot substitute other means that Users may dispose of elsewhere to reach the same goal.
Users expressly acknowledge that the use of the Services require that they should be connected to the internet and that they are solely responsible for such connection.
Each Users 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 create his 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 Applications 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.
10. User 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.
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.
11. Prohibited behaviour
.1 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,
- Using the Applications for the release of information or links to third party Applications,
- 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 Applications.
The following is also strictly prohibited: (i) any behavior 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 Application’s system resources, (iv) any acts that would place a disproportionate load on 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 Applications and finally, more generally, (vii) any breach of these General Terms and Conditions.
It is strictly prohibited to make money from, sell or concede all or part of one’s access to the Services or to the Applications or to the information that is hosted and / or shared on the Applications.
12. Sanctions of breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions or more generally, of any infringement by the former of any laws and regulations in force:
INIT ML reserve the right to take any measures it deems appropriate and in particular:
- to suspend access to 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,
- to publish on the Applications any related informational message that INIT ML deems useful,
- to inform any relevant authorities,
- to commence and prosecute any legal proceedings.
The User acknowledges and accepts that he or she will no longer have access to the Montages in his or her Cloud Gallery.
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.
In particular, the User acknowledges and accepts that he or she will no longer have access to the Montages in his or her Cloud Gallery.
13. 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 has no knowledge of Content posted online by Users within the context of the Services, and shall not moderate, select, check or monitor in any way this Content, with regard to which INIT ML only intervenes within the role of hosting provider.
Consequently, INIT ML cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can however be the subject of a complaint to INIT ML within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, INITML reserving the right to take the measures set forth in Article 12 of these General Terms and Conditions.
INIT ML agrees to regularly check that the Applications are operational and can be accessed. To this end, INIT ML reserves the right to interrupt access to the Applications momentarily for maintenance purposes. In the same way, INIT ML shall not be held liable if the Applications 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 recognize 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 Applications. 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.
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 Mobile 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.
14. Intellectual Property of INIT ML
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by INIT ML on the Applications, 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.
15. Authorization to disclose testimonials
For the term of their use of the Services, Users hereby grant to INIT ML the right to disclose the testimonials they publish on the Applications (hereinafter referred to as the “Testimonials”) for purposes of its promotion, on the following basis:
- Users agree to their Testimonials being published free of charge by INIT ML, on the Applications and on any other French or foreign Internet sites published by any other companies with which INIT ML has agreements,
- They agree to their Testimonials being published by INIT ML by any means and on any medium, with the purpose of promoting the Applications,
- They agree to their editorial Testimonials being translated into any language,
- They acknowledge and agree that the Testimonials may be subject to modifications especially concerning its scaling, format and colour, as well as to alteration or deterioration of its quality depending on the technical constraints of the Applications,
- They renounce claiming any type of payment, fee, royalty, indemnity or financial compensation from INIT ML in this respect.
16. Authorization to disclose testimonials
17. Customer references
Users expressly authorize INIT ML to cite and use as appropriate a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
18. Force Majeure
Under no circumstances can the parties be held responsible for failures or delays in the execution of these General Terms and Conditions due to one of the force majeure event as defined by article 1218 of the French Civil Code and recognized by jurisprudence, as well as, in any case, all acts of strike, terrorism and epidemic.
The occurrence of a force majeure event suspends the execution of these General Terms and Conditions as soon as one of the parties receives the information transmitted by registered letter with acknowledgement of receipt by the other party.
If a force majeure event preventing a party from fulfilling its obligations continues beyond a period of 30 (thirty) days, the General Terms and Conditions may be terminated immediately, without legal formalities, by either party, by any written means, without either party having to pay any compensation to the other.
INIT ML reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
In case of a Subscription, the amended General Terms and Conditions shall apply from the renewal of this Subscription following their entry into force
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services.
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.
20. Provisions applicable only to Consumer Users
1. Right of Withdrawal
Users benefit a right of withdrawal for a period of 14 (fourteen) days from the acceptation of these General Terms and Conditions. They may exercise this right by sending to INIT ML, through any of the channels mentioned in article 2, before expiry of the above-mentioned withdrawal period, the withdrawal form reproduced in Appendix, or any other statement, devoid of all ambiguity, expressing their willingness to withdraw.
In case of exercise of right of withdrawal, INIT ML shall reimburse the relevant User all payments received from said User, at the latest 14 (fourteen) days from the date INIT ML has been informed of the User’s decision to withdraw. Reimbursement shall be made with the same payment method as that used for the original transaction, unless the User expressly agrees with a different method. In any event, this reimbursement will be of no cost for the User.
If Users have requested that the Services begin before expiry of the withdrawal period, by checking the checkbox provided for that purpose, they can exercise their right of withdrawal within the period and according to the above-mentioned terms. The price of the Subscription, calculated in proportion to the period already elapsed before the decision to withdraw is notified to INIT ML, shall then be due by Users to INIT ML.
They are however expressly informed and accept that Services are provided to them once they are registered and are therefore fully performed before expiry of the above-mentioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which cannot be exercised, pursuant to article L.221-28 of the French consumer Code.
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: [email protected]
- 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
Users acknowledge and accept that these General Terms and Conditions shall not be affected in the event of a change of control of INIT ML (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 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.
25. Law and Juridiction
These General Terms and Conditions are governed by French law.