These General Conditions are governed, interpreted and applied in accordance with French law. Terms of Use
Important points : - Right of withdrawal of 14 days - Easy-ai.online cannot be held responsible for the information provided to and by the Artificial Intelligence Services.
Date of last update: August 24, 2023
Article 1 – LEGAL NOTICES
This site, accessible at the URL Easy-ai.online (the "Site"), is published by:
DirectDEV company with a capital of 1000 euros, registered with the RCS of LILLE-METROPOLE under the number 814276549 , whose registered office is located at 98 boulevard Carnot 59800 LILLE FRANCE, represented by Mr BAREA duly authorized,
(Hereinafter referred to as the “Operator”).
The Operator's individual VAT number is: FR 89 814 276 549.
The Site is hosted by Hostinger International Ltd , located at 61 Lordou Vironos str. 6023 Larnaca, Cyprus.
The Publication Director of the Site is Mr BAREA .
The Operator can be reached at the following email address serviceclient@easy-ai.online .
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The General Terms and Conditions of Sale (the “General Terms and Conditions of Sale”, or the “GTC”) are applicable exclusively to the online sale of the services offered by the Operator on the Website.
The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The T&Cs are enforceable against the customer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by the Operator.
The T&Cs are also systematically sent with any order confirmation sent to the Customer by the Operator. Any Customer is therefore deemed to have read and unreservedly accepted all the provisions of the GCS, which will apply to all services performed by the Operator. The T&Cs shall prevail over any contrary clauses and conditions that may appear in the general conditions of purchase or any other document issued by the Customer. Any contrary conditions set by the Customer will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. The Operator however reserves the right to derogate from certain clauses of the GCS according to the negotiations carried out with the Customer, by the establishment of special conditions of sale (in particular by the conclusion of a contract for the provision of services) which will be approved by the customer.
Article 3 – DESCRIPTION OF SERVICES
The Site is an online sales site for services for the use of Artificial Intelligence (hereinafter the “Services”) open to any natural or legal person using the Site (the “Client”). The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the requirements of French law in force. The Services provide the Customer with text, data or images (hereinafter the "Responses") - see paragraph 14.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Customer must identify himself using his username and his secret, personal and confidential password. It is the Customer's responsibility not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article herein. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and/or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer agrees when registering to: - deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so. - keep the registration data up to date in order to permanently guarantee their real, exact and up-to-date character.
The Client further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at its sole fault.
Article 5 – ORDERS
The Customer undertakes to read the General Conditions then in force before accepting them and confirming the terms and conditions of withdrawal prior to payment of his order. Confirmation of the order entails acceptance of the GCS and forms the contract.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it, fill in his bank details and he acknowledges accepting these T&Cs before clicking on the “pay” button. The “click” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in his customer area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that: - The Customer does not respect the General Conditions in force when ordering; - The Customer's order history shows that sums remain due under previous orders; - One of the Customer's previous orders is the subject of a dispute being processed; - The Customer has not responded to a request for confirmation of his order sent to him by the Operator.
The Operator archives the contracts for the sale of Services in accordance with the applicable legislation. By making a request to the following address serviceclient@easy-ai.online , the Operator will provide the Customer with a copy of the contract subject of the request.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of a breach by the Client of one of the provisions hereof, the Operator reserves the right to terminate the said Client's account without notice.
Article 6 – TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the provision of the Service ordered.
The Customer is informed that the Service cannot be made available before the Operator has fully collected the sums owed by the Customer.
The Operator uses the STRIPE online payment solution.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties. The Customer's order is recorded and validated upon acceptance of payment by the bank. The Customer's account will be debited with the corresponding amount only when the details of the bank card used have been verified and the debit has been accepted by the bank that issued the bank card. The impossibility of debiting the sums due will result in the immediate nullity of the sale. The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet (Paypal type). The Client already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without communicating his bank details.
If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.
Article 7 – PAYMENT OF THE PRICE
The price of the Services in force at the time of the order is indicated in euros all taxes included (TTC) on the Site. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) exclusively.
The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.
The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 8 – RIGHT OF WITHDRAWAL
The Customer will benefit from a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-19 of the Consumer Code.
The Customer who has exercised his right of withdrawal for a service whose performance has begun, at his express request, before the end of the withdrawal period, pays the Operator an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract (and will therefore be equal to the total price of the service if the entire service has been performed).
No amount is due by the Customer who has exercised his right of withdrawal if his express request has not been met or if the Operator has not complied with the information obligation provided for in 4° of Article L. 221-5 of the Consumer Code.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below [Link to the withdrawal form].
The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator: - name, geographical address, telephone number and e-mail address; - decision to withdraw by means of an unambiguous statement (e-mail as soon as these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract (in particular): - 1° For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal; - 2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; - 13° For the supply of digital content not provided on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
The Operator will reimburse the Customer for the sums due within fourteen (14) days of receipt of all the elements enabling the Customer's reimbursement to be implemented. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator's wishes.
By accepting these General Conditions, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 9 – CUSTOMER SERVICE
The Customer may contact the Operator by email by writing to serviceclient@easy-ai.online , indicating his name, telephone number, the subject of his request and the number of the order concerned.
Article 10 – INTELLECTUAL PROPERTY AND LICENSE OF USE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site (apart from the data provided by artificial intelligence) may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored. , used, rented or exploited in any other way, free of charge or against payment, by a Customer or by a third party, whatever the means and/or the supports used, whether known or unknown to date, without the prior express and written authorization from the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator is not the owner of the content (Answers) put online by the Artificial Intelligences or Services, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect.
The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.
The Customer must respect the conditions of use of the Services https://labs.openai.com/policies/content-policy https://openai.com/policies/sharing-publication-policy
ARTICLE 11 – LIABILITY AND WARRANTY
The Operator declares that it has taken out insurance guaranteeing its professional and contractual liability.
The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held liable for false declarations made by a Customer and for his behavior vis-à-vis third parties. In the event that the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defence.
ARTICLE 12 – PERSONAL DATA
Each Customer is solely responsible for maintaining the confidentiality of his username and password, and is solely responsible for all access to his Customer Account, whether authorized or not.
The Operator cannot be held liable for any harmful action or fact carried out via the Customer's personal space by a third party who has had access to his identifiers and password following a fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately when the Customer becomes aware of or suspects unauthorized use or unauthorized access to his personal space.
For more information concerning the use of personal data by the Operator, please carefully read the Privacy Policy (the "Charter"). You can consult this Charter at any time on the Site.
Article 13 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever because of these hypertext links.
In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.
Article 14 – RESPONSES FROM THE SERVICES
The answers, images and data provided by the Artificial Intelligences or Services, may contain errors and/or shocking remarks. Consequently, the Operator cannot be held responsible in any way whatsoever for the content of these responses.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of these responses.
In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the answers provided by the Services.
The Operator invites the Customer to report to it any Response present on the Site which would contain content contrary to law and/or morality.
Article 15 – REFERENCES
The Customer authorizes the Operator to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).
ARTICLE 16 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.
CHANGES TO TERMS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site. IN THE EVENT OF MATERIAL MODIFICATIONS AND IN THE ASSUMPTION OF CONTINUOUS/CURRENT SERVICE PROVISIONS, THE USER WILL BE INFORMED BY MEANS OF AN EMAIL AND A NOTICE ON THE SITE BEFORE THE IMPLEMENTATION OF THE MODIFICATION.
The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINT - MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following coordinates: serviceclient@easy-ai.online .
In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to the order form or these GCS. opposing the Operator to the following mediator: FEVAD .
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
APPLICABLE RIGHT
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering, connecting or using the Site, the Customer confirms that he has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to the Customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by the Operator does not will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.