General Terms of Use

1. Purpose and acceptance of the Terms of Use

Purpose. These CGU are intended to set out the rules for accessing and using the Site and the Service, to define the respective rights and obligations of the Publisher and the User, and to strictly govern the use of artificial intelligence Agents. They apply to any person accessing the Site, creating an account, or using the Service, regardless of the means of access.

Acceptance. Access to the Site and use of the Service presuppose unreserved acceptance of these Terms of Use. This acceptance is evidenced, as applicable, by continued browsing, by creating an account, by checking an acceptance box upon registration, or by any actual use of the Service. Absent acceptance, the User must refrain from accessing the Site and the Service.

Professional capacity and status. By accepting these Terms of Use, the User represents and warrants that:

• (a) act in the course of a professional activity, to the exclusion of any status as a consumer within the meaning of the Consumer Code;
• (b) have the legal capacity to enter into a contract and, where acting on behalf of a legal entity, the authority to bind that entity;
• (c) that the information provided upon acceptance and registration is accurate, complete and kept up to date.

Enforceability. These CGU are enforceable against the User for the entire duration of use of the Site and the Service. The applicable version is the one in effect and accessible on the Site on the date of access or use. The Publisher recommends that the User keep or print a copy of these CGU.

Contractual interrelation. These Terms of Use combine with the other contractual and informational documents published on the Site, in particular the legal notice, the privacy policy, the cookie policy, the Terms and Conditions of Sale and, where applicable, the data processing agreement. Together, these documents form a coherent whole.

2. Definitions

For the purposes of interpreting and applying these CGU, the terms below, capitalized, have the following meaning, whether used in the singular or the plural:

• “Service” means the nullbot software, provided as SaaS, in all of its components, features, interfaces, modules and associated services.
• "Agent" means any software component configured by the Client to perform tasks using artificial intelligence models, including its settings, instructions, permissions and integrations.
• “Output” means any content, recommendation, message, or action generated or executed by an Agent, regardless of its format or medium.
• “Client Content” means all data, documents, instructions, and settings provided by the Client or on its behalf, as well as any data transmitted to the Service or processed by it at the Client's request.
• “Client” / “User” means the professional, whether a natural or legal person, who accesses the Site or uses the Service, as well as any person acting under its authority or on its behalf.
• “Site” means the site accessible at https://nullbot-website-production.up.railway.app.
• “Publisher” means MARA LABS, the publisher of the Service and the Site.
• “Account” means the secure personal space allowing the User to access and configure the Service.
• “Credentials” means all authentication elements (username, password, keys, access tokens) enabling access to the Account and the Service.
• “Model Provider” means any third party providing the artificial intelligence models or underlying infrastructure used by the Service.
• “User Content” is used as a synonym for “Customer Content” throughout these CGU.

The definitions set out above prevail over the ordinary meaning of the corresponding terms. Article headings are provided for convenience only and do not affect the interpretation of the provisions.

3. Identity of the publisher and host

Publisher of the Site and the Service. The Site and the Service are published by MARA LABS, whose details are as follows:

Host. The Site and the Service are hosted by:

Contact. In the absence of a dedicated domain name as of this date, all correspondence with the Publisher relating to these CGU shall be sent by postal mail to the registered office mentioned above. A dedicated contact email address will be put into service as soon as the domain is live, and published here.

For further information on the identity of the Publisher and the legal information obligations, the User is invited to consult the legal notice.

4. Access to the Site and the Service

Access conditions. The Site is freely accessible to anyone with Internet access. Certain sections or features, in particular use of the Service, are reserved for Users holding a valid Account and, where applicable, an active subscription taken out in accordance with the Terms of Sale.

Technical requirements. Access to the Site and the Service requires compatible computer equipment, an up-to-date browser, and an Internet connection of sufficient quality. Costs related to Internet access and equipment remain the sole responsibility of the User. The Publisher cannot be held liable for access difficulties resulting from the User's technical environment.

Availability. The Publisher strives to keep the Site and the Service accessible on a best-efforts basis. Access may nevertheless be interrupted, suspended, or limited, in particular for reasons of maintenance, updates, security, or in the event of force majeure, under the conditions set out in these Terms of Use.

Access restrictions. The Publisher reserves the right to restrict, suspend, or refuse access to the Site or the Service to any User who fails to comply with these Terms of Use, who compromises the security or integrity of the Service, or whose use is likely to cause harm to the Publisher or to third parties.

Evolution of the Site. The Publisher may change the Site and the Service at any time, in particular by adding, modifying, or removing sections or features, without this giving rise to any right to compensation for the User, subject to any contrary provisions of the Terms of Sale.

5. Registration, account creation, and management

Need for an Account. Use of the Service requires the prior creation of an Account. Registration is reserved for professionals and implies acceptance of these CGU.

Registration information. When creating the Account, the User undertakes to provide accurate, complete, truthful and up-to-date information. The User undertakes to update it without delay in the event of any change. The Publisher cannot be held liable for the consequences resulting from inaccurate, outdated or incomplete information provided by the User.

Uniqueness and accuracy. The User undertakes not to create an Account under a false identity, not to impersonate a third party, and not to create multiple Accounts in order to circumvent a suspension, termination or restriction. The Publisher reserves the right to verify the accuracy of the information provided and to request any relevant supporting documents.

Management of access and linked Users. Where the Account allows several users to be linked within the same organization, the User holding the Account is responsible for managing access rights, granting and revoking access, and the actions of all persons acting under its authority. It is the User's responsibility to implement an appropriate internal access management policy.

Account holder's responsibility. The User is responsible for all activity carried out from their Account. Any action performed using their Credentials is deemed to have been carried out by them or under their control, unless proof of fraudulent use is duly reported to the Publisher under the conditions of the article relating to Account security.

Closure at the User's initiative. The User may request the closure of their Account in accordance with the procedures set out by the Service and the Terms of Sale. Closure of the Account results in cessation of access to the Service, subject to applicable legal retention obligations and applicable contractual provisions.

6. Account security and confidentiality of credentials

Confidentiality of Credentials. The User is solely responsible for keeping their Credentials, and for their confidentiality and security. The User undertakes not to disclose, share, transfer, or communicate them to unauthorized third parties, and to implement all reasonable measures to prevent their unauthorized use.

Recommended security measures. The User undertakes, in particular, to:

• (a) choose strong passwords and renew them regularly;
• (b) enable, where the Service allows it, strong authentication mechanisms;
• (c) not to store its Credentials on shared or unsecured equipment;
• (d) log out at the end of each session on shared equipment.

Protection of keys and tokens. When the User configures integrations, provides their own access keys to third-party services or Model Providers, or generates access tokens to the Service, they remain responsible for protecting these elements. Any compromise of these elements falling within the User's sphere shall not engage the Publisher's liability.

Reporting a compromise. In the event of loss, theft, disclosure, or unauthorized use of its Credentials, or any security incident affecting its Account, the User undertakes to inform the Publisher without delay using the contact details indicated on the Site, and to change its Credentials without delay whenever possible. Until such report is actually received, the User bears the consequences of the use of its Credentials.

Publisher's measures. The Publisher implements reasonable technical and organizational measures to protect Accounts. For security purposes, it may require the resetting of Credentials, temporarily suspend suspicious access, or impose additional authentication mechanisms. The related processing of personal data is described in the privacy policy.

7. License to use the Site (right of consultation)

Grant of a right of access. The Publisher grants the User, for the duration of use of the Site and on a strictly personal, non-exclusive, non-assignable and non-transferable basis, a simple right to access and use the Site in compliance with these Terms of Use and the purpose of the Service.

Scope of the right. This right authorizes the User to access the Site, view its content and use the features made available in accordance with their intended purpose. Any other use is subject to the Publisher's prior written authorization.

Limits. The right granted confers on the User no intellectual property right in the Site, the Service or their components. In particular, the User shall refrain from, except with express authorization or a mandatory legal exception:

• (a) reproduce, represent, adapt, translate, modify or distribute all or part of the Site;
• (b) extract or reuse all or a substantial part of the databases of the Site or the Service;
• (c) carry out reverse engineering, decompilation or disassembly operations, except in cases strictly authorised by law;
• (d) circumvent or neutralise technical protection measures.

Revocability. The right granted automatically terminates in the event of cessation of use of the Site, closure of the Account, or breach by the User of these Terms of Use. The terms of use of the Service itself, as SaaS software, are governed by the Terms and Conditions of Sale.

8. Acceptable Use Policy

General principle. The User undertakes to use the Site and the Service fairly, in accordance with their intended purpose, these CGU, applicable laws and regulations, and with due respect for the rights of third parties. This acceptable use policy applies to any use of the Service, including the configuration and operation of Agents.

Compliant professional use. The Service is designed to automate and assist professional tasks. The User shall ensure that its use of the Service is lawful, proportionate, and appropriate to the context of its activity.

Category 1 — Legal and regulatory compliance. The User undertakes to comply with all legal and regulatory provisions applicable to its activity and to the use of the Service, in particular with respect to the protection of personal data, intellectual property, competition law, consumer law, employment law, sector-specific regulations, and the fight against fraud.

Category 2 — Respect for third parties and systems. The User shall refrain from any use that infringes the rights, security, integrity, or proper functioning of the systems of the Publisher, other Users, or any third party, including Model Providers and integrated services.

Category 3 — Integrity and security of the Service. The User shall refrain from any action likely to compromise the security, availability, performance or integrity of the Service, to disrupt its operation, to circumvent its usage limitations, or to make abusive or disproportionate use of its resources.

Category 4 — Responsible use of the Agents. The User undertakes to configure and supervise the Agents responsibly, to limit their permissions to what is strictly necessary, and to implement control mechanisms suited to the level of impact of the actions the Agents may perform, in accordance with the article on the use of Agents and human supervision.

Category 5 — Loyalty to the Publisher. The User shall refrain from any use of the Service for purposes of development, unfair comparative benchmarking, or the creation of a competing service reproducing the substantial features of the Service, without prejudice to the rights the User holds under law.

Warning. Any breach of this acceptable use policy may result, without prior notice or compensation, in the suspension or termination of access to the Service, without prejudice to any claim for damages or report to the competent authorities.

9. Prohibited content and conduct

List of prohibitions. Without this list being exhaustive, the User is expressly prohibited, whether directly or through an Agent, from transmitting, hosting, generating, distributing, or causing to be executed, by means of the Site or the Service:

• (a) any unlawful content, in particular content contrary to public order or public morals, inciting hatred, violence, discrimination or terrorism, or infringing human dignity;
• (b) any content of a child sexual abuse nature, or that depicts or facilitates the exploitation of minors, the transmission of which is subject to a mandatory report to the authorities;
• (c) any content that is misleading, false, defamatory, abusive, disparaging, or likely to mislead third parties;
• (d) any content infringing intellectual property rights, personality rights, image rights, trade secrets or the privacy of third parties;
• (e) any processing of personal data in violation of applicable regulations, in particular the use of data obtained unlawfully;
• (f) any content or action constituting identity theft, phishing, fraud, deceit, or fraudulent manoeuvring;
• (g) any malicious software, virus, harmful code, or any device intended to damage, intercept, or take control of systems;
• (h) any attempt at unauthorized access, intrusion, unauthorized penetration testing, exploitation of vulnerabilities, denial of service, or circumvention of security measures;
• (i) any unauthorized mass or automated data extraction operation (scraping, harvesting, crawling) in violation of the terms of use of the sources or the rights of third parties;
• (j) any sending of unsolicited bulk communications (spam), abusive solicitations, or any prospecting practice contrary to applicable regulations;
• (k) any market manipulation, dissemination of false information, or practice contrary to competition law;
• (l) any use aimed at generating content intended to mislead as to its artificial origin where a transparency obligation applies;
• (m) any circumvention, disabling, or alteration of the Service's limitations, quotas, safeguards, or moderation mechanisms;
• (n) any unauthorized resale, sublicensing, or making available of the Service to third parties.

Responsibility for content. The User is solely responsible for the content it provides, has generated, or has executed by means of the Service. The Publisher does not exercise a priori control over Client Content and Outputs, subject to the legal obligations incumbent upon it.

Precautionary measures. The Publisher reserves the right to remove, make inaccessible, or suspend any manifestly unlawful content brought to its attention, and to suspend the Account concerned, under the conditions provided for by law and by these Terms of Use.

10. Use of AI Agents and obligation of human oversight

Probabilistic nature of the Outputs. The User acknowledges and accepts that the Agents rely on artificial intelligence models whose operation is statistical and probabilistic in nature. The Outputs may therefore be inaccurate, incomplete, biased, outdated, unsuited to the context, or even erroneous, without the Publisher being able to guarantee their accuracy, relevance, reliability, or freedom from defects.

Nature as an assistance tool. The Service constitutes an assistance and automation tool placed under the User's control. It does not replace the User's professional judgment, nor does it constitute legal, accounting, tax, financial, medical, or other advice falling within the scope of a regulated profession. The User may not base a material decision on an Output without independent verification.

Human supervision obligation. The User agrees to exercise effective human supervision over the Agents and their Outputs. In particular, it is the User's responsibility to:

• (a) carefully define the instructions, parameters and permissions of each Agent, limiting its capacity for action to what is strictly necessary;
• (b) to verify and validate the Outputs before any use, distribution or execution, in particular when they are intended for third parties;
• (c) to submit to prior human validation any high-impact action, in particular those entailing legal, financial, contractual, or reputational effects, or affecting the rights of third parties;
• (d) implement control, logging and reversibility mechanisms proportionate to the level of risk of the automated actions.

Real actions executed by Agents. Where the User authorizes an Agent to execute actions producing real-world effects, the User acknowledges that such actions are deemed to be performed by the User and under the User's sole responsibility. The User assumes full responsibility for the consequences of these actions towards itself and third parties, and indemnifies the Publisher against any related claim under the conditions set out in the article concerning User liability.

Status as deployer within the meaning of the AI Act. Within the meaning of Regulation (EU) 2024/1689 (the “AI Act”), the User acts as “deployer” of the artificial intelligence systems it implements by means of the Service. As such, it is responsible for the compliance of its own uses with the obligations incumbent upon it, in particular regarding information, transparency, human oversight, risk assessment, and compliance with any prohibitions and requirements applicable to its use cases. The User undertakes not to use the Service for any purpose that is prohibited or non-compliant under this regulation.

Exclusion of unsupervised critical uses. The User shall not use the Service, without implementing appropriate human and technical safeguards, in contexts where an erroneous Output could result in bodily harm, a serious threat to the safety of persons, or a violation of fundamental rights.

11. User Content

Ownership of Customer Content. The User retains all rights it holds in the Customer Content. These Terms of Use do not entail any transfer of ownership to the Publisher over the data, documents, instructions, and settings provided by the User.

Limited license granted to the Publisher. The User grants the Publisher, for the sole duration necessary to provide the Service and only to the extent essential for that purpose, a non-exclusive, worldwide and non-transferable license to host, store, reproduce, transmit, display and process the Client Content, for the exclusive purposes of operating, maintaining and improving the Service for the benefit of the User. This license terminates at the end of the contractual relationship, subject to statutory retention obligations.

User warranties. The User represents and warrants that it holds all rights, authorizations, and legal bases necessary to provide the Client Content and allow its processing by the Service, and that such content does not infringe any third-party rights or any legal or regulatory provision. Where the Client Content includes personal data, the User warrants that it has an appropriate legal basis and has complied with its obligations regarding information and, where applicable, the collection of consent.

Retention and backup. It is the User's responsibility to keep a copy of their Customer Content. The Publisher cannot be held to be the sole custodian of the User's data, subject to the backup commitments expressly set out in the Terms and Conditions of Sale.

Processing of personal data. Where Client Content includes personal data processed on behalf of the User, the roles and responsibilities of the parties, as well as the conditions of such processing, are set out in the privacy policy and, where applicable, in the data processing agreement.

12. Intellectual property

Ownership of the Publisher's rights. The Site, the Service, their software components, interfaces, source and object code, architectures, databases, editorial content, visual identity, visual elements, and any other component thereof are protected by intellectual property law and remain the exclusive property of the Publisher or its licensors. No provision of these CGU shall be construed as assigning such rights.

The “nullbot” mark. The name “nullbot”, the logos, distinctive signs and associated names constitute protected trademarks and signs. Any reproduction, use or imitation, in whole or in part, without the Publisher's prior written authorization, is prohibited and may render its author liable.

Database protection. The databases created and operated as part of the Site and the Service benefit from the protection afforded by articles L.341-1 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle). Accordingly, it is prohibited to extract and re-use, whether by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of these databases, as well as the repeated and systematic extraction or re-use of insubstantial parts exceeding normal conditions of use.

No implied rights. No provision of these CGU shall be construed as granting the User, by implication or otherwise, any intellectual property right whatsoever in the Site, the Service, the “nullbot” trademark or the databases, beyond the strict right of use expressly granted.

Generated Outputs. The attribution of any rights in the Outputs, to the extent such rights may exist, as well as the conditions of their use by the User, are set out in the Terms and Conditions of Sale. The User remains responsible for ensuring that its use of the Outputs does not infringe any third-party rights.

13. Availability, maintenance and updates

Best-efforts obligation. The Publisher endeavors, on a best-efforts basis, to ensure the availability and proper functioning of the Site and the Service. Given the nature of the technologies used and of communication networks, the Publisher cannot guarantee uninterrupted, error-free availability.

Maintenance. The Publisher may, at any time, carry out maintenance, update, correction or improvement operations on the Service. Planned interruptions are, as far as possible, scheduled to limit any inconvenience caused and, when reasonably possible, announced in advance.

Unplanned interruptions. Unplanned interruptions may occur, in particular in the event of a technical incident, the failure of a service provider or a Model Provider, a cyberattack, or a case of force majeure. The Publisher uses reasonable efforts to restore the Service as promptly as possible.

Service changes. The Service may change in order to add new features, modify or remove certain features, or adapt the artificial intelligence models used. These changes may be driven by technical, security, compliance or improvement considerations. The User acknowledges that such changes are inherent to a software service delivered as SaaS.

Service levels. Any service-level commitments (guaranteed availability, restoration times, support) as well as their conditions and limits are defined, where applicable, in the Terms of Sale or in any specific contractual document.

14. Links and third-party services

Hyperlinks. The Site may contain links to third-party sites or resources. These links are provided for convenience. The Publisher exercises no control over these third-party sites and disclaims all liability for their content, availability, operation, or the practices of their publishers. Access to these resources is at the User's sole risk.

Third-party services and integrations. The Service may interface with third-party services, platforms, application programming interfaces, or tools, at the User's initiative. Use of these third-party services is governed by their respective providers' own terms, which the User agrees to comply with. The Publisher cannot be held liable for the failures, changes, interruptions, or practices of these third parties.

Model providers. The Service draws on artificial intelligence models supplied or operated by Model Providers. The operation, availability, performance, usage policies, and terms of these Providers are outside the Publisher's control. Any change, interruption, pricing change, or restriction decided by a Model Provider may affect the Service, without the Publisher's liability being engaged as a result. The User acknowledges that the nature and quality of the Outputs depend in part on these third parties.

Independence of relationships. The Publisher is not a party to any contractual relationships the User may enter into with third parties, including Model Providers, when the User uses its own accounts or access keys. It is the User's responsibility to ensure that such use complies with those third parties' terms.

15. User liability and warranty to the publisher

General liability. The User is responsible for its use of the Site and the Service, for the configuration and supervision of the Agents, for the Client Content, for the Outputs it uses or has executed, and for all actions carried out through its Account. It bears the consequences, toward itself and toward third parties, of the decisions and actions resulting from such use.

Compliance of use. The User warrants that its use of the Service complies with these CGU, applicable law, and the rights of third parties. In particular, the User warrants the lawfulness of the Customer Content, the legitimacy of the personal data processing it carries out, and compliance with the obligations incumbent upon it in its capacity as deployer within the meaning of the AI Act.

Indemnification obligation. The User undertakes to indemnify, defend, and hold harmless the Publisher, its officers, employees, and subcontractors against any claim, action, complaint, judgment, loss, damage, cost, or expense (including reasonable defense costs) arising from:

• (a) a breach by the User of these Terms of Use or of the law;
• (b) the Client Content or the Outputs it uses, distributes, or has executed;
• (c) an action performed by an Agent that it has configured, authorized or supervised;
• (d) an infringement of third-party rights attributable to its use of the Service.

Cooperation. In the event of a third-party claim covered by this warranty, the Publisher shall inform the User within a reasonable time. The parties shall cooperate in good faith in defending their respective interests. The User may not enter into any settlement involving an admission of liability or an obligation on the part of the Publisher without the latter's prior written consent.

16. Liability and warranties of the publisher

Best-efforts obligation. In providing the Site and the Service, the Publisher is bound by a best-efforts obligation (obligation de moyens). It exercises the reasonable diligence of a competent professional, without guaranteeing that the Service will meet all of the User's specific needs, that it will operate without interruption or error, or that the Outputs will be accurate, complete or suitable.

No warranty on Outputs. Given the probabilistic nature of artificial intelligence models, the Publisher does not warrant the accuracy, relevance, reliability, or absence of defects in the Outputs. The User alone is responsible for evaluating and using them, in accordance with their obligation of human oversight.

Limitations of liability. Within the limits permitted by law and subject to the exclusions below, the Publisher's liability may not be invoked:

• (a) for indirect damages, such as loss of operation, revenue, profits, customers, data, reputation or opportunity;
• (b) for the consequences of a use of the Service that does not comply with these Terms of Use, a failure to supervise the Agents, or a decision made on the basis of an Output without verification;
• (c) for damages resulting from Client Content, actions performed by Agents under the User's control, or acts of third parties, in particular Model Providers;
• (d) for interruptions, malfunctions, or losses attributable to the Internet network, the User's equipment, or an event of force majeure.

Preservation of the essential obligation. The foregoing limitations shall not have the effect of depriving the Publisher's essential obligation of its substance, nor of releasing it from a fundamental obligation of the contract. They apply in accordance with applicable case law, without contradicting the scope of the essential undertaking entered into.

Liability cap. To the extent permitted by law, and except in the cases referred to in the preceding paragraph, the total amount of the Publisher's liability, for all damages combined, is limited within the limits specified by the Terms and Conditions of Sale. Any liability claim must be brought within the applicable legal limitation periods.

17. Reporting unlawful content

Reporting mechanism. In accordance with applicable provisions, in particular those arising from the French law on confidence in the digital economy (LCEN) and European regulation on digital services, any person may bring to the Publisher’s attention any content within the Service that they consider unlawful.

Reporting procedure. Reports must be sent by post to the Publisher's registered office. A dedicated contact email address will be activated as soon as the domain is opened and published here. To enable effective processing, the report must include:

• (a) the date of the report;
• (b) the identity of the notifying party (name, capacity, and, if a legal entity, its corporate name and registered office);
• (c) a precise description of the disputed content and its exact location;
• (d) the legal and factual grounds on which the content should be removed, together with, where applicable, supporting evidence.

Processing. The Publisher reviews reports received with diligence. Where content is manifestly unlawful, or upon the decision of the competent authority, the Publisher may block access to it or remove it. The Publisher may also suspend the Account from which the content originated and inform the authorities where required by law.

Good faith of the notification. Presenting content as unlawful in order to obtain its removal, or to have its distribution stopped, while knowing this information to be inaccurate, may engage the liability of its author. The Publisher reserves the right not to act on a notification that is manifestly abusive or unfounded.

18. Suspension and termination of access

Suspension for breach. The Publisher may suspend, immediately and without prior notice, the User's access to the Site or the Service in the event of a breach of these Terms of Use, use that undermines the security or integrity of the Service, conduct or content that is manifestly unlawful, or any use likely to cause harm to the Publisher, other Users, or third parties.

Precautionary measures. In the event of a serious risk to security, legal compliance or the proper functioning of the Service, the Publisher may take any proportionate precautionary measure, including suspending an Agent, blocking an action, restricting certain features or limiting authorizations, pending resolution of the situation.

Termination for serious or persistent breach. In the event of a serious breach, or a breach that has not ceased after a reasonable period following an unsuccessful formal notice, where the nature of the breach so permits, the Publisher may terminate the User's access, without prejudice to any damages.

Effects of termination. Suspension or termination results in the immediate cessation of the right to access the Site and the Service. Financial terms, the procedures for returning or deleting Customer Content, and the termination of subscriptions are governed by the Terms and Conditions of Sale. Provisions whose nature implies survival beyond the contractual relationship (in particular those relating to intellectual property, liability, the Publisher's warranty, and applicable law) remain in force.

No compensation. Suspension or termination resulting from a breach by the User shall not give rise to any right to compensation in its favor, without prejudice to the Publisher's rights.

19. Protection of Personal Data and Cookies

Processing of personal data. The Publisher processes personal data in connection with the provision of the Site and the Service, in compliance with Regulation (EU) 2016/679 (“GDPR”) and the amended French Data Protection Act (“loi Informatique et Libertés”). The purposes, legal bases, retention periods, recipients, any transfers, and the rights of data subjects are described in detail in the privacy policy.

Allocation of roles. Depending on the processing operations concerned, the Publisher acts as data controller for its own purposes, and as processor when it processes personal data on behalf of the User in connection with the operation of the Service. The terms of this processor relationship are specified, where applicable, in the data processing agreement.

User Obligations. Where the User provides or has personal data processed by means of the Service, it is the User's responsibility to comply with the obligations incumbent upon it in its capacity as data controller, in particular informing data subjects, ensuring the lawfulness of the processing, determining an appropriate legal basis, and respecting the rights of data subjects.

Cookies and trackers. The Site uses cookies and trackers under the conditions described in the cookie policy, which specifies their nature, purpose, and how the User's consent and preferences are managed.

20. Amendment of the CGU

Right to amend. The Publisher reserves the right to modify these CGU at any time, particularly to adapt them to changes in the Site and the Service, to legal and regulatory developments, or to technical or security considerations.

User information. The amended CGU are published on the Site and take effect from the date they are posted online for any new access or new use. Where the amendments are substantial, the Publisher shall endeavour to inform the User by an appropriate means.

Acceptance of amendments. Continued use of the Site or the Service after the amended Terms of Use take effect constitutes acceptance of those terms. A User who does not accept the amendments must stop using the Site and the Service, subject to the applicable provisions of the Terms of Sale regarding ongoing subscriptions.

Applicable version. The version of the Terms of Use binding on the User is the version in force on the date of the access or use in question. The User is advised to regularly consult the online version.

21. Miscellaneous

Entire agreement. These CGU, together with the documents to which they refer, express the entire agreement between the parties with respect to their subject matter. They prevail over any prior or contemporaneous document, exchange, or practice relating to the same subject matter, subject to the provisions of the Conditions Générales de Vente.

Severability. If any provision of these CGU is declared null, unlawful, or unenforceable by a final decision, that provision shall be deemed unwritten, without affecting the validity of the other provisions, which shall remain in full force and effect. The parties shall endeavor to replace the deleted provision with a valid provision achieving an equivalent effect.

No waiver. The fact that the Publisher does not, at a given time, avail itself of any provision of these Terms of Use shall not be construed as a waiver of its right to do so at a later date.

Assignment. The User may not assign or transfer these CGU, nor the rights and obligations resulting from them, without the Publisher's prior written consent. The Publisher may assign or transfer these CGU, in particular as part of a reorganization, merger, or business transfer transaction, while respecting the User's rights.

Language. These CGU are drafted in French. In the event of translation, only the French version is authoritative and shall prevail in the event of any discrepancy in interpretation.

Evidentiary agreement. The parties agree that the recordings, logs (logs), registers, and data retained by the Publisher in its information systems, under reasonable conditions of reliability, constitute admissible evidence and are conclusive between them as to the operations, access, and actions carried out by means of the Service, unless proven otherwise.

Force majeure. Neither party may be held liable for any failure to perform its obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code and applicable case law.

22. Governing law, consumer mediation, and competent jurisdiction

Governing law. These CGU are governed by French law, excluding its conflict-of-law rules that might lead to the application of another law.

Amicable settlement. In the event of a dispute relating to the formation, interpretation, performance or termination of these Terms of Use, the parties shall endeavor, prior to any legal action, to seek an amicable resolution. To this end, the more diligent party shall notify the other of its grievance in writing, after which the parties shall have a reasonable period to attempt to reach an agreement.

Consumer Mediation. These CGU are addressed exclusively to professionals acting within the scope of their business activity. Accordingly, the consumer mediation scheme, which is reserved for disputes between a professional and a consumer, is not intended to apply to relationships governed by these CGU. Should the User nevertheless act in the capacity of a consumer, the User may have recourse, free of charge, to a consumer mediator in accordance with Articles L.611-1 et seq. of the French Consumer Code, the Publisher inviting the User to first contact it by postal mail in order to identify the applicable scheme.

Competent jurisdiction. In the absence of an amicable resolution, and notwithstanding multiple defendants or third-party proceedings, any dispute relating to these CGU shall be subject to the exclusive jurisdiction of the competent courts within the territorial jurisdiction of the Douai Court of Appeal, unless a mandatory legal provision provides otherwise and confers jurisdiction on another court.

For any question relating to these Terms of Use, the User may contact the Publisher by postal mail at the registered office. A dedicated contact email address will be activated as soon as the domain is opened and will be published here.