Legal Notice

1. Introduction and acceptance

This document constitutes the legal notice of the Site. It is supplemented, where applicable, by the privacy policy, the cookie and tracker policy, the terms of use, the terms of sale and the data processing agreement, which together form the legal framework applicable to the Site and the Service.

Browsing the Site constitutes full and unreserved acceptance by the User of this legal notice. Any User who does not accept all or part of the following provisions is invited to refrain from accessing or using the Site.

The Publisher reserves the right to modify, at any time and without notice, the content of this legal notice, in particular to take into account any legal, regulatory, case-law, editorial, or technical developments. The applicable legal notice is that in force at the date the Site is consulted. The User is accordingly advised to consult it regularly.

This legal notice is drafted in French, which alone shall govern its interpretation, including in the event of a translation of all or part of its content.

2. Publisher of the Site

The Site and the nullbot Product are published by the company identified below, which qualifies as publisher within the meaning of Article 6, III, 1° of the LCEN:

• Company name: MARA LABS
• Legal form: Société par actions simplifiée (SAS)
• Share capital: €100
• Registered office: 41 rue Jacquemars Giélée, 59800 Lille, France
• SIREN: 104 321 104
• SIRET (registered office): 104 321 104 00010
• Registration: RCS Lille Métropole 104 321 104
• APE / NAF code: 7010Z — Activities of head offices
• Intra-Community VAT number: FR 02 104 321 104
• Product published: nullbot
• Site address: https://nullbot-website-production.up.railway.app

MARA LABS may be contacted by mail, for the attention of its legal representative, at its registered office address: MARA LABS, 41 rue Jacquemars Giélée, 59800 Lille, France.

As of the date of publication of these terms, the domain name specific to the Product has not yet been registered; consequently, no contact email address or telephone number is provided at this time. A dedicated contact email address will be activated as soon as the domain is opened and will be published here.

3. Publication director

The publication director of the Site, within the meaning of Article 6, III, and Article 93-2 of Law No. 82-652 of 29 July 1982 on audiovisual communication, is the legal representative of MARA LABS, acting in that capacity.

The publication director is responsible for the editorial content published on the Site. Any correspondence relating to the publication director may be sent by post to the registered office of MARA LABS, whose details appear in the "Site Publisher" section.

In accordance with the applicable provisions, the publication director may appoint an editor-in-chief. In the absence of such an appointment being brought to the attention of Users, the duties of the editor-in-chief are exercised by the publication director.

4. Hosting

Hosting of the Site is provided by the service provider identified below, acting as host within the meaning of Article 6, I, 2° of the LCEN (French Law on Confidence in the Digital Economy):

• Host: Railway Corporation
• Address: 80 Pine Street, 24th Floor, New York, NY 10005, United States
• Website: railway.app

The host provides the storage and availability of the technical files required for the Site to function. It does not take part in the design, selection, or moderation of the published editorial content, which is the sole responsibility of the publisher.

The use of a hosting provider established outside the European Union may involve a transfer of data to a third country; the conditions and safeguards governing such a transfer are specified, with regard to personal data, in the privacy policy and in the personal data processing agreement.

5. Access to and availability of the Site

The Site is, in principle, accessible to any User with access to the internet. The costs of access and connection to the network, as well as the hardware and software equipment necessary to view the Site, remain the sole responsibility of the User.

The Publisher endeavors to ensure access to the Site under reasonable conditions of availability and continuity, without however being bound by an obligation of result in this respect. The Site is indeed provided “as is” and subject to availability, with no guarantee of uninterrupted, error-free, or defect-free operation.

The publisher reserves the right, at any time and without notice, to suspend, interrupt, limit, or modify all or part of access to the Site, in particular for reasons of maintenance, updates, security, technical evolution, or in the event of force majeure or a failure attributable to a third party, without such interruption giving rise to any right to compensation for the User.

The User agrees to access and use the Site fairly, in accordance with its intended purpose, this legal notice and applicable regulations, and in particular to refrain from any conduct likely to compromise the integrity, security or proper functioning of the Site.

6. Intellectual property

All elements comprising the Site and the nullbot Product, whether visual, audio, textual or software-related — including in particular the Site's architecture, its structure, its graphic identity, its text, illustrations, photographs, videos, animations, diagrams, logos, icons, typefaces, as well as the developments, source code and object code, interfaces and databases — are protected under intellectual property law, and in particular under the provisions of the French Intellectual Property Code relating to copyright (Articles L.111-1 et seq.) and to software (Articles L.122-6 et seq.).

These elements are the exclusive property of MARA LABS or are subject, for its benefit, to a license or operating authorization duly granted by their rights holders. No provision hereof may be construed as conferring on the User any assignment or license of any of these rights.

The database accessible through the Site and the Service also benefits from the sui generis protection established for the benefit of database producers by Articles L.341-1 et seq. of the French Intellectual Property Code. Accordingly, the extraction and re-utilization, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the contents of this database, as well as the repeated and systematic extraction or re-utilization of insubstantial parts exceeding normal use, are prohibited without the prior written authorization of the publisher.

Any representation, reproduction, adaptation, translation, modification, extraction, distribution, or exploitation, in whole or in part, of the elements of the Site or the Product, by any means whatsoever and on any medium whatsoever, without the prior written authorization of MARA LABS, is strictly prohibited and constitutes an infringement offense.

Penalties. The offense of counterfeiting a copyrighted work is punishable under Article L.335-2 of the French Intellectual Property Code, which provides for a penalty of three years' imprisonment and a fine of €300,000. Infringement of a database producer's rights is likewise punishable under the same terms by Article L.343-1 of the same Code. These criminal penalties are without prejudice to civil compensation for the harm suffered by rights holders.

7. Trademarks, logos, and third-party content

The name “nullbot”, as well as the logos, distinctive signs, names, and designations associated with the Product and the Site, constitute trademarks and distinctive signs of which MARA LABS is the owner or authorized user. Any reproduction, imitation, use, or affixing, in whole or in part, of these trademarks and signs, without the prior written authorization of their owner, is prohibited within the meaning of Articles L.713-2 et seq. of the French Intellectual Property Code and engages the liability of its author.

Other trademarks, corporate names, trade names, logos and distinctive signs that may appear on the Site remain the property of their respective owners. Any mention of them on the Site does not confer any assignment or authorization to use them, and shall not be construed as evidence of any partnership, sponsorship, or affiliation, unless expressly stated otherwise.

Where the Site reproduces, for illustrative or reference purposes, content originating from third parties, such reproduction is carried out in compliance with the rights of their holders. Any rights holder who believes that content published on the Site infringes their rights is invited to contact the publisher in accordance with the procedures set out in the “Reporting Illegal Content” section.

8. Hyperlinks

Outbound links. The Site may contain hyperlinks pointing to websites or resources published and operated by third parties. These links are provided solely to facilitate the User's navigation. The publisher exercises no control over these third-party sites and disclaims all responsibility for their content, availability, accuracy, data protection practices, or any damage resulting from their consultation. Activating an outbound link is done at the User's sole responsibility, and the User is invited to review the terms of use and policies specific to each third-party site.

Inbound links. Setting up any hyperlink pointing to the Site is subject to the prior written authorization of the publisher. The publisher reserves the right to request the removal of any link established to the Site without its consent, in particular where such link is liable to harm its image, rights, or interests, or where it originates from a site whose content is contrary to law, public order, or accepted standards of decency. In all cases, the use of iframe techniques or any insertion method that conceals the origin of the Site is prohibited.

9. Liability

The information and content published on the Site are provided for purely informational and general purposes. They describe the nullbot Product and its features at a given point in time and are subject to change. On their own, they cannot constitute a contractual commitment on the part of the publisher, which results exclusively from the provisions of the applicable terms of sale and terms of use.

The publisher takes reasonable care to ensure the accuracy, currency, and completeness of the information published on the Site. It cannot, however, guarantee that this information is free of any inaccuracy, omission, or error, and disclaims all liability for any use that may be made of it or decisions taken on that basis alone.

The Publisher shall not be held liable for any direct or indirect damages resulting from access to the Site, its temporary or permanent unavailability, the presence of any viruses or other harmful elements, fraudulent intrusion by a third party, or more generally any malfunction beyond its reasonable control. It is the User's responsibility to take all appropriate measures to protect its own data and equipment.

Regarding security, the Publisher implements reasonable technical and organizational measures aimed at preserving the integrity and confidentiality of the Site. However, the open nature of the internet does not allow absolute security to be guaranteed; the User acknowledges being informed of these risks and accepting them.

The Publisher's liability may under no circumstances be engaged in the event of force majeure or an act attributable to a third party or to the User themselves. None of the foregoing provisions is intended, or has the effect, to exclude or limit the Publisher's liability in cases where such a limitation would be prohibited by a mandatory legal provision.

10. Protection of personal data

MARA LABS pays close attention to the protection of Users' personal data and ensures that such data is processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (the “GDPR”) and Law No. 78-17 of 6 January 1978, as amended, known as “Informatique et Libertés”.

The conditions under which Users' personal data is collected, used, retained and, where applicable, transmitted, as well as the rights available to data subjects — the right of access, rectification, erasure, restriction, objection and portability, as well as the right to lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL) — are detailed in the privacy policy.

When the processing of personal data is carried out by MARA LABS on behalf of its professional clients, in connection with the provision of the Service, the respective roles and obligations of the data controller and the processor are governed by the personal data processing agreement entered into between the parties, in accordance with article 28 of the GDPR.

11. Cookies and trackers

The Site may use cookies and other trackers to ensure its proper functioning, improve the browsing experience and, subject to the User's prior consent where required, measure Site audience.

Trackers strictly necessary for the operation of the Site or for the provision of a service expressly requested by the User are exempt from consent. Other trackers are only placed and read after obtaining the User's free, informed, specific, and unambiguous consent, which may be withdrawn at any time as easily as it was given.

The categories of trackers used, their purposes, their retention period, as well as the practical means by which the User may express, configure or withdraw consent are described in detail in the cookie and tracker policy.

12. Reporting illegal content

Pursuant to Article 6, I, 5° of the LCEN, any User may report to the publisher the presence on the Site of content it considers manifestly unlawful. Such notice must be sent by post, for the attention of the director of publication, to the registered office address of MARA LABS as set out in the “Site Publisher” section.

In order to be admissible and to allow for a meaningful review, the report must include all of the elements listed below, it being noted that knowingly presenting content as unlawful in order to obtain its removal, while aware that this information is inaccurate, is a criminal offense:

• the date of the notification;
• if the notifying party is a natural person: their surname, given names, occupation, address, nationality, date and place of birth; if it is a legal entity: its legal form, name, registered office, and the body that legally represents it;
• the identity of the recipient of the notice, namely MARA LABS, represented by its legal representative;
• a precise description of the disputed facts and their exact location on the Site, in particular by means of the address(es) (URL) concerned;
• the reasons why the reported content must be removed, including a reference to the applicable legal provisions and a statement of the facts justifying the request;
• a copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, removal, or modification, or proof that the author or publisher could not be contacted.

The publisher undertakes to diligently review any properly constituted notice and to take, where appropriate, the appropriate measures. Sending a notice implies neither acknowledgment of the unlawful nature of the content in question nor any obligation to remove it, the publisher assessing each situation in light of applicable law.

13. Digital accessibility

MARA LABS is committed to the accessibility of the Site and strives to make its content accessible to as many people as possible, including people with disabilities, drawing on recommendations from recognized accessibility standards, in particular the Web Content Accessibility Guidelines (WCAG).

The Publisher pursues an ongoing improvement effort in this regard and makes, to the extent reasonable, the adjustments necessary to reduce the obstacles that Users may encounter.

Any User who encounters difficulty accessing content on the Site, or who wishes to obtain information in an adapted format, is invited to notify the publisher by post at its registered office, so that the request may be considered as promptly as possible.

14. Consumer mediation and dispute resolution

Consumer users. In accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the French Consumer Code, any consumer has the right to refer, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with a professional, provided that the consumer has first attempted to resolve the dispute directly with the professional by means of a written complaint. The contact details of the competent consumer mediator will be communicated to the consumer and published on the Site as soon as the mediation scheme to which MARA LABS adheres has been effectively designated.

The European Commission also provides consumers with an online dispute resolution platform, details of which are available on the official European Union portal dedicated to consumer dispute resolution.

Business users. As the nullbot Product is intended for professional use, the contractual relationships between MARA LABS and its business customers are governed by the terms and conditions of sale, which determine the dispute resolution procedures applicable between businesses. The consumer mediation scheme does not apply to these business-to-business relationships.

In any event, before initiating any legal action, the parties shall first seek an amicable resolution of their disputes.

15. Governing law and jurisdiction

This legal notice, as well as access to and use of the Site, is governed by French law, without prejudice to any more protective mandatory provisions that a consumer User residing in another Member State of the European Union may invoke under the law of their habitual residence.

Failing an amicable resolution, any dispute relating to the interpretation, performance or validity of this legal notice shall be submitted to the competent courts under the ordinary rules of jurisdiction. With regard to the consumer User, the competent court shall be, at the User's choice, the court of the place of the User's domicile or that of the place of domicile or registered office of the defendant, in accordance with the applicable legal rules of jurisdiction.

Should any provision of this legal notice be declared null, unlawful or unenforceable, in whole or in part, this shall not affect the validity of the other provisions, which shall continue to have effect.