|
Terms and Conditions of Sale and Use Last update : 12/01/2024
|
Important information:
FLAASH, a company specializing in the development and publication of software and other IT solutions, publishes the website accessible at https://flaash.ai/.
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) form the basis of the commercial relationship between Customers and FLAASH, a Société par Actions Simplifiée (simplified joint stock company) with capital of €30,000, registered in the Lyon Trade and Companies Register under number 982 318 479, whose registered office is located at 17 Montée Saint-Sébastien – 69001 Lyon and represented by its Chairman, Mr Jean MULIN.
FLAASH can be contacted :
- By phone: +33 (0)6 36 56 94 56
- By e-mail to: hello@flaash.ai
- By post to the following address: FLAASH, 17 Montée Saint-Sébastien, 69001 Lyon
Any request for assistance or complaint concerning the use of the Website or the Services, in the event of non-conformity of the Deliverables with the present GTC, must be addressed to Technical Support by e-mail at the following address: hello@flaash.ai.
These General Terms and Conditions of Sale govern in their entirety all Services provided by FLAASH.
Any Order placed with FLAASH on the Website automatically implies unreserved acceptance of the entirety of these General Terms and Conditions of Sale. They exclude the application of any terms and conditions of purchase of the Customer, regardless of the clauses appearing on the latter’s commercial documents, unless expressly waived beforehand by FLAASH.
By doing so, the Customer acknowledges that he/she has fully understood and agrees to all the terms and conditions set out below.
BEFORE CLICKING ON THE ICON “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS” AS PART OF THE PURCHASE OR SUBSCRIPTION PROCESS ON THE SITE, YOU MUST READ THEM CAREFULLY IN THEIR ENTIRETY.
BY CLICKING ON THE ICON “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS” YOU GUARANTEE :
- BE A NATURAL PERSON OR A LEGAL ENTITY WITH FULL LEGAL CAPACITY TO ENTER INTO THESE GVCS;
- EXPRESS YOUR CONSENT TO BECOME A “CUSTOMER”, AS WELL AS YOUR AGREEMENT TO THE ENTIRE CONTENT OF THESE GENERAL TERMS AND CONDITIONS OF SALE (“GTSC”) AND BIND YOU TO THE COMPANY FLAASH, YOUR CO-CONTRACTOR, TO RESPECT ALL THE TERMS WITHOUT ANY RESERVATION;
- HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS.
|
CONTENTS
|
Article 4: Description of Services. 6
Article 6: Right of withdrawal. 7
Article 7: Delivery – Complaints. 7
Article 8: Access to Services. 8
Article 9: Pricing conditions. 10
Article 10: Obligations and liability. 11
- Obligations and responsibilities of the Customer/User. 11
- Use of the Website 11
- Rights on Photographs Imported by the Customer/User on the Website and on Deliverables. 12
- General obligations. 13
- FLAASH’s obligations and responsibilities… 13
Article 12: Intellectual property. 16
- General provisions. 16
- The rights of FLAASH… 16
- Assignment of copyright. 17
- Time and territory. 17
- Compensation. 17
- Third-party rights. 17
Article 15: Customers’ and Users’ personal data. 19
Article 17: Archiving the contract 19
Article 19: Recourse to the consumer ombudsman. 20
Article 20: General provisions. 20
- All provisions. 20
- Non-renunciation. 20
- Force majeure. 20
- Modification. 20
- Applicable law – Language of the contract – Settlement of disputes. 21
Article 1: Definitions
” Subscription ” refers to the commitment entered into by the Customer with FLAASH, involving the payment of a monthly or annual fee depending on subscription, in return for which a User may benefit from the Services.
” Customer ” refers to the individual or legal entity, Professional or Consumer, subscribing to a Subscription or purchasing Credits in order for a User to use the Services.
” GTC ” means this contract, governing the contractual relationship between FLAASH and the Customer/User.
” Order ” refers to the order of a Service entrusted to FLAASH by its Client/Professional or Consumer User.
” Consumer ” means, in accordance with the introductory article of the French Consumer Code, any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity.
” Credit ” refers to the assets that can be purchased by the Customer to benefit from the Services.
” Deliverable ” refers to the result of the Service, i.e. the photograph generated on the Website illustrating the projected renovation or furnishing of the room shown on the Photograph Imported by the Customer/User. The deliverable is downloadable in JPEG format.
” Means of Access ” refers to all computer and electronic communication means enabling the Customer/User to access the Services.
” Parties ” refers to FLAASH and the Customer/User.
” Services ” refers to the virtual home staging services offered by FLAASH using artificial intelligence software to generate random room layouts for real estate properties. The Services allow a User to import photographs (“Imported Photographs”) onto the Website and generate projections of property renovations or furnishings (“Deliverables”).
” Professional In accordance with the introductory article of the French Consumer Code, “means any individual or legal entity, public or private, acting for purposes within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
” Website” refers to the website accessible at https://flaash.ai/ on which the platform based on an artificial intelligence model can be accessed to generate property renovation or furnishing projections.
” User ” refers to the natural person visiting the Website in order to use the Services. The Customer and the User may be the same natural person.
Article 2: Purpose
These General Terms and Conditions apply to the provision of Services by FLAASH, following the Order placed by the Client/User.
Should the Professional Customer wish to take out several Subscriptions for several Users, a specific contract will be concluded with FLAASH.
Article 3: Prerequisites
The Customer/User acknowledges that he/she has the necessary and appropriate skills and Means of Access to access the Website and use the Services. He acknowledges having the minimum hardware and software requirements and broadband Internet access. He also acknowledges that he has secured the computer configuration he uses, in particular by installing anti-virus software.
The Customer is personally responsible for :
- Setting up means of access;
- The knowledge required by the User to use his Means of Access, as well as the Internet and the Website,
- And the knowledge required by the User to use the Services.
The Customer is responsible for all connection and equipment costs associated with the use of his or her Means of Access (e.g. fixed-rate telephone, fixed-rate Internet access, etc.) and the use of the Website and Services.
The Customer undertakes to comply with all legislation, regulations and procedures applicable to him/her in his/her place of connection or residence, with regard to both access to the Website and use of the Services.
Article 4: Description of Services
FLAASH makes available to the Customer/User, via the Website, a virtual home staging Service that enables a User to import photographs onto the Website and generate renovation or furnishing projections for real estate properties.
The main characteristics of the Services are presented on the Website. The Customer/User is obliged to read them before placing an Order.
The choice and purchase of a Service are the sole responsibility of the Customer/User.
The Services offered comply with the regulations in force in France relating to the fairness of commercial transactions and consumer protection.
In return for a Credit, the User can import the photograph of a room onto the Website and download as many versions of the converted or renovated room as he or she wishes.
Article 5: Duration
These GCS come into force and become binding on the Customer/User as soon as they are accepted by the latter.
This acceptance is made by clicking on ” I have read and accept the terms and conditions “.
The present GTC are concluded for an indefinite period.
Article 6: Right of withdrawal
This article is for Consumers only
In accordance with article L.221-18 of the French Consumer Code, for contracts concluded at a distance, the Consumer Customer has a withdrawal period of fourteen (14) days from the date of conclusion of the contract to exercise his right of withdrawal.
In order to exercise the right of withdrawal, the Consumer Customer must notify FLAASH of his/her decision to withdraw by means of an unambiguous statement in :
- registered letter with acknowledgement of receipt sent to the following address: FLAASH, 17 Montée Saint-Sébastien, 69001 Lyon ;
- or by e-mail with acknowledgement of receipt to the following address: hello@flaash.ai.
You can use the sample cancellation form below, but this is not compulsory. In this case, please copy the form below and complete it (only if you wish to withdraw from the contract):
To the attention of FLAASH (17 Montée Saint-Sébastien, 69001 Lyon).
I hereby notify you of my withdrawal from the contract for the sale of services (*) :
Ordered on ______________
Order n°______________/ Invoice n°_____________
Customer name :
Customer address :
Customer’s signature (only if this form is sent on paper) :
Date:____________________
(*) Delete as appropriate.
In order for the withdrawal period to be respected, it is sufficient for the Consumer Customer to transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
The Consumer Customer acknowledges that he may not exercise his right of withdrawal when a Credit has been used and a photograph has been imported onto the Website leading to the generation of the Deliverable, in accordance with article L. 221-28 of the French Consumer Code.
Article 7: Delivery – Complaints
Deliverables can be downloaded in JPEG format from the Website approximately 30 seconds after the original photograph has been uploaded.
Deliverables will be accessible on the Customer/User’s User Space for a period of one (1) year.
FLAASH shall not be held liable for any delay in the provision of Services caused by the Customer/User or related to the Means of Access.
If the Customer/User considers that the Services do not comply with these GTC, he/she must notify FLAASH by sending an e-mail to Technical Support at the following address: hello@flaash.ai
ny claim must be made within eight (8) calendar days at the latest from the importation of the initial photograph, failing which all recourse against FLAASH will be lost. The Customer/User must provide full justification as to the reality of the anomalies observed.
Technical Support will provide an initial response to the Customer’s complaint within twenty-four (24) working hours.
In the absence of reservations or complaints, or in the event of non-compliance with the aforementioned formalities and deadlines by the Customer/User, the Services will be deemed to be compliant in terms of quantity and quality.
In the event of complaints made under the above conditions, FLAASH, at the Customer/User’s option, will refund or rectify, as far as possible, the Deliverable for which the lack of conformity has been duly proven by the Customer/User.
By way of exception, FLAASH shall not be liable for any refund or rectification if the Customer/User’s reservations or claims :
- Are attributable to the inaccuracy or unreliability of the information and files transmitted to FLAASH or to any breach by the Client/User of the GTC;
- Are due to a subjective assessment by the Customer/User of the aesthetic or functional aspects of the Deliverable which is the subject of the Services ordered;
- When reservations or complaints concern deviations attributable to the state of the art.
Article 8: Access to Services
In order for the Customer/User to access the Services, the Customer must create an account on the Website, giving him access to his “User Space”. When creating the User Space, the Customer/User must accept these GTC.
Once the Customer has registered, a confirmation e-mail summarizing the information entered will be sent to the e-mail address previously provided.
Each Customer/User will have their own User Area which they can access via their login and password. Connection to the User Area will require the entry of a code sent by SMS to the User’s cell phone.
Each Customer/User undertakes to define a strong password to access his/her User Space.
The Client and Users undertake to provide FLAASH with accurate, up-to-date and complete data and to maintain its accuracy. Customers and Users are responsible for updating their personal data.
Using a Credit, you can import a photograph of a room in a property. This photograph can be used to generate as many Deliverables (generated photographs) as desired.
A Customer may purchase Credits by pack on the Website.
Once the information (company name if applicable, surname, first name, billing address, e-mail address, telephone number) requested on the Web Site has been completed, the Customer will be able to check the description of his Order and in particular the number of Credits purchased and the price.
The Customer confirms his/her Order and declares that he/she accepts the present GTC in full and without reservation.
The Customer may print a summary of his Order.
As soon as the Order is registered, a detailed acknowledgement of receipt is sent to the e-mail address provided by the Customer. This acknowledgement of receipt specifies the exact amount invoiced, the description of the pack purchased and the terms of use.
The present GTC are attached to this confirmation e-mail.
The Customer can take out a Subscription on the Website.
It must :
- Fill in the information requested on the Website: company name (if applicable), surname, first name, billing address, e-mail address, telephone number;
provide a bank account number (RIB) to set up the direct debit.
User information (surname, first name, e-mail address and telephone number) will be entered by the User when creating his or her User Space.
Any subscription to a Subscription implies an obligation to pay.
Once the information has been filled in, the Customer will be able to check the description of the Subscription, = the amount of the monthly payment that will be deducted, the duration of the Subscription and the cancellation terms.
The Customer confirms his/her Subscription and declares that he/she accepts the present GTC in full and without reservation.
The Customer may print a summary of his Subscription.
As soon as the Subscription is registered, a detailed acknowledgement of receipt is sent to the e-mail address provided by the Customer. This acknowledgement of receipt specifies the exact amount invoiced, the description of the Subscription and the terms of use.
The present GTC are attached to this confirmation e-mail.
Article 9: Pricing conditions
1. Rates
The prices of FLAASH’s Services are those indicated on the Website in euros, inclusive of all taxes, taking into account the VAT rate applicable in France on the date of the Order. Any variation in the rate may be reflected in the price of the Services.
FLAASH reserves the right to modify its prices at any time. Subscriptions and Credits already subscribed to will be subject to the rates in force on the day of subscription.
Credits can be purchased on the Website in packs comprising a different number of Credits.
The price of one (1) pack of five (5) credits is nineteen (19) € excluding VAT. The price of one (1) pack of ten (5) credits is twenty-seven (27) € excluding VAT.
Credits can only be used by the User whose User Space has been used to purchase the Credits.
FLAASH offers two types of Subscription:
- Annual subscription:
- 1 User: €21.75 (twenty-one euros and seventy-five cents) excl. VAT / month for 12 (twelve) months, paid in full when the order is placed, i.e. €261 (two hundred and sixty-one) excl;
Term of one year, tacitly renewable for a period of the same duration.
- Monthly subscription:
- 1 User: €29 (twenty-nine) excl. tax/month ;
No time limit.
All Subscriptions allow you to import an unlimited number of photographs to generate as many projections as you wish, subject to normal use.
A Subscription provides access to Services for a single User.
Credits are purchased online on the Website by credit card.
FLAASH uses the Stripe payment platform, whose terms and conditions are available at https://stripe.com/fr/legal/ssa/fr-fr.
Subscription payments are made by monthly direct debit on the date set by the customer at the time of subscription.
When the Customer purchases Credits, an invoice is sent by e-mail and is available on the Website.
When the Customer has subscribed to a Subscription, an invoice is sent to him monthly by e-mail and is accessible on the Website.
In the event of late payment, FLAASH may suspend the Subscription and block access to the User Space.
Any sum not paid by the due date shall automatically incur, without the need for a reminder and from the day following the payment or debit date agreed between the Client and FLAASH, the application of penalties equal to three times the legal interest rate. If the Customer is a professional, an additional fixed amount of 40 (forty) euros will automatically be payable by the professional Customer as a fixed indemnity for collection costs.
Late payment will also result in the immediate payment of all sums owed to FLAASH by the Client, without prejudice to any other action that FLAASH may be entitled to take against the Client in this respect.
Article 10: Obligations and liability
1. Obligations and responsibilities of the Customer/User
The Customer/User undertakes to comply with all legislation, regulations and procedures applicable to him/her in his/her place of connection or residence, with regard to access to the Website and the Services.
When using the Website, the Customer/User shall refrain in particular, in any way whatsoever, from :
- attempt to carry out or carry out, in any form whatsoever, and regardless of the technology employed, any action of a malicious nature and/or presenting a risk to the operation and/or security of all or part of the Website,
- divert or attempt to divert all or part of the Website, or any other element to which the Customer/User may have access, for purposes other than those for which they are intended,
- attempt to harm, or harm, attempt to harm, or harm.
- to FLAASH,
- and/or more generally to a third party (including another Customer or User),
in any way whatsoever and in particular via the Internet (for example via: social networks, the Website, etc.), for example by committing acts of unfair competition, acts of parasitism, acts of damage to reputation or image, acts of denigration, acts of counterfeiting, acts infringing on privacy,
- be the author, in any way whatsoever, of content and/or statements that are illicit and/or prejudicial to FLAASH,
- transmit, upload to the Website, display, in any manner whatsoever, and by any technological means whatsoever, any content that is illegal, fraudulent, harmful, abusive, threatening, abusive, harassing, tortious, defamatory, racist, anti-Semitic, vulgar, obscene, revisionist, homophobic, insulting, pornographic, paedophilic, immoral, invasive of a person’s privacy, hateful or racially, ethnically, religiously or otherwise objectionable,
- use or attempt to use erroneous, usurped, stolen and/or non-owned means of payment.
The Customer/User declares that he/she accepts the characteristics and limits of the Internet and in particular acknowledges that :
- use of the Website is at the user’s own risk and under the user’s sole responsibility,
- any material downloaded by the Customer/User or obtained in any other way while using the Website and the Services is done so at the Customer’s/User’s own risk.
The Client/User transmits information and documents to FLAASH under its sole responsibility, and guarantees their content, accuracy and availability with a view to the performance of its Services by FLAASH.
The Customer/User guarantees in particular that he has the necessary rights and authorizations for the Photographs Imported onto the Website. In this respect, the Client/User guarantees that the use by FLAASH of these Imported Photographs does not infringe the rights of a third party, such as property rights, copyright, right to privacy and right to image, and does not breach any contractual commitment such as confidentiality, exclusivity, etc.
In particular, the Customer/User guarantees, with regard to Imported Photographs, that if he/she is not the owner of the property concerned, he/she has obtained authorization from the latter.
Imported Photographs must comply with all applicable laws and regulations.
The Customer/User undertakes to ensure that the image of no identifiable physical person is visible on the Imported Photographs.
The Customer/User acknowledges having full knowledge of the regulations governing copyright and image rights. He/she shall be solely responsible for the use of the Imported Photographs and Deliverables.
By placing an Order, the Customer/User authorizes the use of the data and documents transmitted, in particular the Imported Photograph, for the purpose of processing the Order. The Customer/User acknowledges and accepts that, for the purposes of processing the Order, FLAASH may be required to communicate such data and documents to its partners and, in particular, to its subcontractors.
The Client/User undertakes to inform FLAASH directly of any difficulties that may arise in the performance of the Services.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, in accordance with Article 7 “Delivery – Complaints”, the Services shall be deemed to comply with these GTS in terms of quantity and quality.
The Customer undertakes to ensure that Users using the Subscription taken out by the Customer comply with the provisions of the present article “Rights to Photographs”. The Customer is solely responsible for the Imported Photographs and Deliverables, in particular with regard to copyright and image rights of third parties that may be attached to the Imported Photograph and consequently to the Deliverable.
In the event that FLAASH is held liable for the use of the Imported Photographs transmitted by the Client/User and the Deliverables generated therefrom, the Client shall indemnify FLAASH against any financial penalties, damages and interest awarded against FLAASH by an administrative or judicial authority or under the terms of a settlement agreement.
The Customer undertakes, at all times and for the entire duration of these GCS, to comply with and to ensure compliance by the User with all of its stipulations, in the context of an obligation of result, in particular the present Article “Obligations and responsibilities of the Customer/User”.
Consequently, the Customer undertakes, as part of an obligation of result, at all times, throughout the duration of these GTC, to respect, and to ensure that the User respects, the following rules of conduct, in connection with the Services:
- Strict compliance with laws and regulations applicable to the Customer and the User,
- Prohibition to use the Deliverables for a purpose and/or under conditions contrary to the law or to these GTC,
- Absolute confidentiality of the Customer’s/User’s login and password giving access to his/her account on the Website,
- Strictly individual use of each User Space,
- Prohibition of abnormal or abusive use of the Website,
- Respect and courtesy of the Customer and the User towards FLAASH,
- Use of Services in good faith,
- Transparency of the Customer towards FLAASH,
The Customer undertakes to make normal use of the Website and the Services and to ensure that each User has a User Space. In this context, the Customer acknowledges that a User Space may only be used by a single User for his or her own account and may not be used by any other individual or legal entity. Any robotized use or use exceeding a normal volume for a single individual may lead FLAASH to terminate the Subscription and/or these GTC in accordance with the provisions of article 13 “Termination”, without prejudice to any other action that FLAASH may be entitled to take against the Customer in this respect.
The Customer is solely responsible for its use of the Services and for the use of the Services by the User.
2. Obligations and responsibilities of FLAASH
FLAASH may only be held liable for acts carried out by it in the performance of a Service, in the sole event that a causal link is established between the alleged loss and gross negligence on the part of FLAASH, within the limits of the provisions of the present article “Obligations and responsibilities of FLAASH”.
FLAASH makes every effort to provide the Customer/User with access to the Websites and Services 24 hours a day, 7 days a week, except in the event of :
- force majeure as defined in the “Force majeure” article,
- unavailability due to scheduled or unscheduled maintenance, in particular corrective or evolutionary maintenance,
- unavailability due to the weakness or absence of Internet access network coverage by the Customer/User’s access provider,
- failure by the Client/User to comply with the instructions provided by FLAASH,
- and more generally, any technical difficulty of any nature whatsoever that may arise for any reason whatsoever and prevent the Customer :
- to access the Website and its contents,
- and/or more generally to use the Services.
FLAASH and the Client agree that the nature of FLAASH’s obligation in providing the Services is an obligation of means and not of result.
The Customer acknowledges that the Services are based on artificial intelligence software and that there can therefore be no guarantee as to the quality of the proposed Deliverable.
As FLAASH only provides a projection tool, based on data and documents supplied by the Customer/User, under the latter’s responsibility, it cannot be considered to be involved in any way whatsoever in the choice of solutions selected, or their implementation by the Customer/User, the owner or the purchaser of the property, and cannot be held liable in any way whatsoever in this respect.
The Client/User expressly acknowledges that the Deliverable proposed by FLAASH does not include the technical feasibility of the projection.
FLAASH makes every effort to ensure that the information published on the Website is accurate and up-to-date, but reserves the right to modify it at any time and without prior notice. However, it cannot guarantee the accuracy, precision or completeness of the information on the Website. Consequently, it declines all responsibility for imprecisions, inaccuracies or omissions in the information available, as well as all responsibility for damage resulting from fraudulent intrusion by a third party leading to modification of the information contained on the Website.
The only documents binding on FLAASH are these General Terms and Conditions. The photographs and texts reproduced on the Website and illustrating the Services are not contractual. Consequently, FLAASH cannot be held responsible for any error in one of these photographs or texts.
In particular, FLAASH is not responsible for:
- difficulties accessing or connecting to all or part of the Website and/or Services,
- unavailability or temporary malfunctions affecting all or part of the Website and/or Services,
- the temporary suspension of all or part of the Website and/or Services,
- modification without notice of access to all or part of the Website and/or Services,
for any reason whatsoever, and in particular in the event of evolutionary or corrective maintenance of all or part of the Website and/or Services.
- the unsuitability of a Service for a particular use or for the expectations and needs of the Customer/User that are not covered by the contract;
- inaccuracy or non-conformity of information (quantities, technical realization of ideas suggested on the Deliverable).
FLAASH excludes all liability whatsoever for indirect damage such as loss of profit, commercial or financial loss, increase in overheads, consequence of recourse by third parties or loss originating from or resulting from the Services, even if FLAASH has been previously notified, as well as damage caused to persons or property distinct from the object of the Order.
In any event, in the context of the Services and in the event that FLAASH is held liable for any reason whatsoever, the total amount of compensation that FLAASH may be required to pay the Client may not exceed the amount exclusive of VAT received by FLAASH, regardless of the legal basis of the claim and the procedure used to bring it to a successful conclusion.
Article 11: Warranties
|
The Consumer has a period of two years from the date of supply of the digital content or service to obtain the implementation of the legal warranty of conformity in the event of the appearance of a lack of conformity. For a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service. The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him. The Consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract by obtaining a full refund in exchange for relinquishing the digital content or digital service, if : 1° The professional refuses to bring the digital content or service into conformity; 2° The compliance of the digital content or service is unjustifiably delayed; 3° The digital content or service may not be brought into conformity at no cost to the consumer; 4° Bringing the digital content or service into conformity causes major inconvenience to the consumer; 5° The non-compliance of the digital content or service persists despite the professional’s unsuccessful attempt to bring it into compliance. The Consumer is also entitled to a reduction in price or rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the digital content or service to be brought into conformity beforehand. In cases where the lack of conformity is minor, the Consumer only has the right to cancel the contract if the contract does not provide for the payment of a price. Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied again in conformity. The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
In addition, the Consumer benefits from the legal warranty for hidden defects pursuant to articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the customer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service. |
Article 12: Intellectual property
1. General provisions
The Customer/User remains the owner of the rights to the elements he/she himself/herself has provided for the realization of the Services (“Imported Photographs”).
The Parties agree that the Client/User has full and complete ownership of the Services performed at its request by FLAASH, i.e. the Deliverables, subject to the Client/User fulfilling all of its obligations hereunder.
As such, FLAASH transfers to the Client/User, on an exclusive basis, all industrial and/or intellectual property rights that it may hold over the Deliverables, as and when they are produced, namely all industrial property rights and copyrights.
The assignment may only relate to Services delivered and paid for.
Proposals generated by FLAASH and not accepted by the Client/User remain the property of FLAASH.
The Client/User expressly authorizes FLAASH to use the Photographs Imported on the Website and the Deliverables in the artificial intelligence software generating the Services.
The Client/User has chosen to contract with FLAASH because of the originality of its Website and what it contains.
The Customer/User therefore acknowledges that the following “Protected Elements” are protected by intellectual property rights, without this list being exhaustive:
- the Website itself, including :
- architecture,
- its presentation,
- its graphic charter,
- all that it contains:
- software components,
- source code,
- the artificial intelligence model,
- works (texts, graphics, logos, drawings, images, sounds and music, etc.), in any format whatsoever,
- trademarks, company names and trade names.
Except in cases where the Customer/User holds property rights to the Protected Element concerned, the Customer shall refrain from, without this list being exhaustive :
- reproduce, copy, modify, assemble, recreate, duplicate, distribute, present, perform, broadcast, publicly display, transfer, transmit, publish, all or part of Protected Elements,
- sell, assign, sublicense, transfer, make available to a third party, commercialize, market, (including renting), distribute, redistribute, in any way whatsoever, all or part of Protected Elements,
- create a derivative work from all or part of the Protected Elements,
- reverse engineer, decompile, disassemble, extract, disassemble, adapt, translate, arrange, disassemble, all or part of Protected Elements,
- reuse, integrate or incorporate all or part of the Protected Elements into another product and/or service,
- attempt in any way whatsoever to discover the source code of Protected Elements,
- modify, damage or alter all or part of the Protected Elements with a view, for example, to obtaining unauthorized access to the Services and to accessing the Website by any means other than the connection interface to the customer area which is provided to the Customer for this purpose by FLAASH via the Website.
3. Assignment of copyright
As the performance of the Services is subject to the provisions of article L. 131-3 of the French Intellectual Property Code, it is expressly agreed between the Parties that the rights assigned are as follows:
- The right to reproduce or to have these Services reproduced by all means and processes, on all media and all materials both current and future, known or unknown, and in particular on paper or derived, plastic, digital, magnetic, electronic or computer media, by downloading, videogram, CD-Rom, CD-I, DVD, disk, floppy disk, network ;
- The right to represent or to have these Services represented by any current or future means of distribution and communication, known or unknown, in particular by any on line telecommunication network, such as internet, intranet, digital television network, transmission by hertzian way, by satellite, by cable, wap, interactive telematic system, by downloading, teletransmission, wired or wireless telephone networks;
The right to adapt, modify, transform, develop
in whole or in part, the Services, on any paper, computer, magnetic or optical medium, including the Internet, disk, floppy disk, tape, CD-Rom, listing;
The right to use and exploit the Services
the Services, for the needs of its own activities or for the benefit of third parties.
In this context, FLAASH undertakes, under the terms of each of these invoices, to :
- Recall the terms of the present article 12.3 ;
- Expressly state that the transfer is valid for the entire world, and for the entire legal duration of copyright protection.
4. Duration and territory
The present transfer of intellectual property rights is granted for the entire world, and for the entire legal term of protection of the author’s economic rights.
5. Compensation
In accordance with article L.131-4 of the French Intellectual Property Code, and by virtue of the particular nature of the subject matter of these GCS, the price of the transfer of intellectual property rights and in particular copyright attached to the Services is included as a lump sum in the price of the Services as shown on the invoices.
6. Third party rights
The Customer acknowledges and assumes full and entire responsibility for the Photographs Imported on the Website and appearing in the production delivered by FLAASH. FLAASH cannot be held liable in the event that such content is not free of rights or infringes the intellectual property rights of a third party. The Client guarantees FLAASH that it will be liable for any condemnation, costs and fees that it may be required to pay in this respect.
Article 13: Termination
The Customer is free to cancel the Subscription and/or these GCS by clicking on the “my account” tab in the User Area.
Cancellation may also be made by registered letter with acknowledgement of receipt addressed to: FLAASH, 17 Montée Saint-Sébastien, 69001 Lyon.
Termination will take effect at the end of the current Subscription month, subject to three (3) days’ notice.
FLAASH is free to terminate these GCS and/or the Subscription at any time, with three (3) days’ notice, by sending a registered letter with acknowledgement of receipt to the Customer. Termination takes effect on expiry of the two-month notice period, which runs from receipt of the registered letter.
In the event of non-compliance by the Customer/User with any provision of these GTC, FLAASH reserves the right to (i) by operation of law, (ii) unilaterally, (iii) following the dispatch of a formal notice by registered letter with acknowledgement of receipt or by e-mail to the Customer, and (iv) in the event that the Customer does not remedy the breach of these GTC within fifteen (15) days, or that FLAASH considers that it is not possible to remedy the breach (v) the right to :
- terminate the contractual relationship,
- block access to the User Space
- and/or permanently block access to all or part of the Services,
- without any consideration or indemnity.
- Consequences of termination
As soon as the cancellation is effective, the Customer/User will no longer be able to access his/her User Space on the Website.
At the Customer’s request, FLAASH will allow the Customer to download the information contained in its User Space, in particular its invoices.
The total amount of the sums due by the Customer at the time of termination will be immediately payable.
Article 14: Insurance
FLAASH declares that it is the holder of an insurance policy guaranteeing the pecuniary consequences of the bringing into play of its tortious or contractual liability that may be incurred in the context of these GTC. FLAASH shall justify this to the Customer at any time upon the latter’s first request.
Article 15: Customers’ and Users’ personal data
FLAASH undertakes to protect the personal data communicated by the Client/User in compliance with its Personal Data Protection Policy, the French Data Protection Act (Loi Informatique et Libertés) and the General Data Protection Regulation (RGPD).
This Personal Data Protection Policy is available via a dedicated link on the Website.
Article 16: Cookies
When using the Website, cookies may be deposited on the Customer/User’s Means of Access.
A “cookie” is a small text file containing information specific to the user of the Website. It is stored on the surfer’s hard disk and can only be read by the server that supplied it.
The information obtained by cookies is stored on the server hosting the Website, i.e. the servers of the American company AWS Europe.
FLAASH makes limited use of cookies in order to facilitate navigation of the Website and to optimize the Website experience.
These cookies are essential for tracking and registering user areas, as well as for browsing the website. Without these cookies, certain settings on the Website may not function properly.
FLAASH also uses cookies linked to third-party services for marketing purposes. These cookies are subject to user consent. Refusal to accept these cookies will not prevent access to the Website and Services.
Cookies are stored for a maximum of 12 (twelve) months.
Article 17: Archiving the contract
These GTC may be saved and printed by the Customer/User for storage and reproduction purposes.
In accordance with article L.213-1 of the French Consumer Code, FLAASH will archive contracts concluded electronically for an amount in excess of 120 euros for a period of ten years from the date of conclusion. Customers may obtain a copy of their contract by contacting hello@flaash.ai.
Article 18: Reference
The Client expressly authorizes FLAASH to present the Services performed (Deliverables) for the Client on various media as part of its commercial prospecting, external communication and advertising initiatives. In particular, these Services may be promoted on the Website and in FLAASH’s commercial documents.
The Client expressly authorizes FLAASH to include in the Services a statement indicating its contribution.
The Customer expressly authorizes FLAASH to communicate the Customer’s identity to third parties for the purposes of commercial prospecting.
Article 19: Recourse to the consumer ombudsman
This article is for Consumers only
If the Customer is a Consumer, in accordance with Article L.612-1 of the French Consumer Code, he/she “. has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system. “.
In the event of a dispute with FLAASH, the Customer may contact the mediator :
- By post to: Médiateur-Consommation-smp 24, rue Albert de Mun 33000 Bordeaux ;
- By e-mail: saisine@www.mediateur-consommation-smp.fr.
Article 20: General provisions
1. Complete provisions
In the event that one of the clauses of these GTC is declared illegal or unenforceable, and/or null and void by a change in legislation, or by a court decision that has become final, the nullity or unenforceability will be strictly limited to the said clause, and will in no way affect the validity of the other stipulations.
The non-application by FLAASH or the Customer of any of the stipulations of these GTC does not imply a waiver on its part to invoke them at any time and does not affect the validity of all or part of these conditions.
Neither party shall be liable to the other for non-performance or delay in performance of any obligation under this contract due to the occurrence of an event of force majeure as generally recognized by jurisprudence.
FLAASH reserves the right to modify these GTC at any time by publishing a new version on its Website. The applicable GCS are those accepted by the Customer/User at the time of the Order.
Any dispute relating to the interpretation and execution of these GTC shall be governed by French law.
These GCS are written in French. Should they be translated into several languages, only the French text will prevail in the event of a dispute.
Failing amicable resolution, any dispute relating to the conclusion, interpretation, performance or termination of these GTS and/or a Subscription shall be referred to the Courts of Bordeaux, which shall have exclusive jurisdiction, regardless of the terms of payment accepted, even in the event of a warranty claim or multiple defendants, notwithstanding any clauses to the contrary.