These general conditions define the conditions and legal obligations related to the subscription of the services offered and provided by the company Personaliz SAS from the personaliz.io website.
Any use and/or recourse to the services offered by the company to users imply the unreserved acceptance of these general conditions. The mere fact of using said services entails the outright acceptance of these general conditions, which the user of the website expressly declares and acknowledges.
The use of the service and of the website is exclusively reserved for persons capable of entering into contracts under French law.
This states, it was agreed the following:
In these T & Cs, it is agreed that the following expressions or words, whether used in the singular or in the plural, will have the following meaning:
The purpose of the contract is to define the terms and conditions applicable to the Services ordered by the Customer. Personaliz consents to the Client, who accepts:
The Customer wishes to benefit from the Software and acknowledges having received from Personaliz all the necessary information enabling him to assess the suitability of the Software to his needs and to take all the necessary precautions for its use. However, as an IT professional and within the framework of its obligation to provide advice, Personaliz will provide the Customer with any recommendation necessary to optimize their choices and provide the most appropriate coverage of their needs.
These General Conditions of Use define the rights and obligations of the parties within the framework of the use of the Software and are the basis of the contractual relationship between the User and Personaliz.
They supplement any Order Form signed by the Customer for the subscription of additional Services, which constitute the entire existing commitments between the Parties. It replaces and cancels any previous oral or written commitment relating to the subject of the Contract.
It is formally agreed between the Parties that any tolerance or waiver of one of the Parties, in the application of all or part of the commitments provided for in the Contract, whatever the frequency and duration, may not constitute modification of the Contract, nor be capable of creating any right.
Prior to the validation of his User Account, the User expressly acknowledges having read these T & Cs as well as the various documents to which they refer and accept them without reservation, as soon as he creates an account on app.personaliz.io.
By signing up, the User acknowledges having read these T & Cs, being of legal age and having the legal capacity to enter into contracts under French law or that he has the authorization of the authorized person.
The Company reserves the right to ask the User for proof of his age.
The User of the Platforms hereby declares that he has proceeded, prior to browsing the Platforms and to his use of the Services, to verify the suitability of the Services to his needs.
He thus declares and guarantees that he has received from Personaliz all the information and advice he needs to subscribe to these T & Cs and that he therefore waives any dispute on this point.
The User further declares that he has the knowledge, skills and resources, particularly human and technical, required for the use of the Platforms Services.
These T & Cs are applicable from the day the User’s User Account is created and for the duration of the User’s browsing and access to the Platforms and for the duration of use of the Services by him.
The User is informed that the T & Cs may be updated at any time under the conditions of article 19 hereof and will be enforceable against him as soon as they are put online.
These T & Cs were updated on 03/11/2020.
Personaliz makes available to the Customer the Software accessible online on its server via the Internet network and grants the Customer the right to use the Software non-exclusively with an availability rate of at least 85 % determined on a monthly basis and not including maintenance work of no more than 24 hours per month.
Personaliz ensures the hosting of the Data, the maintenance and the security of the Software. The services are provided in accordance with the “rules of the art” and in accordance with the rules of use of the Software available on request.
Since Personaliz cannot be held responsible for network line interruptions, it draws the Customer’s attention in particular to the importance of the choice of the operator’s products and in particular of the back-up option that it can offer by setting up in place of a parallel line in the event of a network interruption.
The Customer has an access right for the number of users provided. He can connect at any time – with the exception of maintenance periods -, namely:
Access to the Software is made from any computer means connected to the Internet network and by means of the identifiers – user and modifiable passwords – provided to the Customer.
The Customer is fully responsible for the use he makes of the Platforms, and undertakes to expressly and immediately disclose any potential loophole that Personaliz may have, under penalty of penalties. In the event of misuse of the Service, Personaliz reserves the right to suspend the Customer’s account at any time, and to initiate possible legal proceedings against him.
The Identifiers are intended to reserve access to the Software, subject of the Contract to Customer Users, to protect the integrity and availability of the Software, as well as the integrity, availability and confidentiality of Customer Data as transmitted by the users.
Identifiers are personal and confidential. They can only be changed at the Customer’s request. The Customer undertakes to make every effort to keep the Identifiers concerning him secret and not to disclose them in any form whatsoever.
The Customer is entirely responsible for the use of the Identifiers and he is responsible for the custody of the access codes given to him. He will ensure that no other person not authorized by Personaliz has access to the Application Services and the Software. In general, the Customer assumes responsibility for the security of the individual stations accessing the Software. In the event that he has knowledge of what another person is accessing, the Customer will inform Personaliz without delay and confirm it by registered mail. In the event of loss of one of the identifiers, the Customer will use the procedure put in place by Personaliz allowing him to recover his identifiers.
In accordance with Articles L.121-21-3 et seq. Of the Consumer Code, the User has a period of 14 (fourteen) days to exercise his right of withdrawal.
The User will not be obliged to justify the exercise of his right of withdrawal nor is he required to pay penalties in this regard.
To be valid, the exercise of the right of withdrawal must be expressed by a withdrawal form provided or by an unambiguous declaration expressing its desire to withdraw, sent by email to the address firstname.lastname@example.org.
In accordance with article L221-25 of the Consumer Code, the User who expressly requests the performance of a service before the end of the 14-day period may exercise his right of withdrawal. Nevertheless, in such a case, Personaliz may demand payment of the amount corresponding to the service provided until it has communicated its decision to withdraw, provided that Personaliz has received its express request.
However, certain services listed in article L221-28 of the Consumer Code cannot be the subject of a right of withdrawal on the part of the User, in particular when the provision of the services has been fully performed before the end of the withdrawal period. In such a case and provided that the consumer has previously and expressly waived his right of withdrawal by the opt-in system, he will no longer be able to withdraw.
The User must therefore express his consent by opt-in by checking the following box before validating the order for Credits and / or online subscription on the Platforms:
“I expressly and irrevocably agree to waive my right of withdrawal provided for by articles L 121-21-3 et seq. Of the Consumer Code in order to be able to immediately benefit from the service ordered from the Company before the end of the legal period of withdrawal”.
The Customer is informed of the technical risks inherent in the Internet, and of the interruptions of access which may result therefrom. Consequently, Personaliz will not be held responsible for any unavailability or slowdown of the Application Services.
The Platforms and the Software may occasionally be suspended due to maintenance operations necessary for the proper functioning of Personaliz's servers. In the event of an interruption of the Services for maintenance, Personaliz undertakes to inform the Customer so that he can make his arrangements sufficiently in advance to avoid any disruption of his activity. Personaliz cannot be held responsible for the possible impact of this unavailability on the Client’s activities.
Personaliz grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the Software, throughout the term of the Contract and for the entire world.
The Customer may only use the Platforms and the Software in accordance with its needs and their documentation. In particular, the license relating to the Software is only granted for the sole purpose of allowing the Customer to use the Services, to the exclusion of any other purpose.
The right of use means the right to represent and implement the Platforms in accordance with their destination, in SaaS mode via a connection to an electronic communications network. The Customer may not under any circumstances make the Software available to a third party, and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
From the purchase of Credits by the Customer on the Platforms, each Credit may be used personally by the User for the following period:
in case of monthly subscription (after the 4 of January 2021 ): The credit will be rolled over as long as your subscription duration. Once the period of subscription is over, the number of credits will be renewed to 0.
in case of annually subscription: The credits have a one year duration. Once the period of subscription is over, the number of credits will be renewed to 0.
in case of purchase of a Credit pack: 3 months duration
Credits are not refundable, exchangeable or fungible and have no financial or monetary value and cannot be considered and / or qualified as electronic money.
Credits are not transferable from one account to another, except with the express and prior agreement of Personaliz.
You will comply with your obligations under this Agreement.
You will not, and you will ensure anyone accessing your account on the Platforms will not:
Any breach of this clause constitutes a breach of this Agreement and we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Platforms or the Services, and/or take further actions against you for breach of this Agreement.
You will procure all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Services.
If we are delayed or impeded or obliged to spend additional time or incur additional expenses in the performance of any of our obligations under this Agreement, by reason of your acts or omissions or failure to provide information or instructions or perform your obligations under this Agreement, then we may, in our sole discretion, temporarily disable your access to the Services.
It is your obligation to ensure that the Key Terms, invoice or any other written notification we send to you confirming the terms of this Agreement, correctly states the information set out in them and if that information changes during the period of this Agreement, you must write to us to request a change to them.
Any use of your account is subject to your sole responsibility. You will not access and use the Services (that includes guiding our AI to create emails) for any illegal, harmful, fraudulent, offensive purpose or to transmit, store, display, distribute or otherwise make available content that is infringing upon any third party rights, illegal, harmful, supportive of or promoting violence or violent extremism, advocating hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment, indecent, obscene, defamatory, libelous, harassing, threatening, fraudulent, offensive, enables online gambling or inconsistent with the generally accepted practices of the Internet community, including without limitation promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, spamming, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, and use of content or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms or time bombs.
Also, we are not responsible for the content our AI creates.
It is your responsibility to abide by the terms of this Agreement. We reserve the right to disable access to the Platform if we become aware of your breach of this term.
We will monitor your usage of our Services and reserve the right to ban or freeze accounts where it is found that you are not fairly using the Services.
Examples of breach of the fair use includes : Using our services to harass people online.
Personaliz takes care of the assistance and maintenance of the Software.
Reports of serious anomaly must be confirmed by email without delay directly to Personaliz at email@example.com. Personaliz will diagnose the anomaly and then implement its correction as soon as possible.
Personaliz does not guarantee the correction of anomaly in the following cases:
Customer’s refusal to collaborate with Personaliz in resolving anomalies and in particular to respond to questions and requests for information;
use of the Services in a manner inconsistent with their intended purpose or with their documentation;
unauthorized modification of the Software by the Customer or by a third party;
failure of the Client to fulfill its obligations under the Contract;
implementation of all software packages, software or operating system not compatible with the Platforms
failure of electronic communication networks;
willful act of degradation, malicious intent, sabotage;
deterioration due to force majeure or misuse of the Application Services.
The Customer benefits from updates and functional evolutions of the Application Services. Personaliz undertakes to transmit updated documentation for new versions of the Software. Corrections and changes to Application Services are expressly included in the Contract.
If the Data transmitted for the purpose of using the Services include personal data, the Customer guarantees to Personaliz that it has fulfilled all the obligations incumbent on it under the terms of the law of 6 January 1978 known as “Informatique &” Freedoms ”and of Regulation No. 2016/679, known as the general data protection regulation. And that it has informed the natural persons concerned of the use which is made of said personal data. As such, the Customer guarantees Personaliz against any appeal, complaint or claim from a natural person whose personal data is reproduced and hosted via the Application Service.
Every email generated using our services is guaranteed to be stored during 30 days, than we reserve ourself the right to delete any email for ecological and economic reasons.
The Customer assumes any editorial responsibility for the personal use of the Services and the Data used or extracted via the Platforms.
The Client is solely responsible for the quality, legality and relevance of the Data and content that he transmits for the purposes of using the Application Services. He also guarantees that he owns the rights, in particular the intellectual property right, allowing him to use the Data. Consequently, Personaliz declines all responsibility in the event of non-compliance of the Data and / or content with laws and regulations, public order or even the needs of the Customer. The Customer guarantees Personaliz at first request against any prejudice resulting from its being called into question by a third party for a violation of this guarantee.
More generally, the Customer is solely responsible for the content and messages disseminated and / or downloaded via the Platforms.
Each of the Parties undertakes to implement the appropriate technical means to ensure the security of the Data.
Subject to the “Liability” Article, Personaliz undertakes to preserve the integrity and confidentiality of the Data contained in the Software. Personaliz will put in place technical and organizational measures to prevent any access or fraudulent use of the Data and to prevent any loss, alteration and destruction of the Data.
The financial conditions (prices) are set out in the Order Form validated by the Customer for each order made on the “ Payment Page ” of the Site.
The price of each Service is indicated in euros and is understood to be exclusive of tax and costs.
The address and billing data are provided by the Customer.
Notwithstanding the duration of the engagement, the Services are invoiced by Personaliz.
As part of the subscription, the Services are payable in arrears by direct debit or by transfer.
Each subscription taken out by the Customer allowing access to the Services provided by Personaliz is renewable by tacit agreement for the duration provided for in the Order Form, unless terminated by email to the address firstname.lastname@example.org at least 1 (one) to months before it expires.
Without prejudice to any damages and interest, the non-payment by the Customer of an invoice from Personaliz when it is due automatically entails:
the application of late interest equal to three times the legal interest rate, without prior notice and from the tenth day of delay;
additional banking and management costs (follow-up of collection, follow-up letters and telephone costs, representation of bank direct debit rejections);
immediate suspension of the Services;
the automatic termination of the Contract within 15 days after the sending by Personaliz or its reseller of a formal notice by registered letter with acknowledgment of receipt remained unsuccessful.
Upon subscription to the Service, the Client makes immediate payment. Otherwise, Personaliz reserves the right to immediately suspend access to the Services .
The Customer is and remains the owner of all the Data that he downloads into the Platforms (ascending download) within the framework of the Contract.
Personaliz is and remains the owner of the property rights relating to any element of the Services, the Software and the Personaliz Platforms and Database made available to the Customer, as well as more generally the IT infrastructure (software and hardware) provided. implemented or developed under the Contract.
The Customer agrees not to reproduce any element of the Software, the Platforms and the Personaliz Database, or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
The Customer may not assign all or part of the rights and obligations resulting from the Contract, whether within the framework of a temporary assignment, a sub-license or any other contract providing for the transfer of said rights and obligations.
Customer Data is stored on Google Cloud servers (in London and Belguim buckets)
Personaliz declares and guarantees:
that the Software he has developed is original within the meaning of the French Code of Intellectual Property,
that he is the holder of all the intellectual property rights which allow him to conclude the Contract.
Personaliz declares and guarantees that the Software is not liable to infringe the rights of third parties.
17.Liability – Force majeure
Each Party assumes responsibility for the consequences resulting from its faults, errors or omissions, as well as faults, errors or omissions of any subcontractors and causing direct damage to the other Party.
In addition, and in the event of fault proven by the Customer, Personaliz will only be liable for the compensation of the pecuniary consequences of direct and foreseeable damage as a result of the performance of the Services. Consequently, Personaliz may not under any circumstances incur liability for indirect or unforeseeable losses or damages of the Customer or of third parties, which notably includes any missed gain, loss, inaccuracy or corruption of files or Data, commercial damage, loss turnover or profit, loss of goodwill, loss of opportunity, cost of obtaining a substitute product, service or technology, related to or arising from non-performance or faulty performance of services.
In all cases, the amount of Personaliz's liability is strictly limited to the reimbursement of the amount of the sums actually paid by the Customer on the date of occurrence of the event giving rise to liability, per user station, per day of interruption on the average of consumption of the last 6 months.
Personaliz can not, moreover, be held responsible for the accidental destruction of the Data by the Customer or a third party having accessed the Application Services by means of the Identifiers given to the Customer.
Personaliz cannot under any circumstances be held responsible for any damage in the event of damage caused by an interruption or a drop in service of the telecommunications operator, the electricity supplier or in the event of force majeure.
The Party noting the event must immediately inform the other party of its inability to perform its service. The suspension of obligations or the delay may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
These T & Cs may be modified at any time on the initiative of Personaliz. Any modification of these T & Cs as well as of the documents referred to therein will be communicated to the Customer when they use the Platforms for the first time after this modification.
The Customer may terminate this agreement by notifying it by email to the address email@example.com or directly from his personal space.
In the event of failure by one of the Parties to fulfill its contractual obligations, the Contract may be automatically terminated by the other Party 15 days after the sending of a letter of formal notice sent by registered mail with acknowledgment of receipt. Without effect. The formal notice will indicate the failure (s) noted.
In the event of termination, the Customer will no longer be able to use his login credentials for the Platforms, the Software and the Services. The reversibility services will be implemented in accordance with article 19 at the Customer’s request.
In the event of termination, Personaliz will not reimburse any payment received under the contract.
In the event of termination of the contractual relationship, whatever the cause, Personaliz undertakes to return or destroy, at the customer’s choice, free of charge at the latter’s first request made by registered letter with acknowledgment of receipt and in within 15 days from the date of receipt of this request, the Data (description of the database available on request from the support) belonging to it in a text format (easily readable by a text editor). This request for restitution must be made within 90 days maximum following the end of the contract.
The Customer will actively collaborate with Personaliz in order to facilitate the recovery of his Data. At the Customer’s request, Personaliz may provide additional technical assistance services to the Customer and / or to the third party designated by him, within the framework of reversibility. These assistance services will be invoiced at the Personaliz rate in force at the time of notification of the reversibility.
The nullity, lapsing, absence of binding force or unenforceability of one or any of the provisions of the Contract does not imply nullity, lapsing, absence of binding force or the unenforceability of the other stipulations, which will retain all their effects. However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation (s).
The Contract is subject to French law, to the exclusion of any other legislation.
For the execution of these presents as well as their consequences, the Parties respectively elect domicile at their registered offices indicated at the head of these presents. Any change in the registered office or the address of one of the Parties shall not be binding on the other Party until eight calendar days after having been duly notified to it.
In order to jointly find a solution to any dispute that may arise in the performance of the Contract, the Parties agree to meet within 15 days of receipt of a registered letter with acknowledgment of receipt notified by the one of the two Parties. IF AT THE END OF A NEW DELAY OF FIFTEEN DAYS, THE PARTIES CANNOT AGREE ON A COMPROMISE OR A SOLUTION, THE LITIGATION WOULD THEN BE SUBMITTED TO THE COMPETENT COURTS OF PARIS