General terms and conditions of sale and use

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These general terms and conditions of sale and use are dated: January 04, 2023

  1. DEFINITIONS 

Besides the terms defined elsewhere in this document, the terms and expressions listed below, and of which the first letter will appear in capital, will have the following meaning. These terms shall have the same meaning whether they are written in the singular or the plural.

  1. PURPOSE AND ENFORCEABILITY

The present General Conditions aims at defining the contractual relations between MARK COPY and the Client as well as the conditions and the features of MARK COPY’s Solution.

The General Conditions must systematically be addressed to the Clients prior to their access and use the Services. The General Conditions apply exclusively to all uses and Orders placed on the Website and prevail over all other conditions, except those that have been expressly accepted by MARK COPY. Consequently, all other conditions will only bind MARK COPY after written confirmation by its representative.

IMPORTANT: NOTE TO CLIENTS

ANY ORDER FROM THE WEBSITE IMPLIES THE CLIENTS’ EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THE GENERAL TERMS.

BY CHECKING THE BOX: "I accept these General Terms and Conditions of Sale and Use” AND BY ACCEPTING THEM WHEN ACCESSING THE WEBSITE AND/OR ACTIVATING THE SERVICES, THE CLIENT ACKNOWLEDGES THAT HE IS BOUND BY THE ENTIRE GENERAL TERMS AND CONDITIONS OF SALE AND USE.

  1. DESCRIPTION OF SERVICES

MARK COPY allows Clients to subscribe to a Solution on the Website allowing them to have access to a personalized Content writing tool based on artificial intelligence.

This content writing tool consists in assisting Clients in the creation of new texts based on the field of referencing and optimization for search engines. 

Clients with an Account can place an Order for a Solution on the Website and have access to additional services, including:

  1. SERVICES

  1. Description of the offer

The characteristics of the Solution offered by MARK COPY are those appearing on the Website on the day of the Order.

The offers of Solution are valid as long as they are visible on the Website, subject to the availability of the Solution at the time of the reception of the Order by MARK COPY.

Moreover, as the Solution may be subject to evolutions, MARK COPY reserves the right to modify the specifications, features and content of the Solution, for any reason whatsoever, or to stop offering the Solution. These modifications and/or withdrawals may occur at any time without notice, including after the placing of its order by the client if these changes result from the application of standards, texts or regulations whatsoever that might apply to the Solution, without MARK COPY's responsibility being engaged.

  1. Features of the Solution

The Solution allows the generation and publication of Content, made from a Model created either for general usage (self-serve) or in a format custom-made to the Client’s specifications (custom solution).

The Solution includes access to the Model through the Website and the generation of customized Content.

The implementation of the Solution is composed of the Configuration and the Subscription.

The Self-Serve Solution provides:

The Configuration provides a Model to the Client and includes:

The Subscription gives access to Credits allowing the generation of Contents.

The Solution can optionally include, upon prior quotation of MARK COPY, a training to the tool of creation of Contents proposed by MARK COPY.

MARK COPY undertakes to make available on the Website the essential characteristics of the Solution and the mandatory information that the Client must receive under the applicable law. This presentation can be modified and/or updated on the Website.

The Client undertakes to read this information carefully before placing an Order on the Website.

The Solution and the Models comply with the European legislation in force and the standards applicable in France.

  1. Ordering process of the Solution

4.3.1. Clients wishing to place an Order warrant that they are acting in their personal capacity, on their own behalf, are 18 years of age or older, are fully entitled to place the relevant Orders and to use the relevant means of payment, and that such means of payment provide access to sufficient funds to cover all costs resulting from the Order of the Solution.

MARK COPY reserves the right to refuse the Orders of any Client in case of (i) unavailability of the Solution selected by the Client in his Order, (ii) existence of a dispute between the Client and MARK COPY as to a previous Order and/or payment of MARK COPY invoices, (iii) abusive or inappropriate behavior (Order in abnormal quantity, etc).

4.3.2. In order to place an Order, the Client selects the Solution to which he wishes to subscribe, fills in the various fields of the order form (surname, first name, postal address, e-mail address, date of birth, telephone number).

The Client may modify the Order and correct any errors in the list of Services before confirming the Order.

The Client confirms acceptance of the Order by checking the box to validate these General Conditions and then clicking on the validation button.

4.3.3. Once the Client has accepted these General Conditions and validated the Order, the Client shall enter the payment method and proceed with the payment of the Order in accordance with the terms and conditions set forth in Article 6. 

Upon receipt of payment for the Order, MARK COPY shall send the Client an Order confirmation by electronic mail, summarizing the essential characteristics of the Service(s) ordered, the total price, the Order tracking number as well as any other element that may be relevant.

This confirmation entails the conclusion of the contract between the Client and MARK COPY and commits them irrevocably.

Any Order will be the subject of an invoice which will be addressed to the Client by electronic mail.

Any Order carried out is firm and final with the validation of the order by the Client. From then on, the Order cannot be modified or cancelled.

  1. SUBSCRIPTION

  1. Trial period 

MARK COPY may, where appropriate and at its sole discretion, offer to accompany the Subscription with a free trial for a limited period of time not to exceed three (3) months.

If the Client has provided billing information when registering for a free trial, the Client will not be billed by MARK COPY until the expiration of the free trial. On the last day of the trial period, unless Client cancels its subscription to the Subscription, Client will automatically be charged the fees applicable to the type of Solution selected.

At any time and without notice, MARK COPY reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

  1. Subscription period 

The Self-Serve Solution is offered in the form of either a monthly, quarterly or annual Subscription. The Client is free to select one of these.

 The Solution is offered in the form of an annual Subscription, for a period of twelve (12) months from the date of the Order.

The Subscription gives access to Credits allowing the generation of Content.

For the Solution, the number of Credits available to the Client is determined jointly by the Client and MARK COPY according to the quantity and length of Content to be generated over a period of one (1) month by the Client. 

For the Self-Serve Solution, the number of Credits available to the Client is determined by the number of credits indicated on the pricing page for the selected plan at the time of the placed order.

The Credits’ validity is limited to one (1) month period from their supply to the Client.

Unused Credits during the month will be lost and will not be refunded or paid under any circumstances. Credits have no monetary or other value outside the Website and cannot be exchanged for cash.

At the end of each period, the Subscription will automatically be renewed under the same conditions. 

In the case of the Solution, the Subscription may be terminated at the end of each period by either Party with thirty (30) days notice by sending an email to the following address: contact@markcopy.ai.

In the case of the Self-Serve Solution, the Subscription may be terminated at the end of each period by either Party without any conditions.

  1. FINANCIAL CONDITIONS

  1. General provisions

The price of the Solution is the one currently indicated at the time of the Order by the Client.

Prices are displayed on the Website and are expressed in euros (€) excluding taxes.

The prices include the TVA applicable on the date of the Order. Any change in the applicable rate may be reflected in the prices of the Solution after the effective date of the new applicable rate. In this case, MARK COPY will inform the Clients.

The price of the Solution includes: 

The price of the training to the Solution will be separately estimated, in the case where the Client would subscribe to such option.

  1. Price of the Configuration

The price of the Configuration depends on the number of Models to be trained and their complexity.

The price of the Configuration will be determined on an estimate communicated by MARK COPY to the Client. 

  1. Price of the Subscription

The price of the Subscription is made up of the number of Credits used by the Client during the month when using the Solution.

The price of a Credit will be determined on estimate communicated by MARK COPY to the Client and depends on the complexity of the Model used and the average quantity of Contents produced during the use of the Solution.

The amount of the Subscription is due monthly on the anniversary date of the Order.

  1. Payment method

The payment is made exclusively on the Website.

The Order is payable by credit card (credit card, Visa card, Discover Card, Mastercard, American Express). 

Confidential data such as the sixteen (16) digit credit card number as well as the expiration date, the CVV code are directly transmitted encrypted on the bank's server and MARK COPY does not have access to these data. The bank will collect and keep all the transactions made by the clients.

MARK COPY will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the Website. It is for this reason specified that all information relating to payment provided by the Client on the Website are transmitted to the payment providers of MARK COPY and are not processed on the Website.

The Client undertakes to be the authorized holder of any credit/debit card or means of payment that he/she will use for the payment of the Orders and that this means of payment gives access to sufficient funds to cover the amount of the purchase.

Upon receipt of the Order, a request to debit the bank account will be sent to the paying organization. The Order will be validated upon receipt of the right to debit the account by the paying organization. In the event of payment by credit card, the Client will be debited with the amount defined at the time of validation of the payment.

In case of refusal of the transaction, the Client’s Order will be automatically cancelled.

MARK COPY shall not be held responsible in case of fraudulent use of the payment methods used.

  1. Invoices

The sums paid by the Client are subject to invoices issued by MARK COPY.

The invoices are established in the Client’s name and are sent monthly by electronical mail to the address given by the Client at the time of his Order.

Whatever the method of Order and the method of payment, the invoices are sent at the time of the confirmation of the Order by electronic electronical mail as an attachment in PDF format to the Client at the electronic address given at the time of the creation of his Account and are available at any time for consultation and downloading from the Website via the Account.

  1. LIABILITY OF MARK COPY

Except as expressly provided, the Solution developed by MARK COPY is provided “AS IS” and MARK COPY expressly disclaims all warranties and representations of any kind, including any warranty of functionality or quality. In particular, the Client acknowledges that MARK COPY's Solution integrates solutions developed by its suppliers and that MARK COPY shall not be held responsible for delays, failures, interruptions or service failures related to these third-party solutions.  

Non-performance or bad execution of the Clients’ contractual obligations in particular when placing its Order will not constitute a ground for liability on part of the Client. 

MARK COPY shall not be held responsible or considered to have failed to comply with the General Terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts.

MARK COPY will not be responsible for the Client Content generated by the Solution. The Client is solely responsible for his Content and all activities that occur on his Account.

In particular, MARK COPY cannot be held responsible for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is the responsibility of the Client to take all appropriate measures to protect their own data and/or software, in particular from contamination by any viruses circulating on the Internet.

It is also specified that MARK COPY does not control the websites that are directly or indirectly linked to the Website. Consequently, it excludes any responsibility for the information published there. The links to third party websites are provided for information purposes only and no guarantee is given as to their content.

In general, in the event that a Client does not comply with these General Conditions, the Client acknowledges and accepts that he is solely responsible for any direct or indirect damage resulting from this towards MARK COPY.

  1. OBLIGATIONS OF CLIENT

Clients agree to abide by these General Terms and to use the Website in accordance with the instructions of MARK COPY.

Clients agree to comply with their financial obligations.

Clients agree that they will use the Website only for their own use in accordance with these General Terms. In this regard, Clients agree to refrain from:

The Client warrants that:

In case of non-compliance with the obligations arising from the acceptance of the present, incidents of payment of the price of an Order, delivery of erroneous information at the creation of the Account, fraudulent, abusive or otherwise illegal activity or acts likely to harm the interests of MARK COPY, MARK COPY reserves the right to suspend without notice access to the Website and / or the account or, depending on the seriousness of the Clients infringement, to delete the account of the Client without that damages can be claimed and take all measures including any legal action civil and criminal against him.

  1. ACCESS TO THE WEBSITE

To use the Services, it is necessary that Clients:

Clients warrant that they have full legal capacity to register and use the Services and in particular:

MARK COPY will not be held responsible in case of registration and use of the Services by persons not answering the conditions envisaged in this article.

  1. ACCOUNT CREATION

  1. Création of an account

To benefit from the Services, the Client will be invited to create a personal Account on the Website.

This creation will require the provision by the Client of a professional e-mail address and a password.

In order to validate the registration, MARK COPY will send the Client a confirmation e-mail to the e-mail address provided by the Client.

The Client will proceed to the activation of his account by clicking on the hypertext link provided in this confirmation e-mail.

The Client’s data communicated to MARK COPY are accessible to the Client at any time from his Account by clicking on the home page of the Account and then in the tab " Informations".

Only the Client has access to his Account.

  1. Communicated information

MARK COPY reserves the right to verify the conformity of the information and documents transmitted to allow access to the Services.

Each Client guarantees that the data and documents communicated are sincere, exact and in conformity with reality and are not vitiated by any misleading character. The Client undertakes to provide a valid e-mail address and telephone number and ensures that he/she is the sole owner of these.

The Client undertakes to provide true, accurate, up-to-date and complete information, in particular relating to his identity, in accordance with Article 6-II of Law No. 2004-575 of June 21, 2004 “sur la confiance dans l’économie numérique” (law known as "LCEN"). Consequently, he undertakes not to create a false identity of a nature to mislead MARK COPY or third parties and not to take upon the identity of another legal or physical person.

The Client also undertakes not to transmit information that could infringe third parties’ rights (in particular use of the patronymic name, pseudonym, a trademark registered by a third party, or works protected by the right of intellectual property) and /or good morals.

It is the Client’s responsibility to communicate any change in his personal information. To do this, the Client must go to his Account and modify his data.

MARK COPY does not have control over the accuracy or reliability of information provided by the Client and therefore cannot be held responsible for the consequences resulting from the provision of incomplete or erroneous information.

In the event that the Client provides false, inaccurate, erroneous, outdated, incomplete or misleading information, MARK COPY reserves the right to refuse access to the Website and/or Services to Clients who do not comply with the conditions set out above. In addition, MARK COPY's responsibility can in no case be sought in case of non-performance and/or partial performance of the services related to the provision of information of this nature.

  1. Account security 

The Account is protected by identification elements, an identifier (electronic address) and a password.

If a Client has lost or forgotten his or her password, he or she has a function on the Website that allows him or her to reset it by clicking on the "Forgot Password" tab.

The Client's password is personal and confidential. The Client undertakes to ensure the confidentiality of his password. In this respect, the Client undertakes to keep it secret and not to disclose it in any form whatsoever. The Client is solely responsible for all connections made using his login and password.

MARK COPY encourages Clients to use "strong" passwords, mixing numbers, letters and symbols as well as upper and lower case letters.

If any of the elements of the Login Details are lost or stolen, the Client must inform MARK COPY without delay, which will then proceed to the cancellation and/or the update of the concerned Login Details.

Client must ensure, at the end of each session, that it has effectively disconnected from the Website, in particular when accessing the Website from a public computer.

In case of suspicion of fraudulent use of his Account by the Client, the latter must notify MARK COPY as soon as possible at the following address: contact@markcopy.ai so that it can take all measures to remedy the situation. 

MARK COPY will not be held responsible for any usurpation and/or fraudulent use of an Account in case of unauthorized, fraudulent or abusive use or due to a voluntary or involuntary disclosure by the Client to a third party who would have accessed the Website with his identification elements. The Client remains solely responsible for the use that could be made of his Account by a third party who would have accessed the Services with his identification elements.

It is specified that in case of violation of these terms by the Client, MARK COPY may freely refuse the opening of an Account to the Client concerned.

  1. ACCESS AND AVAILABILITY OF THE WEBSITE

The Website is accessible seven (7) days a week and twenty-four (24) hours a day. However, because of the access to the Website via Internet, MARK COPY does not guarantee an operation and an access to the Website, 7 (seven) days on 7 (seven) and twenty-four (24) hours on twenty-four (24).

MARK COPY reserves the right to interrupt the operation of the Website at any time, with or without notice, in particular in order to ensure the corrective and evolutionary maintenance of the Website, or to change the content or presentation and/or for any other legitimate reason. As much as possible, MARK COPY will inform the Clients before a corrective or evolutionary maintenance operation. 

In addition, Clients acknowledge that the Website may be interrupted for reasons beyond the control of MARK COPY and that MARK COPY cannot therefore guarantee continuous access to the Website.

In any event, MARK COPY shall not be liable for any interruption and/or malfunction of the Website, regardless of the cause. 

Clients are invited to inform MARK COPY of any technical problem they encounter during their navigation and/or use of the Website by writing to the following address and describing the problem encountered: contact@markcopy.ai

Finally, MARK COPY reserves the right to change the Website and/or the Services, particularly for technical or commercial reasons. When these modifications do not alter the conditions of the Services, in a substantial and/or negative way, the Clients can be informed of the intervening modifications, but their acceptance is not requested.

  1. DESACTIVATION OF THE ACCOUNT

  1. Deactivation of the account

The Account remains active as long as the Client does not deactivate his account and comply with these General Terms.

However, any Account of a Client totally inactive in a continuous way during three (3) consecutive years will be, subject to the application of legal or statutory provisions, archived by MARK COPY and will not be available any more on the Website.

The Client retains the possibility to deactivate, without reason, at any time his Account and/or to delete it.

To do so, the Client must send an electronic mail to the following address: contact@markcopy.ai requesting the deactivation of his Account. A copy of his identity card may be requested in order to avoid any risk of identity theft.

The deletion of an Account is permanent, the Account being deleted in an irreversible way, the personal data linked to it are automatically deleted and cannot be recovered. However, it is expressly agreed that certain personal data related to the Account will be preserved for legal reasons (and in particular accounting) and this, in accordance with the Policy of confidentiality of MARK COPY accessible on the Website.

The deletion of an Account does not prevent Clients from re-registering and creating a new Account.

  1. Suspension of the Account in case of default

In case of non-compliance with the obligations arising from the acceptance of these General Conditions, incidents of payment of the price of an order, delivery of erroneous information at the creation of the account or acts likely to harm the interests of MARK COPY, the latter reserves the right to suspend without notice the access to the Website or, depending on the seriousness of the acts, to delete the Account of the Client without that damages and interests can be claimed.

MARK COPY will inform the Client by electronic mail of the suspension and/or deletion of his Account.

In case of fraud, the fraudulent Account will be subject to immediate suspension or termination at MARK COPY's sole discretion. MARK COPY will submit any information regarding the fraudulent Account, if necessary, to local authorities and/or financial institutions.

It is expressly agreed that in the event of suspension or termination of the Account, the Client will no longer be able to access the Services, unless a new Account is created. 

When MARK COPY revokes the suspension or termination of the Account, it will reinstate the Client without undue delay, including restoring access to the data that resulted from the use of the Account before the suspension or termination took effect.

  1. INTELLECTUAL PROPERTY

13.1. By making its Documentation available to MARK COPY at the time of Configuration, through the Services and/or the Solution, the Clients grants MARK COPY the non-exclusive, transferable, royalty-free right to use, copy, modify, distribute, display the Documentation in connection with the operation and provision of the Services.

The Models generated by MARK COPY on the basis of the Client's Documentation remain the exclusive property of the Client and may not be used by MARK COPY in any manner whatsoever.

The Models generated by MARK COPY on the basis of its own contents and provided to the Client remain the exclusive property of MARK COPY.

13.2. The Website and elements (in particular images, design, text, technology and/or algorithms) displayed on the Website and/or the Services are protected by intellectual property laws and, in particular, by copyright and are the exclusive property of MARK COPY.

Identically, the trademarks, logos, and animations contained on the Website and/or Services are the exclusive intellectual property of MARK COPY.

No provision of these Terms and Conditions can lead to any transfer of intellectual property rights of MARK COPY to the benefit of the Client, regarding the intellectual property elements that can be implemented on the Website.

The Clients commit not to directly or indirectly infringe the intellectual property rights of MARK COPY on the Solution.

In addition, the Clients will not reproduce or use the studies, videos, brands, logos or in a general way of any content of the Website without express, written and preliminary acceptance of MARK COPY.

13.3. Clients undertake, when using the Website, not to violate the property rights and/or personal rights of third parties (including intellectual property rights).

13.4. MARK COPY grants Clients the non-exclusive, non-transferable, royalty-free right to use the Website and/or Services and any associated software, provided that Clients may not - directly or indirectly - copy, modify, create a derivative work of, reverse engineer or assemble or otherwise attempt to obtain the source code (except as provided by law), sell, assign, sublicense or transfer in any way any rights in the Website or Services or associated software.

 

Clients agree not to modify in any way the Website and/or the Services or related software and/or to use modified versions thereof and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the Website and/or the Services. In particular, Clients agree not to access the Services by any means other than the Website.

 

Clients are informed and acknowledge that the Website and/or Services and any software used in connection therewith may contain confidential information or information protected by applicable intellectual property law or any other law. Clients agree not to modify, rent, lease, loan, sell, distribute, or create derivative works incorporating any of this content, in whole or in part, unless they have received prior express permission from MARK COPY. 

 

The Website and/or the Services contain texts, images, and other materials that are the exclusive property of MARK COPY (the "Intellectual Property Elements"). The Elements of Intellectual Property are offered to the Clients for the personal use limited to the Website and/or the Services and within the framework of a normal use of their functionalities.

 

This right of usage of the Elements of Intellectual Property is made on a personal, non-exclusive and non-transferable basis. MARK COPY may revoke this right of usage of the Intellectual Property Elements at any time.

 

Clients undertake not to - directly or indirectly - copy, modify, create a derivative work, reverse engineering or otherwise attempt to locate the source code (except as provided by law), selling, assigning, sublicensing or otherwise transferring any rights in the Intellectual Property Elements. The Clients undertakes not to modify the Intellectual Property Elements in any way.

 

In the event of non-conforming or abusive use of the Elements of Intellectual Property, MARK COPY reserves any right to stop the infringement of its intellectual property rights and to de-register and/or deactivate the Accounts of the Clients under the conditions of the article 12 above.

  1. PERSONAL DATA

In accordance with the amended law n°78-17 of 6 January 1978 relating to information technology, files, and freedoms, known as the "Loi informatique et Libertés", and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR"), Clients are informed that MARK COPY carries out automated processing of their personal data for the purpose of using the Services, processing and managing commercial relations and Orders.

This data can be transmitted to subsidiaries and/or companies controlled by MARK COPY and to subcontractors who contribute to these relations for their management, execution, treatment and payment.

Each Client has the right to access, modify, rectify, limit, port and delete data concerning him/her, as well as the right to object to the treatment of his personal data.

To this end, they should contact the support department by electronic mail at the following address: contact@markcopy.ai

Clients understand that, as regards rectifications and updates of data relating to their Account, they make the necessary changes and deletions directly on their own Account.

For more information, MARK COPY Clients can refer to the Privacy Policy accessible on the Website under the "Privacy Policy” section.

The said policy is an integral part of the General Conditions. Acceptance of the General Conditions implies acceptance of the related Privacy Policy.

It is specified that the privacy policy is compliant with the GDPR.

  1. LINKS AND THIRD PARTY WEBSITE 

When using the Website, the Clients can access to various links directing them towards third website and in particular towards partner website.

MARK COPY can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties to which the Client would have access through the Website.

MARK COPY does not assume any responsibility for the contents, advertisements, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.

MARK COPY is not responsible for transactions between the Client and any advertiser, professional or merchant to which the Client would be directed through the Website and shall in no case be party to any possible disputes with these third parties, including the delivery of products and / or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.

  1. PUBLICITY

MARK COPY reserves the right to insert on any page of the Website and in any communication to Clients advertising or promotional messages in a form and under conditions that only MARK COPY decides.

The Client accepts consequently the display of such messages on the Website.

In its capacity as publisher of the Website, MARK COPY is free to market the advertising spaces of the Website to advertisers of its choice. The Client recognizes that he has no right on these advertising spaces and refrains from any request or action in this regard.

  1. FORCE MAJEURE

MARK COPY shall not be held responsible or considered to have failed to comply with the General Terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts. 

Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code. 

In case of occurrence of one of the above-mentioned events, MARK COPY will try to inform the Client as soon as possible.

  1. MISCELLANEOUS

  1. Modification

MARK COPY reserves the right to modify, at any time, the present General Conditions, in order to take into account any legal, jurisprudential, editorial, functional and/or technical evolution.

The version of the General Conditions which prevails is that which is accessible online at the day of the validation of the Order.

Any Order placed by the Client after the publication of the modified General Conditions shall be deemed to constitute acceptance by the Client of the new General Conditions.

  1. Partial invalidity

In general, if one or more of the clauses or stipulations herein are held to be invalid or declared null and void or unenforceable by law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.

  1. Evidence

The files, data and messages recorded in the computer systems of MARK COPY will be accepted as proof of the acts and facts occurring between MARK COPY and the Clients.

The conservation of the registers will be presumed, except contrary proof, to have taken place in reasonable conditions of safety if the messages, data and other documents are systematically recorded on a reliable and durable support.

  1. APPLICABLE LAW - JURISDICTION

The General Terms are subject to French law. In case of dispute, only the French courts will be competent.

For any difficulties and/or questions regarding the Solution and/or the Order, Clients are invited to contact the client service department in order to try to find an amicable solution by email at the following address: contact@markcopy.ai.

In the event of a disagreement between the Client and MARK COPY, the Client must inform MARK COPY by means of a registered letter with acknowledgement of receipt. Upon receipt of said letter, and within a period of fifteen (15) days, MARK COPY shall propose an amicable solution to the dispute. If this attempt fails or if there is no response, the Client may bring its dispute before the competent courts.

The Client and MARK COPY therefore undertake to follow the amicable settlement procedure before bringing the matter before the courts, this attempt at mediation being a condition of admissibility for any legal action.

ANY DISPUTE RELATING TO THE VALIDITY, PERFORMANCE AND/OR INTERPRETATION OF THE GENERAL TERMS OR THOSE THAT WILL FOLLOW OR RESULT FROM IT SHALL BE SUBJECT TO THE JURISDICTION OF THE CRETEIL JURISDICTION, EVEN IN THE EVENT OF APPEAL OR MULTIPLE DEFENDANTS.

Mark

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