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1. SCOPE OF APPLICATION – OPPOSABILITY
The website acymailing.com is published by the company ALTAVIA JETPULP, a Simplified Joint Stock Company registered with the Lyon Trade and Companies Register under number 419 623 152, with its registered office located at 12-14 avenue Tony Garnier, Building 4C – 69007 Lyon (hereinafter “JETPULP”). JETPULP is part of the ALTAVIA group.
These General Terms and Conditions (GT&C) are automatically applicable to any client wishing to use the Acymailingservice, as described below (hereinafter referred to as the “Client”).
The Client declares to have the legal capacity to enter into a contract with ALTAVIA JETPULP (hereinafter the “Contract”). If the account is created on behalf of a company, the Client declares and warrants to have the authority to enter into the Contract with ALTAVIA JETPULP on behalf of the company. Furthermore, the Client declares and warrants to provide accurate, complete, and up-to-date contact and billing information. In default thereof, JETPULP
may refuse to provide the service and close the Client’s account.
The relations between ALTAVIA JETPULP and the Client is governed by these GT&C, which constitute the legal basis applicable to all services offered by JETPULP on the acymailing.com website. These GT&C prevail over any contradictory provisions, and over any contracts or Client’s purchase terms and conditions.
Points not covered by these GT&C will be subject to the laws and customs of the profession. Placing an order impliesthe full and unconditional acceptance by the Client:
And, only for Clients using the Acymailing sending service:
The GT&C may be modified at any time, provided that any such modification will be notified in writing to the Client, at the email address provided during subscription to the service, with a 30- day notice period. In the event that no request for account deletion is made by the Client during this period, the new revised conditions will take effect immediately from the effective date indicated in the new conditions and will apply to all continued and new use of the service. In the event of deletion of the Client’s account, the annual subscription fees for the license will be refunded pro rata for the remaining period.
2. DURATION
The Contract is effective on the date of subscribing to the service, and expires at the end of an initial term of 12 months. The Client has a right to withdraw within 30 days from the date of subscription to the service. After this period, the initial duration is irrevocable and will not be subject to any refund. Upon expiry, the Contract will automatically renew for an indefinite duration. From the end of the initial term, the Contract may be terminated at any time by either party by a registered letter with acknowledgment of receipt sent to the other party at the latest three (3) months before the termination date, which must be the last day of a contractual month.
3. DESCRIPTION OF THE ACYMAILING SERVICE
The Acymailing service is provided as an annual subscription, allowing the Client to create and edit personalized newsletters by inserting dynamic WordPress content. And, for Clients using Acymailing’s sending service:
ALTAVIA JETPULP provides Acymailing service from the Client’s email databases. The Client assures that it has collected the data of the newsletter recipients in accordance with the applicable data protection regulations and is therefore authorised to send the newsletters to the targeted recipients. Once the Client has subscribed to an annual subscription, his order is considered firm and definitive; No cancellation or request for modification of the order can be taken into account.
4. PRICES AND TERMS OF PAYMENT
The price will consist of the monthly base subscription fee and the price of any additional emails, billed at actual usage. The prices applicable at the time of subscription are those mentioned in the quote from ALTAVIA JETPULP. Prices are stated exclusive of taxes.Prices are subject to revision on each anniversary date of the Contract, provided that a 30-day notice is given before the new price takes effect. This variation cannot exceed 10% of the price of the previous year. If the Client refuses this increase, they may notify ALTAVIA JETPULP in writing with acknowledgment of receipt of their intention to terminate the Contract. If the Client does not contest the new price within the 30-day period from the notification of the change, it is considered accepted.
When the Client subscribes to the service, he agrees to recurring monthly billing, starting from the subscription date. Invoicing occurs on the same day each month, based on the initial date the Client started paying for the service. Payments are due every month on the same date.
Billing Terms: services are invoiced at the end of the term.
Payment Terms: Bank transfer, credit card payment, or direct debit, depending on the option chosen by the Client when
subscribing to the service.
Late Payment: After the due date, the Client will be ipso jure liable to pay an indemnity per day of delay calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points, until the actual date of payment and the totality of the sums due will become immediately payable. The Client have to pay a fixed indemnity for collection costs of forty (40) euros, in accordance with the provisions of article L.441-10 of the French Commercial Code, it being understood that the aforementioned fixed indemnity is without prejudice to the indemnification of other costs that may be incurred by ALTAVIA JETPULP for the purposes of collecting its invoices, by any means whatsoever.
In the event of late payment not remedied within 15 days following written notification, ALTAVIA JETPULP reserves the right to suspend the client’s subscription until payment is received.
5. EVOLUTION OF THE SERVICES
In order to maintain the level of quality and/or the technical performances of the services, or to ensure their evolution, ALTAVIA JETPULP may modify some features of the services, provided that these changes do not alter the essential functions of the service.
6. OWNERSHIP
6.1 JETPULP remains the owner of all property rights related to the service and the acymailing.com website, including but not limited to patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. The Client agrees to respect the exclusive rights related to the service and the website. The Client does not acquire any ownership rights, particularly intellectual property rights, over the methods, techniques, know-how, and programs used by JETPULP to provide the services, and, in general, over JETPULP’s pre-existing rights.
6.2 The Client retains all rights, titles, and interests in the material, content, data, and information (including personal information about themselves and others) submitted to ALTAVIA JETPULP in connection with the use of the service or obtained or accessed by JETPULP based on your instructions or with your authorization (collectively, “Client Content”). Subject to the terms described in these GT&C, the Client grants ALTAVIA JETPULP permission to use or disclose the Client Content (including any personal information associated therewith) only to the extent necessary to provide the service or as otherwise authorized by these GT&C. The Client represents and warrants that: (i) they own or have otherwise obtained all necessary rights, authorizations, and permissions to submit the Client Content to the service and (ii) the Client Content and its use under these GT&C will not violate (1) any applicable law, (2) any intellectual property, privacy, publicity, or other rights of any third party, or other rights of any third party, or (3) any policy or condition of the Client or any third party governing the Client Content.
7. PERSONAL DATA PROTECTION
Within the framework of the services entrusted to it, ALTAVIA JETPULP may be required to process personal data on behalf of the Client, and in particular to access them, transfer them (without altering them), and/or carry out backups (e.g., hosting). The Client may consult ALTAVIA JETPULP’s Privacy Policy (https://www.acymailing.com/privacy-policy/) for information on how ALTAVIA JETPULP collects, uses, and discloses personal data processed in connection with the services.
ALTAVIA JETPULP undertakes to process the data only for the purposes of the Client’s use of the services, excluding any other processing, and to comply with any specific instructions from the Client. ALTAVIA JETPULP undertakes to comply with the legal obligations relating to the processing of personal data, in particular concerning the obligations to inform the data subjects concerned and to allow them to exercise their rights. ALTAVIA JETPULP guarantees the confidentiality of the processed data and undertakes to pass on this obligation to its employees and partners. ALTAVIA JETPULP consider the principles of data protection by design and data protection by default in its tools, products, applications, and services. Throughout the contract, ALTAVIA JETPULP undertakes throughout the contract to put in place adequate and state-of-the-art data security measures. ALTAVIA JETPULP must inform the Client of:
ALTAVIA JETPULP will not copy or destroy the data without the prior written consent of the Client, except for operations necessary for the execution of the services. ALTAVIA JETPULP will make available to the Client the documentation required and imposed by regulations to demonstrate compliance with all its contractual and legal obligations.
The Client acknowledges that when using the Acymailing sending service, data may transit through, notably, the APIs of Open AI and Amazon Simple Email Service. Indeed, the Client sends an email via the Acymailing sending service, which they have installed as a plugin on their website. The MIME format of a copy of the email is then stored in JETPULP’s API for two (2) weeks. This copy of the emails proposed for sending by the Client is transmitted to the Open AI API to check its content. Subsequently, all emails proposed for sending by the Client are transmitted to the Amazon Simple Email Service API for the bulk sending of emails to recipients.
The Client acknowledges having read the privacy policy of Open AI (https://openai.com/policies/privacy-policy) and Amazon Simple Email Service (https://docs.aws.amazon.com/ses/latest/dg/data-protection.html). The use of these tools is subject to and within the limits of their terms of use. JETPULP offers no additional guarantee beyond those stipulated in the privacy policies of the aforementioned providers.
The Client undertakes to provide ALTAVIA JETPULP with any document or information necessary concerning the purposes of the processing, the types of data collected, the categories of persons concerned, or any information necessary for the proper performance of its obligations and for compliance with the regulations in force. The Client undertakes to document in writing any instructions regarding the processing of data. Throughout the processing period, the Client will ensure compliance with applicable legal obligations regarding data protection. The Client will be solely responsible for any act, error, negligence committed, or any decision made by them or their employees regarding the processing of data. The Client indemnifies JETPULP from any consequences of any recourse in this regard.
8. LIABILITY
ALTAVIA JETPULP does its best endeavors to perform the services; it can only be held liable for proven fault. The Client acknowledges that most electronic communications [including emails] are filtered at multiple levels and that ALTAVIA JETPULP cannot be held responsible if the Client’s communications are not received in the “inbox” by the final recipients. The Client is responsible for the content and legal validation of all operations carried out under the order and any steps to be taken, authorizations, or declarations to be made. In any event, regardless of the basis of JETPULP’s liability, damages and all compensation shall not exceed the amount of the relevant service month.
The Client is responsible for the information and elements transmitted to JETPULP under the Contract, particularly concerning his own products and services. The Client indemnifies ALTAVIA JETPULP in this regard and will handle any claims related to them or to the operation of his websites or applications. Any computer file transmitted to JETPULP must be backed up by the Client and be error-free. ALTAVIA JETPULP is not responsible for errors contained in the source file transmitted by the Client. The Client is solely and entirely responsible for the use and confidentiality of their identifiers and passwords. He will promptly inform ALTAVIA JETPULP of any security breach or unlawful use of the services observed, particularly related to voluntary communication or misuse of identifiers or passwords, so that ALTAVIA JETPULP can take appropriate measures to remedy the situation.
In general, the Client agrees not to use the services to (a) send or store counterfeit documents, obscene, threatening, defamatory, privacy-infringing, or other unlawful or tortious uses, (b) send or store documents containing malicious code, (c) disrupt the integrity or performance of the service or the data contained therein, (d) impersonate a third party. In the event of breach, ALTAVIA JETPULP reserves the right, in addition to compensation for its damages, to suspend all or part of the services or to terminate the order at the sole expense of the Client.
9. INTERRUPTION OF SERVICES – TERMINATION
If the Client’s fails to fulfil one of its obligations, and notably the obligation to pay the price on the due date, ALTAVIA JETPULP may, by registered letter with acknowledgment of receipt, instruct the Client to remedy this breach within a period of fifteen (15) days, while suspending its services, without prejudice to any compensation that ALTAVIA JETPULP may claim for the damages suffered. If the Client does not remedy its default within this period, automatic termination of the order will be cancelled ipso jure by registered letter and will take effect on the date of receipt of this notification, with the totality of the sums due then becoming payable.
10. CONFIDENTIALITY
Unless otherwise authorized, the parties, their employees, and their subcontractors undertake not to disclose to third parties any confidential information obtained or produced within the framework of their relations, during the term of the commercial relationship, and for a period of three (3) years thereafter.
11. FORCE MAJEURE
The performance by the parties of all or part of their obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure that would impede or delay the performance thereof. The following are considered as such, without this list being restrictive: war, riots, insurrection, social unrest, strikes of any kind, interruptions in means of transport and problems with ALTAVIA JETPULP’s suppliers. In the event of the occurrence of a fortuitous event or force majeure, ALTAVIA JETPULP will inform the Client as soon as possible and within three (3) business days. However, this suspension does not apply to payment obligations. If this suspension continues for more than thirty (30) days, the other party will have the option to terminate the contract.
12. COMMERCIAL DISPUTES
Subject to any provision providing for a shorter period, any dispute on the part of the Client relating to the whole of the commercial relationship with ALTAVIA JETPULP, of any nature whatsoever, must be raised no later than two (2) months following the event giving rise to the claim. Failing this, and by express derogation from the provisions of article L.110-4 of the French Commercial Code, no claim or dispute may be presented and will therefore be considered as being time-barred and therefore strictly inadmissible.
13. DISPUTE RESOLUTION
These terms are governed by French law. In case of dispute, the parties shall seek an amicable solution. Failing that, the dispute shall be brought before the Commercial Court of Lyon, even in the event of an incidental claim, an introduction of third parties or multiple defendants.
Last update – 16/05/2024