Object. These general terms and conditions of sale ("GTC") govern the contractual relationship between Visible Ai ("the Service Provider") and its professional customers ("the Customer"). The GTC apply to all services provided by the Service Provider.
Services. The Service Provider offers to the Customer (together "the Parties") innovative visibility enhancement services for the Customer's website. The Service Provider may use artificial intelligence to improve traffic to the Customer's website and optimize its SEO. Services provided may include, but are not limited to, SaaS access to a platform, site analysis, content creation and other techniques aimed at increasing the Customer's online visibility. Access to the Service Provider's SaaS platform: The service facilitating reviews on the Customer's Google Business page is accessible in SaaS mode. The Customer can connect to his account using a login and password that will be sent to him by the Service Provider. The Customer is solely responsible for the confidentiality of his login and password. Any use of the Customer's account using the Customer's personal login and password is presumed to have been made by the Customer, until the Customer's account is deactivated. Access to the Visible Ai customer account is unrestricted. In principle, it is accessible 24 hours a day, 7 days a week. Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, the Service Provider makes its best efforts, in accordance with the rules of the art, to allow access to and use of the SaaS platform. The Service Provider cannot guarantee absolute accessibility or availability of the SaaS platform. However, the Service Provider reserves the right, without prior notice or compensation, to temporarily or permanently shut down the solution, in particular to carry out updates, maintenance operations, modifications or changes to operating methods and servers, without this list being limitative. The Service Provider is not liable for any damages of any kind that may result from such changes or from the temporary unavailability or permanent closure of all or part of the solution or associated services. The Service Provider reserves the right to add to or modify the SaaS platform and the services available on it at any time, in line with technological developments. In the event of manifest and significant breach and/or fraud by the Customer, the account will be deactivated , without notice, without formality and without compensation.
Eligibility. The Service Provider provides its services exclusively to companies and does not offer its services to private individuals. The Customer must be a registered legal entity.
Customer data. The Service Provider may use the Customer's web site data to provide the Services. The Customer acknowledges and agrees that the Service Provider may collect, process and use such data for the purposes of improving web traffic and natural referencing. The Service Provider undertakes to treat the Customer's data confidentially and to use it solely for the purpose of providing the agreed services.
Customer's consent. The Customer warrants to the Service Provider that it has the necessary authorizations and legitimate rights to allow the Service Provider to use the Customer's website data. The Customer gives its explicit and non-revocable consent for the Service Provider to use its web site data in connection with the provision of the Services.
Liability. The Service Provider undertakes to use all reasonable means to provide quality services. Given the nature of the services entrusted to it, the Service Provider is only bound by an obligation of means. The Service Provider cannot guarantee specific results in terms of improved web traffic or natural referencing. The Service Provider accepts no liability for any loss or damage resulting from the use of the services provided, except in the case of intentional misconduct or gross negligence, and cannot be held liable for any inherent costs. Under no circumstances may the Service Provider be held liable in the event of : Fault, negligence, default or omission of the Customer; Fault, negligence or default of a third party over whom the Service Provider has no control or supervision; Force majeure, event or incident beyond the control of the Service Provider; Decrease in search engine positioning of the Customer's site (regardless of keywords); De-indexation or penalty by search engines. Compensation payable by the Service Provider in the event of service failure resulting from a fault established against it shall correspond to the direct, personal and certain loss linked to the failure in question, to the express exclusion of any indirect loss. Under no circumstances shall the Service Provider be held liable for indirect damage, i.e. any damage not resulting directly and exclusively from the partial or total failure of the service provided by the Service Provider, such as commercial damage, loss of orders, damage to brand image, any commercial disturbance whatsoever, loss of profits or loss of Customers (for example, untimely disclosure of confidential information concerning them as a result of system failure or hacking), for which the Customer shall be its own insurer or may take out appropriate insurance. Any action brought against the Customer by a third party constitutes an indirect loss consequently does not give rise to any right to compensation. In any event, the amount of damages for which the Service Provider may be held liable shall be limited to the amount of the sums actually paid by the Customer to the Service Provider for the period in question and for the part of the service for which the Service Provider is held liable.
Confidentiality. The Service Provider undertakes to maintain the confidentiality of the Customer's information and data. The Service Provider will not disclose the Customer's confidential information to third parties without the Customer's prior consent, unless required by law.
Intellectual property. The Service Provider retains ownership of all intellectual property rights associated with its methods, techniques, software and tools used to provide the Services. The Customer acquires no intellectual property rights in the Services provided.
Prices and payment terms. The prices of the services provided by the Service Provider are specified in the commercial offers or quotations sent to the Customer. Prices are expressed in euros and are net of tax. The Customer undertakes to pay the invoices issued by the Service Provider in accordance with the agreed terms. Discounts are price conditions applicable at the start of the collaboration and valid during the initial commitment period, but are not renewable. Payments are made without discount, in cash, by magnetic LCR or bank transfer, except under special conditions. A deposit may be required at the time of order. In the event that special conditions define a deferred payment, no derogatory agreement validated by decree may be used to avoid the deadlines set by the Service Provider. In accordance with the amendments to the French Commercial Code provided for by the LME law of August 4, 2008, any delay in payment will render the balance immediately due and payable, and will give rise ipso jure and without prior notice, to the payment of a late payment penalty calculated on the basis of three times the legal interest rate applicable on the invoice date. In addition, payment of sums due after the eligibility date shown on the invoice will automatically increase the amount of the invoice by a flat-rate indemnity for collection costs of 40 Euros provided for in article L441-6 of the French Commercial Code, and the amount of which is set by decree n°2012-1115 of October 2, 2012. In the event of a regulatory change in the amount of this fixed indemnity, the new amount will be automatically substituted for that shown in these general terms and conditions of sale. The automatic application of this indemnity does not preclude the application of an additional indemnity for the claim upon justification, in accordance with the aforementioned text, up to the full amount of the sums that will have been incurred, whatever their nature, for the recovery of the claim. VAT is payable by the purchaser. In the event that the Customer defaults in the payment of any sums due, the Service Provider reserves the right, with or without notice, to suspend services to the Customer until the latter has paid the sums due.
Duration and termination. The contract will be renewed, by automatic renewal, for successive periods identical to the initial subscription period for the recurring and transactional products subscribed to, unless terminated by either party, within the period specified in the general terms and conditions, by registered letter with acknowledgement of receipt sent to the Service Provider. Recurring and transactional services subscribed to during the year are included in the scope of the customer's contractual commitment when the contract is renewed on its anniversary date. The Service Provider reserves the right to terminate the present contract without formality or compensation in the event of non-compliance with any of the clauses of these general terms and conditions of sale. The Customer who fails to comply with these terms and conditions shall bear all the consequences of termination. In the event of early termination by the Customer, subject to 30 days' written notice, all monthly or annual installments are due to the Service Provider, for the entire duration of the contract and until its expiry.
Modification of the GTC. The Provider reserves the right to modify these GTC at any time. Amendments shall come into effect as soon as they are published on the Provider's website. It is the Customer's responsibility to regularly consult the updated GTC.
Completeness and force majeure. Should any of the clauses of this contract be rendered null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with these general terms and conditions of sale. In the event of force majeure, the obligations of the parties shall be suspended. The following are considered to be cases of force majeure, in addition to those usually accepted by jurisprudence: blocking of telecommunications, blocking or unavailability of Internet networks, breakdown of equipment broadcasting the service, fire, water damage, blocking of means of transport or supply, total or partial strike. Neither party may be held liable to the other, and no compensation may be claimed, in respect of delays or harmful consequences.
Disputes and applicable law. Any dispute arising from these GTC shall be submitted to the competent courts of the location of the Service Provider's registered office. The GTC shall be governed by the law in force in the country of the Provider's registered office. By accepting these GTC, the Customer acknowledges having read, understood and accepted the terms and conditions set out herein. These GTC prevail over any other document or prior agreement between the parties, whether written or oral.
Visible Ai - 23 avenue Paul Duplaix - 56000 Vannes - Tél : 02 30 08 80 86 - contact@visible-ai.com- www.visible-ai.com - SAS au capital de 10 000 € - FR78 979 843 000