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General conditions

These Terms of Use are current as of January 5, 2024.

1. PREAMBLE – COMPANY IDENTIFICATION


1.1. These Terms of Use (hereinafter referred to as the "Terms") are offered by the company MKD WORD S.L (hereinafter referred to as the "Company"), whose registered office is located at Calle Torres y Amat 21, 08001 Barcelona, Spain, with tax identification number B56372634. These Terms are intended to determine and define the terms and conditions under which the client (hereinafter the "Client") is authorized to use the website ai-chatpro.com and all associated pages (hereinafter the "Website") as well as the services offered thereon (hereinafter the "Services").

1.2. The Company can be contacted by email at contact@ai-chatpro.com, via chat through the dialog box available on the Website, or by phone at 0 805 620 460 from Monday to Friday between 9 a.m. and 7 p.m., and Saturday from 10 a.m. to 3 p.m. (France time).

1.3. The Company is the owner and publisher of the Website ai-chatpro.com. The Website is hosted by Amazon Web Services, a U.S. company headquartered at 1200 12th Avenue South, Suite 1200, Seattle, WA 98114.

2. DEFINITIONS


For the purposes of these Terms, the terms in full uppercase or with the first letter capitalized, whether used in singular or plural, shall have the following meanings:

"Terms": refers to these Terms of Use.

"Company": refers to the publisher and owner of the Website.

"Professional Partners": refers to all professionals and independent experts assisting the Company in the development, implementation, and optimization of the Services.

"Website": refers to the online electronic service published by the Company, accessible at ai-chatpro.com, including all linked pages and URLs, as well as all its versions.

"Services": refers to the services provided by the Company on the Website as described in Article 3 of these Terms.

"Client": refers to any legally capable individual of legal age or any legal entity using the Services provided on the Website or having subscribed to the subscription services by creating a client account. Any provision of these Terms not enforceable against consumers under current regulations shall only apply to professionals.

"Client Account": refers to the personal space provided to the Client upon subscription on the Website. This space is accessible online via a unique login and password provided by the Company. The Client can update their password in the "My Account" section.

"ai-chatpro.com Offer": refers to the provision of intelligent and personalized assistance via real-time interaction through the ai-chatpro.com Website.

"Online Assistance": refers to all support services for account management, subscriptions, and other necessary procedures available through customer service.

"Customer Service": refers to all agents who assist the Client via phone, email, or chat window.

"Subscription": refers to the monthly paid subscription available on the Website. The Client subscribes for a fixed duration of thirty (30) full days starting from the confirmation of their account creation. The subscription automatically renews for the same period unless canceled by the Client. In the case of a trial offer, the subscription is activated if not canceled before the trial ends.

"Trial Period": refers to the forty-eight (48) hour period during which the Client has unlimited access to the Website’s Services without being charged. This period is included as part of a trial offer.

"Trial Offer": refers to free and unlimited access to the Services during the Trial Period. Registering for the Trial Offer automatically subscribes the Client to the Subscription. The offer allows the Client to try the Services before being charged.

"One-Time Purchase": refers to the purchase of a specific service, such as personalized assistance, without a subscription, access to a client account, or a trial offer.

3. GENERAL PROVISIONS AND CLIENT CONSENT


The Company provides Clients with Services on the Website as described in Article 4. To purchase or subscribe, the Client must follow the steps indicated on the Website, completing all required fields to identify themselves, select Services, and choose a payment method.

Before using the Website, the Client must ensure they have the necessary technical and IT resources to use it and that their browser allows secure access. They must also verify that their system is virus-free and functioning properly.

By using the Website and Services, the Client acknowledges having read, understood, and fully accepted these Terms without reservation.

The Company reserves the right to modify the Terms, which shall apply upon their publication and govern any new one-time purchases or subscriptions. Any changes do not affect purchases or subscriptions made prior to the modifications, which remain governed by the version of the Terms accepted at the time of purchase. Clients are encouraged to review the Terms regularly.

The Company is a technical provider managing the infrastructure and making personalized assistance available through ai-chatpro.com and its subscription. The Company and its representatives, employees, and partners, in accordance with applicable laws: - are not affiliated with any third-party service providers beyond AI content management, - do not guarantee the feasibility or accuracy of assistance provided by the AI tool, - do not collect personal data without prior consent.

The Company cannot be held liable for any omissions, inaccuracies, or errors in the ai-chatpro.com Offer and Subscription causing direct or indirect damage to a user or third party.

The Client acknowledges that:

- AI-generated content is the result of their actions and is not supervised or edited by the Company, its representatives, employees, or partners;

- It is strictly forbidden to use ai-chatpro.com or the Subscription to generate or host illegal content, including but not limited to: pornographic, harmful, stolen, or unauthorized illustrations, images, texts, and photos of a pornographic, racist, pedophilic, or violent nature, or anything else prohibited by the laws of the sender's and recipient's country. The Company reserves the right to notify authorities if illegal content is detected.

- The Company, its representatives, employees, and partners are not liable for any harmful, defamatory, or illegal content.

4. DESCRIPTION OF SERVICES


4.1 Subscription Services
4.1.1 ai-chatpro.com Offer: With a monthly subscription of €29 including VAT, the Client receives credits and can use ai-chatpro.com without limits. The subscription also includes: - Cloud storage library - Chat history

4.1.2 Online Assistance: Includes all support for managing accounts, subscriptions, and processes, provided via phone, chat, or email from Monday to Friday (9 a.m. to 7 p.m.) and Saturday (10 a.m. to 6 p.m.). The Company will respond as promptly as possible.

4.2 One-Time Purchase Services

4.2.1 Single Use of Tool: The Client can use the tool once with a one-time purchase. The response/result is sent via email.

5. ENFORCEABILITY OF THE TERMS


5.1. These Terms define the conditions under which the Company sells its Services to Clients on the Website. They apply to all subscriptions and one-time purchases.

5.2. The Client confirms having read and accepted the Terms in full before any purchase or subscription.

5.3. Subscribing or purchasing constitutes acceptance of the Terms.

5.4. Any opposing terms by the Client are unenforceable unless expressly accepted by the Company.

5.5. The fact that the Company does not enforce a provision at any time does not constitute a waiver.

6. ORDERING SERVICES AND SUBSCRIPTION


6.1. The Services are described as accurately as possible. The Company may update Website content without notifying the Client. Clients select their Services and may access their order summary at any time.

6.2. The order summary lists selected Services and any additional fees. Clients may modify or correct their order before final validation.

6.3. To confirm the order, the Client must check the box accepting the Terms and click the confirmation button, which is clearly labeled with a payment notice.

6.4. After accepting the Terms and confirming the order, a binding contract is formed between the Client and the Company.

6.5. To proceed with payment, the Client enters billing information. The service delivery process is detailed in Article 8.

6.6. The Company sends a confirmation email including the order summary and client account access.

7. PRICING AND PAYMENT TERMS


7.1. Prices are listed in EUR €, including VAT, in the Service descriptions.

7.2. The total price is displayed in the order summary before final validation.

7.3. All orders are payable in full in EUR € including VAT.

7.4. Subscription implies authorization for automatic payments. The first payment is taken after the trial ends, or at order confirmation if no trial is selected.

7.5. Payments are secured via an online payment provider, ensuring full encryption and confidentiality. Card numbers are never fully disclosed to the Company.

7.6. The Client guarantees they have authorization to use the chosen payment method.

7.7. The Company may suspend or cancel any order in case of non-payment, fraud, or attempted fraud.

8. SERVICE DELIVERY AND PLATFORM ACCESS


8.1. The Company commits to deliver Services as per these Terms. The Client is notified via email once the service is fulfilled.

8.2. For subscriptions, the Client receives login credentials upon order validation. It is their responsibility to keep them secure. The Company is not liable for any unauthorized use.

8.3. Clients must ensure their information is accurate and updated until delivery. They must notify the Company of any changes to billing information via email. Otherwise, delays or errors are the Client’s responsibility.

8.4. The Company is not liable for service delivery issues caused by third parties.

9. CUSTOMER SUPPORT
9.1. After any subscription or purchase, the Client may contact customer support for assistance, clarification, or complaints.

9.2. Customer support is available Monday to Friday from 9 a.m. to 7 p.m. and Saturday from 10 a.m. to 3 p.m. (France time).

10. CLIENT OBLIGATIONS


10.1. The Client agrees to comply with the terms of these Terms of Use.

10.2. The Client agrees to use the website and services in accordance with the Company's instructions.

10.3. The Client agrees to refrain from:



10.4. If, for any reason, the Company considers that the Client does not comply with these Terms, the Company may at any time and at its sole discretion remove the Client’s access to the website and take any measures including civil and criminal legal action against the Client.

11. WAIVER OF LEGAL RIGHT OF WITHDRAWAL – CANCELLATION AND REFUND OF A SUBSCRIPTION


11.1. In accordance with Article L.121-25 of the French Consumer Code, the Client acknowledges that the performance of services provided by the Company will begin before the end of the legal withdrawal period and therefore expressly waives their legal right of withdrawal.

11.2. Nevertheless, the Client has a period of forty-eight (48) hours from the confirmation of the order, in the context of subscribing to a subscription with a trial offer, to contact the Company by phone, chat, or email to request the cancellation of any monthly subscription.

11.3. Exercise of the “Satisfied or Refunded” option: The Client also has the option to request a refund of one or more monthly payments of their subscription if they are not satisfied with the services offered by the Company. The Client wishing to exercise this refund option must also contact the Company via phone, chat, or email to request the refund of any monthly subscription.

11.4. In the event of cancellation of the monthly subscription before the end of the forty-eight (48) hour trial period or in the event of exercising the “Satisfied or Refunded” option, the Client will be refunded via the same payment method used for the initial order. The Company cannot be held responsible if the Client’s bank details have changed since the order date, making refund impossible. In such a case, the Client is invited to contact the Company to agree on an alternative refund method or to contact their bank. The Company shall not be liable to refund the Client if it is proven that the Client is responsible for bank fraud, including false declaration of loss or theft of their bank card following a purchase on the website. In such cases, the Client remains liable for all amounts owed to the Company.

12. TERMINATION OF THE MONTHLY SUBSCRIPTION



12.1. Any subscription to a monthly plan by the Client is granted for an indefinite period and without commitment to a minimum duration. The Client may terminate their monthly subscription at any time by notifying the Company by email, chat, or phone, or by terminating it themselves via their client account or on the website.

12.2. Termination will take effect at the end of the current subscription month, which remains payable. From the effective termination date, the Client no longer has access to the client area or the services.

13. LIABILITY


13.1. The Company implements all measures to ensure the Client receives quality services under optimal conditions. However, it cannot be held liable for any failure or improper performance of all or part of the services provided in the order, which would be attributable either to the Client, to an unforeseeable and insurmountable act of a third party outside the order, or to a force majeure event. More generally, if the Company’s liability were engaged, it could not accept to indemnify the Client for direct or indirect damages whose existence and/or amount is not proven by evidence.

13.2. The Company will make every effort to ensure the website remains accessible 24/7, but cannot be held liable for unavailability related to inherent constraints of the Internet, maintenance operations, any malfunction or bug, or any event beyond the Company’s reasonable control or force majeure.

13.3. The website may contain links to other websites not published or controlled by the Company, which cannot be held liable for the operation, content, or any element present or obtained through those sites.

13.4. The inclusion of such links or reference to any information, articles, or services provided by a third party cannot and should not be interpreted as express or implied endorsement by the Company of these sites or their contents.

13.5. The Company is not responsible for the availability of these sites and cannot control or validate advertisements, products, or other information disseminated on those websites.

13.6. It is expressly stipulated that the Company cannot be held responsible in any way if the Client’s computer hardware or email system rejects, for example due to anti-spam filters, emails sent by the Company, including but not limited to payment receipts or order confirmation emails.

14. PERSONAL DATA


14.1. In accordance with the French law of January 6, 1978 on data processing, files, and freedoms (as amended), the Client is informed that the Company collects and processes their personal data to process and execute their order(s) made on the website.

14.2. These mandatory data, without which the ordering process on the website would be blocked, are: last name, first name, email address.

14.3. The Client is informed that their personal data may be transferred to service providers, including hosting providers located outside the European Union. The Company has signed data transfer agreements with these providers incorporating the standard contractual clauses approved by the European Commission.

14.4. The Client has the right to object, access, rectify, and delete their personal data, as well as the right to object for legitimate reasons, which they can exercise by sending an email to contact@ai-chatpro.com specifying their name, first name, email address, and order number.

14.5. No Client information will be shared with third parties except with the Company’s service providers solely for maintenance and hosting of the website and order execution, and only to the extent strictly necessary for those purposes.

14.6. In accordance with the CNIL deliberation No. 2013-378 of December 5, 2013, the Company informs the Client that cookies record certain information stored on their hard drive. These are used to generate website traffic statistics and offer services according to previously selected options during prior visits. A banner alert asks each visitor whether they consent to cookies. These cookies do not contain confidential information about website Clients.

14.7. A Client visiting the homepage or another page directly from a search engine will be informed of:

- The precise purposes of cookies used, - The possibility to object to cookies and change settings by clicking a link on the banner, - And the fact that continuing navigation implies consent to cookies being placed on their device.

14.8. To guarantee the Client’s free, informed, and unequivocal consent, the banner will not disappear until the Client continues their navigation.

14.9. Without prior consent, cookies will not be placed or read: - If the Client visits the website (homepage or another page directly from a search engine, for example) but does not continue browsing — mere inactivity does not constitute consent, - Or if the Client clicks the link on the banner to configure cookies and refuses them.

15. INTELLECTUAL PROPERTY


15.1. All elements of the website are protected by copyright, trademark law, design rights, and/or other intellectual property rights. These elements are the exclusive property of the Company. All rights are reserved worldwide.

15.2. The Company’s name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on the website are and remain the exclusive property of the Company.

15.3. No title or rights to any element or software will be acquired by downloading or copying website elements. The Client is strictly prohibited from reproducing (except for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to the website or its elements and software, modifying or basing any work on them, or selling or participating in sales related to the website, its elements, or software.

15.4. The Company grants the Client a non-exclusive license to use the website. This license is strictly personal and may not be assigned or transferred to any third party. It is granted for the duration of use of the website and the simple and personalized documents made available to the Client.

15.5. The website may contain links to other websites not published or controlled by the Company, which cannot be held responsible for their operation, content, or any element present or obtained through those sites. The inclusion of such links or references to third-party information, articles, or services cannot be interpreted as express or implied endorsement by the Company.

15.6. Any questions or comments regarding another website must be addressed to those site operators. No link to the present website is authorized without prior written permission from the Company.

15.7. Any use by the Client of the Company’s corporate names, trademarks, and distinctive signs is strictly prohibited without express prior agreement from the Company.

16. NEWSLETTER


16.1. By checking the box provided or expressly consenting, the Client agrees that the Company may send them a newsletter at a frequency and in a form determined by the Client, containing information related to its activity.

16.2. When the Client checks the box during registration on the website to place an order, they agree to receive commercial offers from the Company for services similar to those ordered.

16.3. The Client may unsubscribe from newsletters by clicking the unsubscribe link provided in each newsletter.

17. APPLICABLE LAW AND JURISDICTION


17.1. These Terms of Use are governed and interpreted in accordance with Spanish law, without regard to conflict of law principles.

17.2. In the event of a dispute arising from the interpretation and/or execution of these Terms or related thereto, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The Client may notably contact the Paris Mediation and Arbitration Center. The Client acknowledges that before undertaking any mediation, they must first contact the Company by phone, chat, or email at contact@ai-chatpro.com to assert their refund right (see 11.3 Exercise of the “Satisfied or Refunded” option).

17.3. If mediation fails or the Client wishes to bring a case before a court, the rules of the French Code of Civil Procedure shall apply.