Terms and Conditions

The present Terms of Use are updated as of January 5, 2024. **1. PREAMBLE – COMPANY IDENTIFICATION** 1.1. These Terms of Use (hereinafter 'TOU') 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 number 09418674. The purpose of these TOU is to determine and define how the client (hereinafter the 'Client') is authorized to use the website ai-chatpro.com and all related pages (hereinafter the 'Website') as well as the services offered therein (hereinafter the 'Services'). 1.2. The Company can be contacted by email at contact@ai-chatpro.com, through the chat box available on the Website, or by phone at 0 805 620 460 from Monday to Friday from 9 am to 7 pm, and on Saturday from 10 am to 3 pm (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, an American company located at 1200 12th Avenue South Suite 1200, Seattle WA 98114. **2. DEFINITIONS** For the purposes of these TOU, fully capitalized terms or with the first ai-chatpro.com in uppercase, whether used in singular or plural, have the following meanings: “TOU”: refers to these Terms of Use. “Company”: refers to the company that publishes and owns the Website. “Professional Partners”: refers to all professionals and any type of independent experts of the Company who have assisted the Company in the realization, implementation, and optimization of the Services. “Website”: refers to the online electronic service published by the Company, accessible at ai-chatpro.com, including all related pages and URLs, and any of its variations. “Services”: refers to the services provided by the Company on the Website as described in Article 3 of these TOU. “Client”: refers to any capable adult natural person, or any legal person, using the Services offered on the Website or who has subscribed to the Subscription Services by creating a Client Space. It is specified that any provision of these TOU that is not enforceable against individuals under current regulations shall only apply to professionals. “Client Space”: refers to the personal space made available to the Client upon subscription to the Subscription offer on the Website. This Client Space is accessible online on the Website using a unique username and password provided to the Client by the Company at registration. The Client can update their password from their Client Space, available on the Website under the "My Account" section. “ai-chatpro.com Offer”: refers to the action of converting one or more files through the website ai-chatpro.com. “Online Assistance”: refers to all account management assistance services, subscriptions, file conversion processes that the Client benefits from through Customer Service. “Customer Service”: refers to all operators who can assist the Client with any request via phone, email, or chat window. “Subscription”: refers to the monthly paid subscription that Clients can subscribe to on the Website. The Client subscribes to the Services for a definite period of thirty (30) straight days from the Company's confirmation of the creation of their Client Space. This subscription will automatically renew for an identical period of thirty (30) straight days each month until the Client cancels it. Within the framework of the Trial Offer, the Subscription is subscribed in case of non-cancellation by the Client before the end of the Trial Period. “Trial Period”: refers to the forty-eight (48) hours period during which the Client benefits from unlimited access to Services on the Website without being charged the Subscription price. This Trial Period systematically occurs within a Trial Offer. “Trial Offer”: refers to free and unlimited access to the Services offered on the Website throughout the Trial Period. The Client's registration for the Trial Offer automatically leads to the Subscription. The Trial Offer notably allows the Client to try the Service for free before the Subscription charge. “One-Time Purchase”: refers to the one-time purchase of a file conversion without Subscription or Trial Offer subscription and without access to the Client Space. **3. GENERAL AND CLIENT CONSENT** The Company provides Clients with the Services described in Article 4 on the Website. To purchase and/or subscribe to the Services, the Client will follow the steps of the process indicated on the Website. The Client will fill out all the fields allowing them to be identified, choose the Services as well as the payment terms. Before any use of the Website, the Client must ensure that they have the technical and computer means allowing them to use the Website and that their browser allows secure access to the Website. The Client must also ensure that their equipment's computer configuration is in good condition and does not contain viruses. By using the Website and using the Services, the Client acknowledges and confirms having read, understood, and accepted these TOU in full without any reservations. The Company reserves the right to modify these TOU, which will become effective upon their publication on the Site and will apply to any new One-Time Purchase or Subscription on the Website. Any changes cannot affect One-Time Purchases or Subscriptions made on the Website prior to their publication, which remain subject to the TOU as accepted by the Client at the time of validating each purchase. Clients are invited to consult the General Conditions each time they use the Services of the Site, without it being necessary to formally notify them. The Company is a technical service provider that manages a technical and software infrastructure and provides Clients with a file conversion solution through the ai-chatpro.com Offer and Subscription on its Website. The Company, as well as any of its managers, employees, and Professional Partners, in accordance with applicable regulations: - Is not affiliated with a file publisher, - Does not guarantee in any way the feasibility or accuracy of conversion requests for files, - Does not collect information without prior consent, The Company cannot be held responsible for any omission, inaccuracy, or error contained in the ai-chatpro.com Offer and Subscription that may cause direct and/or indirect damage to a user or any other person. The Client acknowledges that: - The file conversion requests are generated by the Client's actions and are not subject to any supervision or modification by the Company, its managers, employees, or Professional Partners, - The Company, its managers, employees, or Professional Partners cannot be held responsible for delivery problems, - It is strictly prohibited to convert files through the ai-chatpro.com Offer or the Subscription whose content is illegal, and more broadly the content listed among the following points: pornographic, dangerous, compromising, stolen files, illustrations not provided by the Company, and for which the user does not have exploitation rights, pornographic, racist, pedophilic, violent images, texts, and photos, or any form prohibited by the law of the sending and receiving country. The Company reserves the right to alert the authorities if illegal content is detected in a file. - The Company, its managers, employees, or Professional Partners cannot be held responsible for the content of a file that may harm others, a company, an organization, or any association, or have illegal content. **4. DESCRIPTION OF SERVICES** 4.1. Subscription Services: 4.1.1 ai-chatpro.com Offer: In its monthly subscription, the client benefits from file conversion credits, for only {{subPrice}} including tax per month. For example, the Client can perform all their file conversions without limits every month. The Client's monthly subscription also includes the following features in unlimited access from the Client Space: - Cloud storage file library - File conversion history - Tracking the status of conversions 4.1.2 “Online Assistance”: All the account management, subscriptions, and file conversion assistance services that the Client benefits from through Customer Service. As part of subscribing to a Subscription, the Company provides the Client with an Assistance Service with Advisors available by phone, chat, and email for any questions or inquiries about the Website and Services. The Client can contact Advisors from Monday to Friday from 9 am to 7 pm, and on Saturday from 10 am to 6 pm (France time). The Company will do its best to respond to Clients as quickly as possible. 4.2. One-Time Purchase Services: 4.2.1. File Conversion: The client can convert files in a one-time purchase. They will receive their converted file by email. **5. APPLICATION AND ENFORCEABILITY OF TOU** 5.1. The purpose of these TOU is to define all the conditions under which the Company markets the Services as offered for sale on the Website to Clients. They apply to any monthly Subscription or One-Time Purchase of Services by the Client. 5.2. The Client acknowledges and confirms having read, understood, and accepted these TOU in full without any reservation before any One-Time Purchase of Service or Subscription on the Website. 5.3. Subscription or the One-Time Purchase of a Service implies acceptance of these TOU. 5.4. Any contrary condition posed by the Client, in the absence of explicit acceptance, is unenforceable against the Company regardless of the time when it may have been brought to its attention. 5.5. The fact that the Company does not invoke any provision of these TOU at any given time cannot be interpreted as a waiver of the right to invoke it later. **6. ORDERING SERVICES ON THE WEBSITE AND SUBSCRIPTION** 6.1. The Services offered on the Website are described and presented as accurately as possible. The Company reserves the right to correct the site's content at any time without needing to notify the Client. The Client selects the Services they wish to purchase and can access the summary of their Order at any time. 6.2. The Order summary presents the list of Services selected by the Client and includes any ancillary costs added to the Service price. The Client has the option to modify their Order, information, and correct any errors before proceeding with accepting their Order. 6.3. After accessing their Order summary, the Client confirms acceptance of their Order by checking the TOU validation box and clicking on the Order validation button. A clear and readable mention of payment is displayed next to the Order validation icon to ensure that the Client explicitly acknowledges their obligation to pay for the Order. 6.4. After accepting the TOU and validating the Order with a payment obligation, the contract is validly concluded between the Company and the Client and binds them irrevocably. 6.5. After Order validation and to proceed with payment, the Client enters their billing information. The process for receiving Services is described in Article 8 of these TOU. 6.6. The Company sends an order confirmation by email to the Client, including the elements of their Order summary and their access to the Client Space. **7. PRICE AND PAYMENT CONDITIONS OF THE ORDER** 7.1. Prices are listed on the Website in the Service descriptions, in {{currency}} {{currencyCode}} including all taxes. 7.2. The total amount is indicated in the Order summary before the Client accepts these TOU, validates their Order, enters, and validates their billing information, and proceeds with the payment. This total amount is indicated in {{currency}} {{currencyCode}} including all taxes. 7.3. Any Order on the Website is payable in {{currency}} {{currencyCode}} including all taxes. Full payment must be made on the day of the Order in the case of a One-Time Purchase of a Service. 7.4. Subscription to a monthly plan implies a direct debit authorization on the Client's payment method at the time of the Order as part of the Trial Offer. The first installment payment occurs at the end of the Trial Period of this same Trial Offer. For a Subscription without a Trial Offer, the first installment payment occurs upon Order validation by the Client. 7.5. The Website uses a payment security system through a provider specializing in online payment security. This system guarantees the Client complete confidentiality of their banking information. The bank card transaction, carried out between the Client and the secured system, is fully encrypted and protected. This means that the Client's card number is never disclosed in its entirety to the Company. 7.6. The Client guarantees the Company that they have the necessary authorizations to use the payment method when placing the Order. 7.7. The Company reserves the right to suspend any Subscription or cancel any Order execution, regardless of its nature and execution level, in case of non-payment or partial payment of any sum that would be due by the Client to the Company, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order. **8. RECEPTION OF SERVICES AND ACCESS TO PLATFORM** 8.1. The Company commits to deliver the Services within the timeframe agreed upon in these TOU. The Client is informed by email of the Services' completion. 8.2. In the case of a monthly Subscription, the Client will be provided with an identifier and a password allowing access to their Client Space immediately upon Order validation. The Client is responsible for maintaining the confidentiality and security of their identifiers. The Client must immediately inform the Company of any unauthorized use of their identifiers. The Company cannot be held responsible for any loss or damage resulting from the Client's inability to protect their access identifiers to the Client Space. 8.3. The Client must ensure that the information provided to the Company is correct and remains so until complete reception of the ordered Service(s). The Client thus agrees to inform the Company of any change in billing information that may occur during or after an Order by sending an email to the Company's email address without delay. Otherwise, in case of delay and/or error, the Client cannot engage the Company's responsibility. 8.4. The Company will not be responsible if the non-receipt of the Services is due to a third party outside its intervention. **9. ASSISTANCE SERVICE** 9.1. Following any Subscription or One-Time Purchase, the Client can contact the Company's customer service for any assistance, clarifications, or for any claim. 9.2. The Company's Client Service is accessible from Monday to Friday from 9 am to 7 pm, and on Saturday from 10 am to 3 pm (France time). **10. CLIENT OBLIGATIONS** 10.1. The Client agrees to comply with these TOU. 10.2. The Client agrees to use the Website and Services in compliance with the Company's instructions. 10.3. The Client agrees to refrain from: - Using the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOU. - Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing any or all of the content on the Website or decompile, disassemble, disassemble, modify, display in readable form by the Client, attempt to discover any source code or use any software enabling or including any part of the Website. - Attempting to gain unauthorized access to the Website's computer system or engaging in any activity that disrupts, diminishes the quality or interferes with the performance or impairs the functionality of the Website. - Using the Website for abusive purposes by voluntarily introducing viruses or any other malicious program and attempting to access the Website in an unauthorized manner. - Infringing the Company's intellectual property rights and/or reselling or attempting to resell the Services to third parties. - Demeaning the Website and/or the Services as well as the Company on social networks and any other means of communication. 10.4. If, for any reason, the Company considers that the Client does not comply with these TOU, the Company may at any time, and at its sole discretion, delete their access to the Website and take all measures, including any civil and criminal judicial action against them. **11. WAIVER OF LEGAL WITHDRAWAL RIGHT - CANCELLATION AND REFUND OF A SUBSCRIPTION** 11.1. In accordance with Article L.121-25 of the Consumer Code, the Client acknowledges that the execution of the Services provided by the Company will be carried out before the end of the legal withdrawal period and consequently expressly waives their right of legal withdrawal. 11.2. The Client nonetheless has a period of forty-eight (48) hours from the Order validation within the framework 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 installments of their Subscription to the Company if they are not satisfied with the Services offered by the Company. Clients wishing to exercise this refund facility must also contact the Company via phone, chat, or email to request the refund of any monthly Subscription. 11.4. In the case of cancellation of the monthly Subscription before the end of the forty-eight (48) hour Trial Period or in case of exercising the “Satisfied or Refunded” option, the Client will be refunded by the same payment method used for the initial Order. The Company cannot be held responsible in case of a change in the Client's banking details since the date of the Order rendering the Client's refund impossible. In such a situation, the Client is invited to contact the Company to agree on another refund method or to contact their banking institution. The Company will also not be required to refund the Client if it is found that they are at the origin of bank fraud, consisting in particular of a false declaration of loss or theft of their bank card following the purchase of a Service on the Website. In such a situation, the Client will remain liable for paying all amounts due to the Company. **12. TERMINATION OF MONTHLY SUBSCRIPTION** 12.1. Any subscription to a monthly plan by the Client is granted for an indefinite period and without a term commitment. The Client can terminate their monthly Subscription at any time by notifying the Company of their termination intention by email, chat, or phone, or by proceeding themselves to termination from their Client Space or on the Website. 12.2. Any termination will take effect from the end of the ongoing month's subscription, which remains due. From the effective termination date, the Client no longer has access to the Client Space or Services. **13. LIABILITY** 13.1. The Company takes all necessary measures to ensure that the Client receives quality Services under optimal conditions. However, it can under no circumstances be held liable for any failure or improper execution of all or part of the services provided for in the Order, which would be attributable either to the Client or to an unforeseeable and insurmountable fact of a foreign third party to the Order, or force majeure. More generally, if the Company's liability were involved, it could not accept to compensate the Client for direct or indirect damages or whose existence and/or quantum would not be established by evidence. 13.2. The Company will make every effort to ensure that the Website remains accessible 24 hours a day, 7 days a week, but it cannot in any way be held liable for unavailability related to the inherent constraints of Internet operation, maintenance operations, any failure or bug, or any event beyond its control or force majeure beyond the reasonable control of the Company. 13.3. The Website may contain links to other sites that are not published or controlled by the Company, which cannot be held responsible for the operation, content, or any element present or obtained through these sites. 13.4. The creation of such links or reference to any information, articles, or services provided by a third party, cannot and should not be interpreted as an express or implied endorsement, by the Company, of these sites and these elements nor their content. 13.5. The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising, products, and other information disseminated on these websites. 13.6. It is expressly stipulated that the Company can under no circumstances be held responsible, in any way whatsoever, if the Client's computer hardware or email rejects, for example, due to a spam filter, the emails sent by the Company including, but not limited to, the copy of the payment ticket or the order summary. **14. PERSONAL DATA** 14.1. According to the law of January 6, 1978, relating to data processing, files, and freedoms, as amended, the Client is informed that the Company carries out the collection and processing of their personal data to allow them to process and execute their Order(s) placed on the Website. 14.2. These mandatory answers, where failure to respond would block the ordering process on the Website, are as follows: first name, last name, email address. 14.3. The Client is informed that their personal data may be transferred to service providers, especially hosting providers established outside the European Union. The Company has signed data transfer agreements with these providers containing standard contractual clauses approved by the European Commission. 14.4. The Client has the right to object, access, rectify, and delete personal data concerning them, as well as a right to object on legitimate grounds, which they can exercise under the conditions provided by law by sending an email to the Company at the address contact@ai-chatpro.com specifying their name, first name, email address, and order number. 14.5. No Client information will be transmitted to third parties, except to the Company's service providers solely for the maintenance and hosting of the Website and Order fulfillment and within the limit of the information strictly necessary for these tasks. 14.6. In accordance with the CNIL deliberation No. 2013-378 of December 5, 2013, the Company also informs the Client that cookies record certain information stored in the memory of their hard drive. This information is used to generate audience statistics for the Site and to offer Services according to the Services they have already selected during their previous visits. An alert message in the form of a banner asks each person visiting the Website whether the Client wishes to accept cookies in advance. These cookies do not contain any confidential information about the Site's Clients. 14.7. The Client arriving on the homepage or another page of the Website directly from a search engine will be informed. - The precise purposes of the cookies used; - The possibility of opposing these cookies and changing the settings by clicking on a link present in the banner; - And the fact that continuing their navigation amounts to agreeing to cookies being placed on their terminal. 14.8. To ensure the Client's free, informed, and unequivocal consent when visiting the Website, the banner will not disappear until they have continued their navigation. 14.9. Except with the Client's prior consent, the placing and reading of cookies will not be carried out: - if the Client visits the Website (home page or directly on another page of the Site, for example, from a search engine) and does not continue their navigation: simple inaction cannot indeed be considered a manifestation of will; - if they click on the link provided in the banner allowing them to configure cookies and, if applicable, refuse the placement of cookies. **15. INTELLECTUAL PROPERTY** 15.1. All the elements of the Site are protected by copyright, trademark law, design and model law, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All rights are reserved for the whole world. 15.2. The Company's name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company. 15.3. No title or right to any element or software will be obtained by downloading or copying elements of the Website. It is strictly prohibited for the Client to reproduce (except for their personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Website and the elements and software it contains, as well as modify or carry out any work taking them as a basis, nor sell or participate in any sale related to this Website, the elements of this Website nor any related software. 15.4. The Company grants the Client a non-exclusive license to use the Website. This license is strictly personal and cannot be assigned or transferred to any third party under any circumstances. The license is granted for the duration of the Website's use and the Simple Documents and Personal Documents made available to the Client. 15.5. This Website may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content, or any element present or obtained through these sites. The creation of such links or reference to any information, articles, or services provided by a third party cannot and should not be interpreted as an express or implied endorsement, by the Company, of these sites and these elements nor their content. 15.6. Any questions or comments regarding another site should be addressed to the operators of these sites. No link to this Website is authorized without the express prior written consent of the Company. 15.7. Any use by the Client of corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited except in the case of express prior agreement by the Company. **16. NEWSLETTER** 16.1. By checking the box provided for this purpose or expressly giving their consent for this purpose, the Client agrees that the Company may send them, at a frequency and in a form determined by the Client, a newsletter that may contain information about its activity. 16.2. When the Client checks the box provided for this purpose in the registration process on the Website to place the Order, they accept to receive commercial offers from the Company for services similar to those ordered. 16.3. The Client will have the option to unsubscribe from newsletters by clicking on the link provided for this purpose, present in each newsletter. **17. APPLICABLE LAW AND JURISDICTION** 17.1. These TOU are governed and interpreted in accordance with Spanish law, without regard to principles of conflict of laws. 17.2. In the event of a dispute that may arise regarding the interpretation and/or execution of these TOU, 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 can notably contact the Paris Mediation and Arbitration Center. The Client acknowledges that before undertaking any mediation process, they must first contact the Company via phone, chat, or email at: contact@ai-chatpro.com to assert their Refund option right (see 11.3. Exercise of the “Satisfied or Refunded” option). 17.3. In the event of failure of this mediation procedure or if the Client wishes to bring a case to a court, the rules of the Code of Civil Procedure will apply.