AmD Expertise, a limited liability company with share capital of 1,000 euros, registered with the Lyon Trade and Companies Registry under number 900356023, whose registered office is located at 313 rue Garibaldi, 69007 Lyon (hereinafter referred to as "AmD Expertise"), publisher and operator of the "serpmantics.com" website (hereinafter referred to as the "Site"), has drawn up these general terms and conditions of sale and use (hereinafter referred to as the "GCS-CGU"), governing access to and use of the Site.
They also set out the terms and conditions under which AmD Expertise agrees to provide the digital content (hereinafter the "Content") and digital services (hereinafter the "Services") presented on the Site.
ARTICLE 1. ACCEPTANCE OF THE CGV-CGU
Prior to any use of the Site or purchase of Content and Services on the Site, you acknowledge that you have read these GCS-GU and accept them without restriction or reservation.
You declare that you are legally capable of entering into a contract.
These CGV-CGU also apply to any declination or extension of the Site on existing or future social or community networks or applications.
We recommend that you download and/or print them for future reference.
ARTICLE 2. SITE ACCESS
To access the Site, you must have terminal equipment connected to the Internet. You are responsible for all costs relating to your digital environment (hardware, software and network connection), in particular Internet connection costs.
AmD Expertise may refuse access to the Site to any person who does not comply with these GCS-GU.
ARTICLE 3. REGISTRATION
Access to the Content and Services requires the creation of a personal account. Each account is unique and cannot be shared. Each person may create a single account.
Registration is free of charge. Simply fill in the online form provided. To do so, you must provide the following information:
- First name
- Email address
- Password
You agree to provide accurate and truthful information about yourself.
A confirmation e-mail is then sent to the address indicated, with a summary of your connection information.
The connection identifier is personal and may not be used by several people, nor assigned, rented or transferred in any way whatsoever.
The password is confidential and must not be communicated to a third party. It can be changed from your personal space. You must take all necessary measures to protect your password.
You also agree to inform AmD Expertise, by any means and as soon as possible, if you notice or suspect any fraudulent or unauthorized connection to your account.
You may request unsubscription and deletion of your account at any time, from your personal space, or by e-mail to the following address: contact (arob@se) serpmantics (point .) com.
AmD Expertise reserves the right to delete your account without prior notice in the event of any violation of these GTC-CGU, and in particular:
- In the event of use contrary to current legislation ;
- In the event of fraudulent use or usurpation of a third party's identity;
- In the event of infringement of the rights of AmD Expertise or a third party.
AmD Expertise may also delete your account if it is inactive for more than one (1) year.
ARTICLE 4. CONTENT AND SERVICES
1. Presentation
The essential characteristics of the Content and Services offered are presented on the Site.
You acknowledge that you have read this information before ordering.
2. Compatibility
To use the Content and Services, you must have a compatible digital environment (hardware, software and network connection).
System requirements :
Computer and/or smartphone with recent, compatible web browsers
ARTICLE 5. ORDERS
Orders are placed online via the Site.
To place an order, please follow the steps below:
He/she must choose the subscription to which he/she wishes to subscribe and pay via our payment partner
Once payment has been accepted, the order is validated as soon as possible by sending an acknowledgement of receipt by e-mail to the address you have chosen.
ARTICLE 6. SUBSCRIPTION
1. Subscription
You can benefit from Content and Services for a certain period of time by taking out a subscription (hereinafter "Subscription").
The Subscription formulas offered and the characteristics of the Content and Services included are shown on the Site.
Subscriptions are payable in advance. It is activated after validation of your payment method. You will receive a confirmation e-mail.
Each account is unipersonal. Account sharing is prohibited.
2. Duration and renewal
The duration and expiry date of your Subscription are indicated when you subscribe. You can consult this information at any time in your personal space.
In the absence of cancellation, the Subscription is automatically renewed, for the same duration and according to the pricing conditions in force.
By subscribing, you expressly agree to the recurring payment of your Subscription and you accept to be debited for the amount corresponding to each renewal.
3. Trial offers
AmD Expertise may propose promotional trial offers, subject to these GCV-CGU and to the specific conditions of the offer.
These offers are reserved for people taking out a Subscription for the first time.
If you subscribe to a trial offer, you can terminate it at any time, free of charge.
AmD Expertise reserves the right to delete or modify the trial offers available on the Site at any time.
4. Cancellation
You may cancel your Subscription at any time, free of charge, from your personal space, or by e-mail to: contact (arob@se) serpmantics (point .) com.
Once the request has been made, an e-mail confirming the cancellation will be sent to you as soon as possible.
Payments made are non-refundable.
Termination takes effect at the end of the current period.
AmD Expertise reserves the right to terminate or suspend your Subscription, automatically and without notice, in the following cases:
- in the event of non-payment of a single instalment ;
- in the event of failure to update your payment information ;
- in the event of any breach of these GCS-GU.
5. Plans and subscriptions
Plans and subscriptions are presented on the website and in the application. Each plan shows the features included and the monthly price excluding VAT. VAT will be applied to payment in accordance with applicable laws. Each plan offers a different number of credits. One credit corresponds to one copywriting and semantic optimization guide for a given query.
It is forbidden to share an account, with or without remuneration.
Shared guides may not be sold, regardless of the form of remuneration. The sharing feature is not a substitute for obtaining an individual account for users of the tool.
6. Reasonable use
The "Conqueror" plan offers an unlimited plan with a reasonable usage limit. The purpose of this limitation is to prevent one user's abuse from affecting the experience of other customers. The normal usage limit is set at 200 guides/month. Once this limit has been reached, the creation of guides will still be possible, but at a slower pace (non-priority generations).
It is possible to increase the priority generation limit. Contact support for assistance.
ARTICLE 7. SUPPLY
The Content and Services are available in the following zone: World.
The Content and Services are made available to you as soon as payment has been accepted, by sending a link to the address you have chosen, enabling you to access them online.
You undertake to keep this link strictly confidential and not to communicate it in any form whatsoever to a third party.
Payments made are non-refundable, regardless of the duration of use of the Content and Services.
ARTICLE 8. FINANCIAL CONDITIONS
1. Awards
Prices are indicated on the Site in euros, exclusive of tax. At the time of payment, the VAT in force on the day of the order will be added.
AmD Expertise reserves the right to modify them at any time. The price applied is that in force at the time of order confirmation.
If you have taken out a Subscription, you will be notified of any price change at least one (1) month before it comes into effect.
Exceptionally, in the event of an erroneous indication of an obviously derisory price in relation to the real value of the article, the order may be cancelled.
2. Payment
Payment is made in cash, by credit card via a secure system.
Your payment is debited when you order.
Any refusal to pay or partial payment will result in automatic cancellation of the order, of which you will be informed by e-mail.
You expressly agree to invoices being sent to you in electronic format.
AmD Expertise also reserves the right to refuse any order in the event that you have not paid in full or in part for a previous order or in the event that a dispute is in progress.
The data recorded by AmD Expertise constitutes proof of the transactions concluded on the Site.
3. Payment
Payments made are final and non-refundable, unless otherwise provided by law.
ARTICLE 9. RIGHT OF WITHDRAWAL
1. Legal right of withdrawal
The consumer customer has a legal right of withdrawal under article L221-18 of the French Consumer Code.
You may exercise your right, without having to give reasons, within 14 days from the date :
- The conclusion of the Services contract; or
- Receipt of Content.
To exercise your right, you must inform AmD Expertise of your decision to withdraw by sending, before the expiry of the deadline, the withdrawal form, a model of which is attached below, or any other unambiguous statement expressing your desire to withdraw, to the following address:
313 rue Garibaldi, 69007 Lyon, France
email : contact (at@se) serpmantics (dot .) com
In the event of withdrawal from a Service whose performance has begun, at your express request, before the end of the withdrawal period, you will be liable for an amount corresponding to the service provided up to the communication of your decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount will be calculated on the basis of the market value of what has been supplied.
AmD Expertise will make the refund using the same means of payment as the one used for your purchase, unless you expressly agree that another means of payment may be used and insofar as the refund does not incur any costs for you.
2. Exceptions to the right of withdrawal
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised if :
- For the supply of Services fully performed before the end of the withdrawal period (i) performance has begun with your prior and express agreement and (ii) with your acknowledgement of the loss of your right of withdrawal, when the service has been fully performed;
- For the supply of Content, (i) the supply took place upon validation of the order, before the end of the withdrawal period, with your express agreement, and (ii) with your acknowledgement of the loss of your right of withdrawal.
ARTICLE 10. UPDATES
The Content and Services may be updated or modified in order to maintain, adapt or improve their functionality, including security updates, whether or not such updates are necessary to maintain Product and Service compliance.
AmD Expertise cannot be held responsible for any lack of conformity resulting solely from the non-installation of the updates concerned, if :
- The Customer has been informed of the availability of updates and the consequences of not installing them; and
- Non-installation or incorrect installation of updates is not due to shortcomings in the installation instructions provided to the Customer.
ARTICLE 11. GUARANTEES
AmD Expertise provides the service without any warranty.
ARTICLE 12. RESPONSIBILITIES
AmD Expertise uses its best efforts to provide accurate and up-to-date information and content on the Site, but cannot guarantee the performance, completeness or reliability of such information and content.
AmD Expertise is not responsible for any technical, computer or compatibility problems or failures affecting the availability or use of the Site, due to reasons or circumstances beyond its control.
AmD Expertise is also not responsible for any damage that may result from the use of the Site, including loss of data, deterioration, destruction or viruses that may affect your computer equipment.
ARTICLE 13. INTELLECTUAL PROPERTY
The entire Site, its structure and content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications and software), are protected by copyright and intellectual property rights of AmD Expertise or its suppliers and service providers.
Any unauthorized representation, reproduction, adaptation, modification or use is prohibited and may constitute an infringement under articles L. 335-2 et seq. of the French Intellectual Property Code.
The Content and Services offered on the Site are also protected by copyright and intellectual property rights. Resale, exchange, rental or transfer to a third party is strictly prohibited.
The use of certain Content and Services may be subject to the acceptance of a license agreement which is provided to you at the time of your purchase.
ARTICLE 14. AVAILABILITY
AmD Expertise endeavours to provide access to the Site 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, without guaranteeing any result or minimum level of quality as to its availability.
AmD Expertise may at any time and without notice suspend or limit access to the Site, in order to carry out maintenance, updates, modify its content, or any other action necessary for its proper operation.
ARTICLE 15. HYPERTEXT LINKS
The Site may contain hypertext links to other websites or external sources.
AmD Expertise assumes no responsibility for the information, advertising, products, services or other content available on these external sites or sources.
AmD Expertise authorizes the establishment of hypertext links to the Site, provided that the source site does not contain any illegal, violent or pornographic content, and excluding any use of these links for commercial or advertising purposes. AmD Expertise reserves the right to object.
ARTICLE 16. PERSONAL DATA
As part of its activities, AmD Expertise is committed to processing the personal data of users of its services in a way that respects their privacy and complies with current French and European legislation.
You can find out more about how your data is processed at https://serpmantics.com/confidentialite/.
You acknowledge that you have read them before using the Site.
ARTICLE 17. COOKIES
AmD Expertise uses cookies and other trackers for advertising purposes and to improve your experience on the Site.
More information on how cookies work and how to manage them can be found at: https://serpmantics.com/legal/
ARTICLE 18. FORCE MAJEURE
AmD Expertise cannot be held responsible for any delay or failure to meet its obligations caused by a case of force majeure, as usually defined by the French courts.
ARTICLE 19. MODIFICATIONS
AmD Expertise reserves the right to modify, at any time and without prior notice, the present GCS-GU, in particular to adapt to changes in the Site by making new features available or deleting or modifying existing features.
ARTICLE 20. PARTIAL NULLITY
Should one or more of the stipulations of these GCS-GU be declared null and void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and scope.
ARTICLE 21. CLAIMS - MEDIATION
1. Claim
For any complaint, you can contact AmD Expertise at the following address:
313 rue Garibaldi, 69007 Lyon, France
email : contact (at@se) serpmantics (dot .) com
2. Mediation
For any dispute or disagreement that remains unresolved after a first amicable complaint, you can use FEVAD's consumer mediation procedure.
Information on how to apply is available at: https://www.mediateurfevad.fr/index.php/espace-consommateur/
The solution proposed by the mediator is not binding on the parties, who remain free to withdraw from the mediation process at any time.
The European Commission has also set up an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/
ARTICLE 22. APPLICABLE LAW - DISPUTES
This contract is governed exclusively by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
APPENDIX: Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of AmD Expertise, with registered office at 313 rue Garibaldi, 69007 Lyon, email: contact (arob@se) serpmantics (point .) com,
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.