General Terms and Conditions of Use of ClipDrop

Entry into force:  June 21 2022

1. Identification of the Company

The company INIT ML is a French simplified joint-stock company ("Société par Actions Simplifiée"), registered under number 885 384 289 with the Registry of Trade and Companies of Bobigny, whose head office is located at 211 rue Etienne Marcel, 93100 Montreuil - France ("CLIPDROP" or the “Company”).

The Company can be contacted at the following contact details :

•  e-mail address: contact@initml.co,
•  telephone number: +1 (628) 213-7117

2. Services provided

The Company offers its users (the “Users”) a solution enabling them, in particular (i) to capture images or texts from a computer or/and photographs of real objects taken with a phone and add them directly to a computer program to make montages or (ii) to edit photos (the “Services”).

3. General terms and conditions

These general terms and conditions (the “General Terms and Conditions”) define the terms and conditions of use of the Services and the obligations of the parties in this context.

The use of the Services by the User implies his acceptance of the General Terms and Conditions, without restriction or reservation.

They may be supplemented by special conditions which, in the event of contradiction, shall prevail over the General Terms and Conditions.

4. Conditions of access to Services

4.1 Legal capacity

The Services can be accessed by any person having the full legal capacity. Any person who does not have such full legal capacity may only access the Services with the agreement of their legal representative.

4.2 Users

The Services are intended for consumers, understood as any natural person who acts for purposes that do not fall within the scope of his professional activity.

5. Access to Services

The User can access Services directly via the website accessible at the following address (clipdrop.co) (the “Website”).

6.  Description of the Services

6.1 The Services

Before any online subscription, the User acknowledges that he/she can take note of the characteristics of the Services and their restrictions, especially technical ones on the Website.

The User acknowledges that the use of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which the Company is not responsible.

The Company reserves the right to propose any other Service.

6.2 Additional services

6.2.1 Maintenance

For the duration of the Services, the Users benefit from maintenance, in particular corrective and ongoing maintenance. Within this framework, access to the Website may be limited or suspended.

6.2.2 Hosting of the Website

The Company provides, under the terms of an obligation of means, the hosting of the Website, as well as of the data produced and/or entered by/on the Website, on its servers or via a professional hosting provider, and on servers located within the European Union.

7. Financial conditions

Services are provided free of charge within the limits of the terms and conditions described on the Website and in particular at the following address: https://clipdrop.co/pricing.

The Company's prices may be revised at any time under the conditions of the article "Modification of the General Terms and Conditions".

8. Property rights

The Website is the Company’s property, as are the software, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, brands, etc.) provided by the Company. They are protected by all intellectual property rights or database producers’ rights in force. The license granted by the Company to the User does not entail any transfer of ownership.

The User benefits from a non-exclusive and non-transferable SaaS license to use the Website for the term set out in the article “Term of the Services”.

9. User’s obligations and liability

The User is responsible for his use of the Services and for any information he shares in this context. He/She undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.

The User shall not misuse the Services for purposes other than those for which they were designed, and in particular to:

• carry out illegal or fraudulent activity,
• harm public order and good morals,
• infringe third parties or their rights in any way whatsoever,
• violate a contractual, legal or regulatory provision,
• engage in any activity that may interfere with a third party’s computer system, in particular, to violate its integrity or security,
• research/development of artificial intelligence (in particular generation of training data),
• carry out maneuvers aimed at promoting its services and/or sites or those of a third party,
• helping or inciting a third party to commit one or more of the acts or activities listed above.

The User is also prohibited from:

• copying, modifying, or misappropriation of any element belonging to the Company or any concept that it exploits in the context of the Services,
• engaging in any behavior that interferes with or hijacks the Company’s computer systems or harms its computer security measures,
• harm Company’s financial, commercial, or moral rights and interests,
• market, transfer, or give access in any way whatsoever to the Services, to the information hosted on Applications or API, or to any element belonging to the Company.

The User is solely responsible for the content of any kind that he/she uploads, stores or creates as part of the Services (the "Content").

The User is prohibited from downloading or producing, via the Services, any Content (this list is not exhaustive):

• infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist),
• infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
• prejudicial to third parties in any way whatsoever,
• misleading, deceptive, or proposing or promoting illegal, fraudulent, or deceptive activities
• harmful to the computer systems of third parties.

The User acknowledges and accepts that Content of a personal or confidential nature is downloaded, stored, and carried out under his/her sole responsibility. The Company shall not be held liable in any way in this respect.

The User indemnifies the Company against any claim and/or action that may be brought against it as a result of the breach of any of the User’s obligations. The User shall indemnify the Company for any loss suffered and reimburse it for any sums it may have to bear as a result.

10. Company’s obligations and liability

10.1 Regarding the quality of the Services

The Company undertakes to provide the Services with diligence, being specified that it is bound by an obligation of means.

The Company makes every effort to provide the User with quality Services. To this end, it regularly carries out checks to verify the operation and accessibility of its Services and may thus carry out maintenance under the conditions specified in the "Maintenance" article.

However, the Company shall not be liable for temporary difficulties or impossibilities of access to its Services caused by :

• circumstances outside its network (and in particular the partial or total failure of the User's servers)
• the failure of equipment, cabling, services, or networks not included in its Services or not under its responsibility,
• the interruption of the Services due to telecom operators or Internet access providers,
• the intervention of the User, in particular via a poor configuration applied to the Services,
• a case of force majeure.

The Company is responsible for the operation of its servers, the external limits of which are constituted by the connection points.

Furthermore, it does not guarantee that the Services :

• subject to constant research to improve performance and progress, will be free of errors, defects, or faults,
• being standard and in no way offered according to the User's personal constraints, will specifically meet his needs and expectations. In particular, certain photographs or images of objects may not be compatible with the Website. The Company cannot be held responsible for a defect in the quality of the montage or photos.

10.2 Regarding the service level guarantee of the Website

The Company does not offer any guarantee of the level of service of the Website.

However, the Company makes its best efforts to maintain 24/7 access to the Website except in the event of scheduled maintenance under the conditions defined in the "Maintenance" article or in the event of force majeure.

10.3 Regarding data backups on the Website

The Company shall use its best efforts to back up any data stored on the Website or any other data produced by/on the Website.

However, the Company shall not be liable for any loss of data, except in case of the Company’s proven faults.

10.4 Regarding data storage and security

The Company provides sufficient storage capacity for the use of the Services.

The Company makes its best efforts to ensure the security of the data by implementing measures to (i) protect its infrastructure and the Website, (ii) detect and prevent malicious acts, and (iii) recover data.

10.4 Regarding the downloading, creation, and storing of Content

The Company acts as a hosting provider for the Content that the User downloads, stores or produces. Consequently, it is not responsible for this Content.

If the Company receives a notification concerning an illicit Content, it will act promptly to remove it or make it impossible to access, and it may take the measures described in the article "Sanctions for default".

11. Company's limitation of liability 

The Company’s liability is limited to proven direct damage suffered by the User as a result of the use of the Services.

Except for personal injury, death, and gross negligence, and subject to having made a claim by registered letter with acknowledgment of receipt, within one month following the occurrence of the damage, the Company's liability may not be incurred for an amount greater than the amounts it received during the 12 months preceding the event giving rise to liability or the duration of the provision of its Services, if this duration is shorter.

12. Processing of personal data

The Company practices a policy of protection of personal data, the characteristics of which are detailed in the document Privacy Policy, which Users are expressly invited to read.

13. Term of Services

The User may stop using the Services at any time.

14. Sanctions for default

In the event of a breach by the User of the obligations set out herein, the Company may suspend the User's access to the Services.

15. Change of the General Terms and Conditions

The Company may modify its General Terms and Conditions at any time. The modified General Terms and Conditions are applicable as soon as they come into force. The User is therefore invited to regularly consult the latest version of the General Conditions on the Website.

16. Mediation

In case of a dispute relating to the execution of the present General Terms and Conditions between the Company and the User, the latter has the right to use, free of charge, the services of a consumer mediator with a view to an amicable resolution.

To this end, the User may contact the following consumer mediator:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)

Postal address: 14 rue Saint Jean 75017 Paris - France

Number: 01 89 47 00 14

https://www.cm2c.net

If the User is a foreign consumer but located in the European Union, they can go to the European platform for the settlement of consumer law disputes accessible here.

17. Law

These General Terms and Conditions are governed by French law.