GENERAL CONDITIONS OF USE AND SALES

ARTICLE 1: PURPOSE OF THE GENERAL CONDITIONS AND DEFINITIONS

 

These conditions apply to all contracts concluded between French Lab SAS, 122 rue Amelot, 75011 Paris, France and its customers and/or partners.

 

Definitions:

 

- French Lab: designating the company French Lab SAS, 122, rue Amelot 75011 Paris, France

- French Lab Chatbot: designates all of the teaching content owned and operated by French Lab using the Facebook Messenger chatbot technology.

- Platform: refers to the web application hosted under the url  application.frenchLab.io 

- Services: designating access to the French Lab chatbot and the platform provided by French Lab SAS,
  122, rue Amelot 75011 Paris, France

- Site: designates the website https://www.Frenchlab.io as well as the associated pages

- User: refers to any natural person using the French Lab chatbot and/or the platform.

- Visitor: refers to any natural person visiting the site

- Partner: refers to the legal person operating the French Lab chatbot and/or the platform

- Order: sales between a user and French Lab guaranteeing access to the services

 

ARTICLE 2 - LEGAL INFORMATION

 

Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article provides for the identity of the various stakeholders in the context of its implementation and monitoring. 

 

By accessing or using the Site and/or Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you must not access the Website or use any of the Services. Read these Terms carefully before accessing or using our Site or Services.

 

You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, and to use the Services. If you are under the age of majority, you may only use the Services with the consent of your parents or legal guardian. You are not authorized to use this Site and/or to take advantage of our Services if it is prohibited in your country, or by a law or regulation which is applicable to you.
 

ARTICLE 3. ACCESS, REGISTRATION AND USE OF THE SERVICES

 

3.1 User access to the Chatbot French Lab

 

To access the French Lab chatbot, the users must, from their personal Facebook account, go to the Facebook Messenger link and start a conversation with the FrenchLab.io Facebook page or from the Facebook page managed by the partner. By clicking on the ‘Get started’ button on the Facebook Messenger home screen, the user agrees to use the French Lab chatbot only for the purposes authorized by the T&Cs.

 

3.2 Free services and paid services

 

Subject to the contractual conditions agreed in each Order, French Lab grants the User access to the French Lab chatbot and the platform, as specified by the Order. Certain Services may be offered free of charge with limited access and functionality (“Free Services”). The services known as “paid services” guarantee unlimited access to the French Lab chatbot and to all the features of the platform, for a period as specified in the Order.

 

French Lab has the right to downgrade, limit or modify the Free Service at any time and without notice. No guarantee, indemnity, maintenance or assistance (as defined below) and availability obligation of French Lab will apply to the Free Services. The Free Services do not constitute a guarantee of the (future) functionalities of the Paid Services and the User must not make a purchase of Paid Services on the basis of these Free Services.

3.3. Registrations, User Account and Conclusion of an Order

 

Without a User account, the User can only access the free Chabot French Lab service.

 

To be able to use paid services, the User is required to create a User Account on the platform by accepting these Conditions and entering certain personal information.

 

The offer of Paid Services offered by French Lab is non-binding. By placing an Order, the User makes an offer to conclude a contract with French Lab. The ordering process includes the following steps: choosing an option, selecting a subscription, inserting the relevant data and selecting the means of payment and validating the Order by clicking on the order confirmation button. The User's offer only becomes irrevocable and forms a contract for both parties when French Lab confirms acceptance of the offer in an email (“Order Confirmation”). The Order Confirmation also includes detailed information about the User's Order and an Order number.

 

3.4. Unsubscribe

 

The regularly registered User may at any time request to unsubscribe by going to the dedicated space in the 'Home' tab of the platform. Any unsubscription will be effective immediately after the User has clicked on the 'cancel account' button. Unsubscribing is limited to the deletion of the account and the data relating to it. This step does not in any way involve the reimbursement of the order made.

 

3.5. Rights of Use

 

Subject to the contractual conditions of the Order, French Lab grants the User, for the duration defined by the Order, a right and a license to use the Services, non-exclusive, non-transferable and non-licensable, worldwide. entire and solely for the User's private use (“License”). The Services are offered in accordance with the corresponding description on the French Lab website.

 

Except as expressly permitted by these Terms, you must not:

1. use our Services in any unlawful or fraudulent manner (including violation of any third-party rights) or for such purposes, to collect personally identifiable information or to impersonate other users;

2. modify or use our copyright, trademark or other proprietary rights notices, or interfere with the security features of our services;

3. use our services in any way to manipulate or distort, or undermine the integrity and accuracy of any content, or take any action to interfere with, damage, disrupt any part of our services;

4. use our services to send, receive, upload/post, download, any material that does not comply with our content standards;

5. use our services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional materials;

6. use our services to transmit data, or upload data to our services, that contains viruses, Trojan horses, worms, bombs timers, keyloggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware;

7. (vii) use any robot, spider, other automatic device or manual process to monitor or copy our site or other web pages or the content of our services, or use network monitoring software to determine the architecture of our services or extract usage data from them;

8. (viii) engage in conduct that restricts or inhibits any other user from using or enjoying our services;

9. use our services for commercial purposes or in connection with any commercial activity carried out, without obtaining our prior written consent;

10. configure the Services to collect (i) any data defined as sensitive personal data or “special category of data” within the meaning of the EU General Data Protection Regulation (“GDPR”) or any law or applicable national data protection regulations; (ii) passwords or other identification data; (iii) payment data or other financial, biometric or genetic data; or (iv) data relating to a person under the age of sixteen (16) (collectively, “Prohibited Data”).

 

You agree to fully cooperate with us in investigating any suspicious or actual activity that violates these Terms of Service.

 

The User must not duplicate, process, distribute, share or use for public reproduction any content of the Services without the prior written consent of French Lab, unless expressly authorized by the sharing options that may be integrated into the Services. French Lab may monitor the User's use of the Services and may prohibit and/or suspend any use of the Services that it deems to be in violation of this section.

 

3.6. Availability of Paid Services

 

Subject to the contractual conditions of the Order, French Lab provides the User with paid Services.

 

French Lab undertakes to make reasonable efforts to make the Paid Services available to the User on the Internet, but at least at the rate of ninety-nine point five percent (99.5%) per calendar year (based on a twenty-four (24) hour per day, seven (7) day per week basis), excluding (a) any temporary unavailability for scheduled or unscheduled Maintenance work, whether by French Lab or by third-party service providers, and (b) any unavailability for reasons beyond the reasonable control of French Lab. French Lab undertakes to make reasonable efforts to provide advance notice of any scheduled service interruption.

 

The user acknowledges and accepts that the availability of the services requires access to or use of a third-party platform. : Facebook. French Lab can in no way be responsible for the proper functioning of this platform, the content present on this platform, nor for the modification or disappearance of the said platform.

 

3.7. Duration and Termination

 

Any Order begins on the date specified therein.

 

The parties' right to immediately terminate any Order exists for cause if (a) a party commits a material breach of the Order and such breach has not been remedied within thirty (30) days of receipt a written notification to this effect (a simple e-mail is sufficient); (b) the User is in default of payment for more than forty-five (45) days; (c) the User violates the restrictions of use provided for in the section “D. Obligations of the User”; or (d) the User ceases to pay his installments or suffers a significant deterioration in his financial situation.

 

3.8. Limited Warranty for Paid Services

 

French Lab warrants that the Paid Services will, in all respects, conform to the functionality described on the FrenchLab.io website. In the event of a breach of this warranty, French Lab will be required to make commercially reasonable efforts to modify the Paid Services in order to make them compliant. If French Lab is not able to materially restore this functionality within thirty (30) days from the date of written notification of the said violation, the User shall be entitled to terminate the Order upon written notification and receive a pro-rata refund of unused Fees that have been paid in advance (if any) for unused access to the Paid Services. The User must inform French Lab in writing of any breach of the warranty and the User must have installed and configured the Services in accordance to the recommendations of French Lab to be able to benefit from the aforementioned remedy.
 

ARTICLE 4 - LIMITATION OF LIABILITY

 

French Lab is liable without restriction:

  • damage to life, body or health caused by French Lab, its legal representatives or its employees;

  • damage caused intentionally or by gross negligence by French Lab, its legal representatives or agents;

  • damage resulting from the absence of any warranted feature;

  • claims falling within the scope of French product liability law.

 

French Lab is also liable for damages resulting from a breach of its essential obligations under these Conditions, whether the breach emanates from French Lab, its legal representatives or its employees. The essential obligations are the basic obligations which constitute the essence of the Order and which the User can rely on. If the breach of these essential obligations is due to simple negligence on our part, its legal representatives or its agents, French Lab's liability is limited to an amount of compensation corresponding to the damage foreseeable by us at the time of the performance of the relevant Service.

 

To the fullest extent permitted by applicable law, and subject to the grounds of liability set out above, we disclaim all liability for any amount or kind of loss or damage which may arise to you or any third party (including any direct loss or indirect and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Website, the Services and their content, (ii) use, inability to use or the results of using these Services.

 

We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code.

We do not guarantee the User's progress in learning French using the Services. Any other liability of French Lab not defined in this section is excluded in substance.

ARTICLE 5 - CONTACT

 

For any question or request for information concerning the Services, or any report of illegal content or activities, the user may contact the publisher at the following e-mail address: info@frenchlab.io or send a registered letter with acknowledgment of receipt to: French Lab - 122 rue Amelot, 75011 Paris.

 

ARTICLE 6 - ACCEPTANCE OF THE TERMS OF USE

 

Access to and use of the Services are subject to acceptance and compliance with these General Terms and Conditions of Use.

 

French Lab reserves the right to modify, at any time and without notice, the Services as well as these T&Cs, in particular to adapt to changes in the Services by providing new functionalities or deleting or modifying existing functionalities. .

 

It is therefore advisable for the user to refer before any navigation to the latest version of the T&Cs, accessible at any time on the FrenchLab.io website. In case of disagreement with the T&Cs, no use of the site can be made by the user.

 

ARTICLE 7 - RIGHT OF WITHDRAWAL

 

7.1. Right of Withdrawal

 

You have the right to withdraw from this contract within fourteen (14) days without giving reasons.

 

The withdrawal period expires after fourteen (14) days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform French Lab (email: info@frenchlab.io) of your decision to withdraw from this contract by an unequivocal declaration.

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

7.2. Effects of withdrawal

 

If you exercise your right of withdrawal in relation to this contract, we will reimburse you for all payments received from you, without undue delay and in any event no later than fourteen (14) days from the day on which we were informed of the your decision to withdraw from this contract. We will make this refund using the same means of payment that you used for the initial transaction; in any case, you will not have to bear any costs as a result of this reimbursement.

 

7.3. End of the Notification of your Right of Withdrawal

 

The User expressly accepts that French Lab begins the execution of the contract before the end of the withdrawal period. The User acknowledges that by giving his consent, he will lose the right to withdraw from the contract as soon as French Lab has begun to perform this contract.

 

ARTICLE 8 - SITE MANAGEMENT

 

For the proper management of the Services, the publisher may at any time:

  • Suspend, interrupt or limit access to all or part of the Services, to a specific category of Internet user;

  • Delete any information that could disrupt its operation or contravene national or international laws, or the rules of Etiquette;

  • Suspend the Services in order to make updates.

 

ARTICLE 9 - HYPERTEXT LINKS

 

The Services may contain hypertext links pointing to other sites over which French Lab has no control. Despite the prior and regular checks carried out by French lab, it declines all responsibility for the content that can be found on these sites.

 

Users undertake not to publish on all the Services hypertext links pointing to sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.

 

French Lab reserves the right to have a hypertext link pointing to one of its Services removed at any time if we deem it not to comply with our editorial policy.

 

ARTICLE 10 - CONFIDENTIALITY AND DATA PROTECTION

 

French Lab’s processing of personal data is described in French Lab's privacy policy which can be viewed HERE (link).

 

ARTICLE 11 - INTELLECTUAL PROPERTY

 

Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music , videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are the property of French Lab and are protected as such by the laws in force under intellectual property.

 

Any representation, reproduction, adaptation or partial or total exploitation of the content and our Services, by any process whatsoever, without the prior, express and written authorization of French Lab, is strictly prohibited and could constitute an infringement within the meaning of articles L.335-2 and following of the Intellectual Property Code. And this, with the exception of elements expressly designated as free of rights on the site.

Access to the Services does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the Services, which remain the exclusive property of French Lab.

  

ARTICLE 12 - APPLICABLE LAW

 

These Terms are governed by and construed in accordance with the laws of France, excluding conflict of law rules. If you wish to draw our attention to a subject, a complaint or a question concerning our website and our Services, contact us: info@frenchlab.io.

 

If, after contacting us, you believe that the problem is not resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Code of the consumption. To submit your request to the consumer mediator, complete the online dispute resolution form accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

It is brought to the user's attention that the last update of these General Conditions of Use took place on 09/29/2022.