Terms of sale

This is a courtesy translation of the French text. The French version prevails.

Subscriptions to online services (SaaS) and downloadable digital products — Version 4 in force as of 14 November 2026

Article 1 — Identification of the Seller

The services and products offered on the website https://arketips.fr (the “Site”) are marketed by Dorian DUGUE, sole proprietor (EI), trading as Arketips, registered under SIREN number 131 698 995 (SIRET 131 698 995 00019), whose place of business is located at 60 rue Antonin Perrin, 69100 Villeurbanne, France, email address: contact@arketips.fr, telephone: 07 67 64 76 87 (the “Seller”). VAT not applicable, Article 293 B of the French General Tax Code (Code général des impôts, “CGI”).

Article 2 — Definitions

• Customer: any natural person of full age or legal entity, whether a professional or a Consumer, who places an order on the Site;
• Consumer: any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, professional or agricultural activity;
• Service: an online service accessible by subscription, in particular Boussole;
• Downloadable Product: digital content supplied as a file and run on the Customer’s equipment (scripts, Excel add-ins and templates, VBA macros, executables), in particular the HTML Tools, Excel workbooks and Windows, macOS and Linux applications offered on the Site;
• HTML Tool: a Downloadable Product in the form of a single HTML file, usable offline in a browser, subject to a licence with a term of twelve (12) months;
• Products: all Services and Downloadable Products;
• Subscription: a right of access to the Service for a fixed period, according to the plan chosen;
• Individual Licence: a licence for a Downloadable Product for one (1) named user; Company Licence: a licence for the number of users or workstations indicated when the order is placed, within a single entity;
• Account: the Customer’s personal space on the Site;
• Customer Data: data and content entered, imported or generated by the Customer in the Service, including data obtained from third-party services with the Customer’s authorisation;
• Third-party Services: services provided by third parties and used by the Products or by the Customer, in particular Google application programming interfaces (APIs), email services, the payment provider Stripe and the host of the Service.

Article 3 — Purpose, acceptance and enforceability

3.1 These general terms of sale and use (the “GTSU”) govern the sale of Subscriptions and Downloadable Products and the use of the Products.

3.2 The Customer accepts them by ticking, before confirming the order, the box provided for that purpose, which is not pre-ticked. The applicable version is the one in force on the date of the order; it is communicated to the Customer on a durable medium with the order confirmation.

3.3 The Site is open to professionals and Consumers. When placing the order, the Customer indicates whether he or she is acting as a professional, in which case the Customer provides his or her company name and SIREN number or an equivalent identification number. The provisions of the “Consumers” Annex apply to Consumers and non-professionals and prevail over any contrary provision; provisions expressly reserved for professionals do not apply to them.

3.4 A Customer who is a natural person declares that he or she is of full age and has the legal capacity to enter into contracts.

Article 4 — Account

4.1 Access to the Service requires the creation of an Account. The Customer provides accurate, complete and up-to-date information.

4.2 The Customer is responsible for the confidentiality of his or her login credentials and for any use of his or her Account. The Customer shall inform the Seller without delay of any unauthorised use. Login credentials are personal; the number of authorised users depends on the plan subscribed to, and sharing a single access between several persons is prohibited.

Article 5 — Product information and technical prerequisites

5.1 The essential characteristics, functionalities, compatibility and interoperability of each Product are described on its product page and in the documentation provided with the Product.

5.2 It is for the Customer to check, before placing any order, that the Products are compatible with his or her environment, in particular: browser; Google account holding the necessary rights over the Search Console property or the business listing concerned; version of Microsoft Excel and of the operating system; activation of macros; installation rights on the workstation; compatibility with the security policy of the Customer’s organisation.

Article 6 — Prices

6.1 Prices are shown in euros on the Site; VAT not applicable, Article 293 B of the CGI. The applicable price is the one displayed when the order is confirmed. Any transaction fees charged by payment providers are borne by the Seller.

6.2 The Seller may change its prices at any time. For current Subscriptions, any change is notified to the Customer at least thirty (30) days before it takes effect and applies from the following renewal period. A Customer who refuses it may terminate his or her Subscription before that date, free of charge.

6.3 If the Seller ceases to benefit from the VAT exemption scheme, the prices applicable to professionals shall be increased by VAT at the rate in force; any change to the price paid by a Consumer is subject to Article 6.2.

6.4 In the event of a manifest clerical error in the price displayed (a derisory price or one unrelated to the value of the Product), the Seller may cancel the order and refund the Customer in full within fourteen (14) days, after informing the Customer. Promotional offers are valid within the limits of duration and conditions indicated on the Site.

Article 7 — Orders

7.1 To place an order, the Customer selects the Product or the Subscription plan, checks the order summary (Product, type of licence, term, total price, renewal terms), corrects any input errors, accepts the GTSU, and then confirms the order by means of a button bearing the words “Commande avec obligation de paiement” (“Order with obligation to pay”).

7.2 The Seller acknowledges receipt of the order without delay by email and sends the Customer the order confirmation on a durable medium, including the applicable GTSU. An invoice is sent to the Customer on simple request to facturation@arketips.fr; it is systematically issued to professional Customers.

7.3 The Seller may refuse the order of a Customer with whom there is a dispute concerning payment for a previous order, whose Account has been terminated for breach, or whose information is manifestly incorrect.

Article 8 — Payment

8.1 Payment is made by bank card, compatible digital wallets or PayPal, within the Stripe payment page, Stripe being the only payment provider used by the Seller. Payment data is processed directly by that provider; the Seller has no access to card numbers, does not retain them and does not store any banking data.

8.2 Downloadable Products are payable in full at the time of the order. The price of the Subscription is payable in advance at the beginning of each period, by automatic debit from the payment method on file, which the Customer authorises when subscribing.

8.3 In the event of a payment failure, the Seller informs the Customer. If the situation is not remedied within fifteen (15) days of that notice, access to the Service may be suspended, and the Subscription then terminated thirty (30) days after the suspension. For professional Customers, unpaid sums automatically bear late-payment penalties at a rate of three times the legal interest rate and give rise to the fixed indemnity for recovery costs of forty (40) euros (Articles L. 441-10 and D. 441-5 of the French Commercial Code (Code de commerce)).

8.4 Any payment dispute raised with the card issuer must be preceded by a complaint addressed to the Seller. In the event of an unjustified dispute, the Seller may suspend access to the Products concerned until the matter is regularised; chargeback fees billed to the Seller are borne by professional Customers.

Article 9 — Subscriptions

9.1 The Subscription is taken out for a monthly term from the date of subscription. It is tacitly renewed for periods of the same duration, unless terminated.

9.2 The Customer may terminate his or her Subscription at any time using the “Cancel your contract” feature accessible from the footer of the Site and the Account, or by email to resiliation@arketips.fr; an acknowledgement of receipt is sent immediately and the effective date is confirmed by email within forty-eight (48) business hours. Termination takes effect at the end of the current period, and access to the Service is maintained until that date. The cases in which a refund is due are listed in Article 21.

9.3 An upgrade to a higher plan takes effect immediately, the difference in price being invoiced pro rata for the remaining period; a downgrade to a lower plan takes effect at the next period, with no refund for the current period.

9.4 Boussole Subscriptions. Subscriptions to the Boussole Service are taken out by module (SEO, Google Reviews, SEO Editor) and by option (Integrations, SFTP Export, Email Reports), each with its own expiry date. By derogation from Articles 8.2, 9.1, 9.2 and 9.3, they are taken out for a commitment of six (6) or twelve (12) months, paid in a single payment when the order is placed by bank card via Stripe, with no discount depending on the term and without automatic renewal: no debit is made without a new order from the Customer, and the Subscription ends on its expiry date without any action on the Customer’s part. The price of the commitment is the monthly price multiplied by six (6) or twelve (12). The monthly prices are as follows, in euros, VAT not being applicable (Article 293 B of the CGI), so that the price including all taxes is equal to the price excluding tax:

• SEO (one main domain per organisation, subdomains included): €10 per month, i.e. €60 for six (6) months or €120 for twelve (12) months;
• Google Reviews: €15 per month for up to five (5) tracked locations, then €10 for each additional block of five (5) locations, calculated on the locations tracked at the time of payment;
• SEO Editor: €15 per month, up to a limit of two hundred (200) drafts;
• Integrations and SFTP Export options: €5 per month each; Email Reports option: €10 per month.

9.5 Expiry, grace period, suspension and deletion. By derogation from Article 15.5, where a Boussole Subscription is not renewed by a new order before its expiry date, the module concerned switches to read-only mode for a grace period of thirty (30) days, during which its data is no longer updated. It is then suspended for thirty (30) days, access being cut off but immediately reactivable by a new payment. If the situation is not regularised at the end of these two periods, the module’s data is permanently deleted, together with the Customer’s organisation if no other module is subscribed to. The suspension of one module does not block the other modules.

Article 10 — Access to and availability of the Service

10.1 The Service is in principle accessible 24 hours a day and 7 days a week, subject to maintenance operations, updates, hosting failures and cases of force majeure. The Seller is bound by an obligation of means as regards its availability and proper functioning; no availability rate is guaranteed. Scheduled maintenance operations are announced, where possible, forty-eight (48) hours in advance.

10.2 Certain features rely on Third-party Services, in particular the Google APIs (Search Console, Business Profile), whose conditions, quotas, features and availability are determined by their publishers. The Seller cannot guarantee the continuity of these features in the event of a change, restriction or interruption decided by a third party. If such a decision renders the Service substantially unusable, the Seller informs the Customer, who may terminate his or her Subscription under the conditions of Article 21.

10.3 The Seller may develop the Service for technical or security reasons, to adapt it to regulations or to improve it, without altering its essential characteristics during the current Subscription period. The rights of Consumers in the event of a modification are set out in the “Consumers” Annex.

Article 11 — Support

Support is provided exclusively by email at support@arketips.fr, subject to the Seller’s availability, the Seller carrying out its activity in the evenings, at weekends and during planned leave notified in advance, with no guaranteed response or resolution time. It covers the use of the Products in accordance with their documentation and excludes any intervention on the Customer’s equipment, files or systems, which may be the subject of a separate service on quotation.

Article 12 — Licence to use the Service

12.1 The Seller grants the Customer, for the duration of his or her Subscription, a personal, non-exclusive, non-assignable and non-transferable right to access and use the Service, for the Customer’s own needs and within the limits of the plan subscribed to.

12.2 The Customer is prohibited from: reproducing, decompiling or disassembling the Service, except in the cases authorised by Article L. 122-6-1 of the French Intellectual Property Code (Code de la propriété intellectuelle); reselling it, sublicensing it or making it available to third parties; circumventing its technical limitations or quotas; extracting data from it in bulk by automated means; carrying out load or intrusion tests on it without written authorisation; using it for unlawful purposes or in breach of the conditions of the Third-party Services; introducing any malicious code into it.

Article 13 — Downloadable Products

13.1 Delivery. The Downloadable Product is made available by means of a download link sent by email upon confirmation of payment, accompanied where applicable by a licence key. The link is valid for seven (7) days and allows five (5) downloads. It is for the Customer to keep a copy. For the duration of the legal guarantee of conformity (Article 13.3), the Seller sends the Customer free of charge, on simple request, a new download link to the latest version of the Product, valid for seven (7) days and allowing five (5) downloads, unless the order has been refunded or the Customer has withdrawn.

13.2 Licence. The Seller grants the Customer, subject to Article 13.7 for HTML Tools, a perpetual, non-exclusive and non-assignable licence to use the Product for the Customer’s own needs, according to the type of licence acquired (Individual Licence or Company Licence). Unless otherwise agreed, the licence is granted to one (1) person only, who may install the Product on no more than three (3) installations. The Customer may adapt the Product for his or her internal needs, to the extent that the Product allows it. Any redistribution, resale, publication or making available to third parties, whether free of charge or for consideration, is prohibited. Third-party components listed in the LICENCES-TIERCES.txt file supplied with the Product remain governed by their own licences. By way of exception to the restrictions of this licence, the user is authorised to modify the components licensed under the LGPL, and to reverse-engineer the Product solely and strictly to the extent necessary to debug the modifications made to those components.

13.3 Updates. For the duration of the legal guarantee of conformity, namely two years from supply for products under a perpetual licence and the whole term of the licence for tools under an annual licence, the Seller provides free of charge, on simple request, the fixes necessary to keep the product in conformity, by sending a new download link. New versions bringing new features are not included and may be subject to a separate purchase. The Seller does not guarantee that the product works in an environment other than those stated in its requirements.

13.4 Statutory rights. The Customer benefits from the rights granted to the lawful user of software by Article L. 122-6-1 of the French Intellectual Property Code, in particular the right to make a back-up copy. The Seller reserves the right to correct errors.

13.5 Protection measures. The Products may include technical protection measures (compiled code, licence key verified locally or, for HTML Tools, online under the conditions of Article 13.7). The Customer shall not circumvent or disable them, nor disclose his or her licence key to third parties, subject to the exception provided for components licensed under the LGPL (Article 13.2).

13.6 Installation and security. Running macros or programs may require changing the security settings of the Customer’s workstation, and some security software may wrongly flag a recent program. The Customer carries out these operations at his or her own risk, after checking the origin of the file and its digital signature where one exists, in compliance with the security policy of the Customer’s organisation. Executables are not digitally signed (Article 13.9).

13.7 HTML Tools. By derogation from Article 13.2, the licence for an HTML Tool is personal, non-exclusive, non-assignable and non-transferable, for one (1) user only, and granted for a term of twelve (12) months from the date of purchase. It is not automatically renewed and no debit is made without a new order from the Customer. To verify the validity of the licence, the HTML Tool contacts the Seller’s server at most once a day and sends it the licence key, the name and version of the tool and a randomly generated installation identifier; the IP address of the connection is truncated before being recorded and the verification log is deleted after ninety (90) days. The HTML Tool remains usable for five (5) days without a connection; beyond that, an Internet connection is required. Data entered in the HTML Tool is never transmitted to the Seller. When the licence expires, the tool displays a blocking screen; the data entered remains in the Customer’s file, and the Customer may export it.

13.8 Renewal of HTML Tools. Renewal is a new order: the Customer orders the HTML Tool again on the Site, receives a new licence key and a new file, and recovers his or her data from the old file by means of the recovery function built into the tool. Where the new order is placed before the current licence expires, validity is extended: the new licence runs from the end of the old licence, plus twelve (12) months, and the old key is not revoked. The Seller sends a reminder by email approximately thirty (30) days, then seven (7) days, before expiry. Each renewal gives rise to the waiver box provided for in Article C.5 of the “Consumers” Annex.

13.9 Excel workbooks and applications. Excel workbooks and Windows, macOS and Linux applications are licensed for one (1) user. Executables are not digitally signed: Windows (SmartScreen) or macOS (Gatekeeper) may display a warning when the file is opened; the Seller publishes the SHA-256 fingerprint of each file so that its integrity can be verified.

13.10 Third-party components. The software includes third-party components, the list, copyright notices and licences of which are set out in the LICENCES-TIERCES.txt file delivered with each piece of software. These components are provided by their licensors “as is” and without any warranty from them. The third-party licensors, in particular Microsoft Corporation and its suppliers for the Microsoft Visual C++ runtime, accept no liability towards the customer arising from their use. The customer shall not modify, decompile or disassemble the Microsoft components, except to the extent expressly permitted by law. This article does not limit either the statutory warranties owed by Arketips to the customer, or the rights the customer holds under the free-software licences of the components concerned.

Article 14 — Assistance tools and restricted uses

14.1 Assistance tools. The Products are tools to assist in carrying out tasks. Their results (calculations, extractions, conversions, character recognition, rankings, alerts, dashboards, generated documents) must be checked by the Customer before any use. The Products do not constitute accounting, tax, employment, financial or legal advice and do not replace the involvement of a professional; in particular, tools for preparing payroll items, cash-flow, reconciliation, invoicing or the generation of standard documents do not release the Customer from having these items validated by his or her chartered accountant or adviser.

14.2 File operations. Products that rename, move, sort, compress, convert, merge or delete files act according to the settings defined by the Customer. The Customer makes a prior back-up of his or her files, tests the Product on a copy or in simulation mode where such a mode is offered, and checks the result. The Seller is not liable for the loss or alteration of files resulting from settings chosen by the Customer or from the absence of a back-up.

14.3 Technical limits. The Seller does not guarantee: that the masking performed by an anonymisation tool is exhaustive, which the Customer must check before any sharing; that a watermark cannot be removed, it being a deterrent measure and not an absolute protection; the possibility of restoring a back-up that the Customer has not tested; the accuracy of data extracted from scanned documents or by character recognition.

14.4 Regulated uses. The Customer is solely responsible for the lawfulness of his or her use of the Products, in particular: the sending of emails, with regard to the rules on prospecting and recipients’ consent, recipients’ personal data and the sending limits set by the Customer’s email provider; the collection of data from third-party websites, with regard to the terms of use of those websites and the rights of their database producers; the processing of personal data in the files processed by means of the Products.

Article 15 — Customer Data

15.1 The Customer remains the sole owner of the Customer Data. The Customer authorises the Seller to host and process it solely for the purpose of providing the Service.

15.2 Where the Customer Data includes personal data, the Seller acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR); the data processing agreement appended hereto forms an integral part of the GTSU.

15.3 Data from Google services is obtained by means of an authorisation that the Customer grants when connecting his or her Google account and that the Customer may revoke at any time from the settings of that account. It is used exclusively to provide the features of the Service, in accordance with the Google API Services User Data Policy, including its Limited Use requirements: it is neither sold, nor used for advertising purposes, nor viewed by any person, except with the Customer’s consent, for security necessity or where required by law.

15.4 The Downloadable Products run on the Customer’s equipment and do not transmit any data to the Seller, with the sole exception of the HTML Tool licence verification described in Article 13.7; the files they process remain under the sole control of the Customer, who is the controller of that processing. Any access authorisations granted by the Customer to a third-party service (for example his or her email account) are kept on the Customer’s workstation.

15.5 The Customer may export his or her Data in CSV format at any time during the Subscription. At the end of the Subscription, it is kept for thirty (30) days to allow it to be exported, then deleted, subject to statutory retention obligations. The Seller makes technical back-ups of the Service, which do not release the Customer from making his or her own exports.

15.6 The Customer’s own personal data (Account, billing) is processed in accordance with the privacy policy available at https://arketips.fr/en/privacy-policy/.

Article 16 — Community services: content, reports and no-prize games

16.1 The Customer is solely responsible for the content that he or she publishes, stores or shares by means of the Service; the Customer shall refrain from any unlawful content, in particular content that is infringing, defamatory, insulting, discriminatory or that infringes privacy.

16.2 Any person may report content that he or she considers unlawful at contact@arketips.fr, stating its location, the grounds for the report and his or her contact details. The Seller handles reports diligently, may remove or disable access to content that is manifestly unlawful or contrary to the GTSU, and informs the user concerned of its decision and the reasons for it, as well as of the means of challenging it.

16.3 Single point of contact for authorities and users: contact@arketips.fr; languages accepted: French, English.

16.4 No-prize games and predictions. Where a Service offers predictions, challenges or rankings between users, these are purely recreational. The points, scores, virtual currencies and distinctions awarded have no monetary value; they cannot be bought, sold, exchanged, transferred outside the Service or converted into money, goods or services, and no prize or winnings of any kind are awarded, including by a partner. The price of the Subscription pays exclusively for access to the features of the Service, in particular the administration of a group, and confers no chance of winning. It is prohibited to use the Service to organise bets or stakes in money or in kind between users; the Seller may suspend or terminate the Account concerned. The names and distinctive signs of competitions, clubs or third parties that may be mentioned are cited for information purposes only, with no connection to their owners.

Article 17 — Intellectual property

The Products, their code and their documentation, as well as the trademarks, logos and content of the Site, are the property of the Seller or its licensors and are protected by intellectual property law. Third-party components integrated into the Products are governed by their own licences, the list of which appears in the file supplied with the Product. No right is assigned to the Customer other than the licences provided for in Articles 12 and 13. Suggestions for improvement communicated by the Customer may be freely used by the Seller.

Article 18 — Customer’s obligations

The Customer uses the Products in accordance with the GTSU, their documentation and applicable regulations, as well as the terms of use of the Third-party Services. The Customer is solely responsible for the content and data that he or she processes by means of the Products and for the lawfulness of such processing, makes the back-ups and exports that he or she considers necessary and keeps his or her equipment in a satisfactory state of security.

Article 19 — Warranties

19.1 The Seller warrants that the Products are, in all material respects, in conformity with their description. It does not warrant that they will operate without interruption or error, or that they will meet particular needs that are not described.

19.2 The Seller does not guarantee any result in terms of search engine ranking, positioning, traffic, turnover or time savings.

19.3 As regards professional Customers, and to the fullest extent permitted by law, any other warranty, express or implied, is excluded. Consumers benefit from the statutory warranties recalled in the “Consumers” Annex.

Article 20 — Liability

20.1 As regards professional Customers, the Seller’s liability may be incurred only in the event of proven fault and solely for direct and foreseeable damage. It is limited, all causes combined, to the amount paid by the Customer during the twelve (12) months preceding the event giving rise to liability and, for a Downloadable Product, to the price of that Product.

20.2 The Seller is not liable for indirect damage (loss of turnover, customers or data that has not been backed up or exported), nor for failures of Third-party Services, communication networks or the Customer’s equipment, nor for the consequences of a use of the Products contrary to Article 14.

20.3 These limitations do not apply in the event of gross negligence or wilful misconduct or of personal injury, nor with regard to Consumers to the extent that they would contravene the mandatory provisions that protect them.

Article 21 — Refunds

21.1 Principle. Subject to the rights of Consumers set out in the “Consumers” Annex, sums paid are non-refundable, in particular in the event of termination of the Subscription by the Customer during a period, downgrade to a lower plan, non-use of the Service or failure to download a Product.

21.2 Subscriptions — pro rata refund. The portion of the price corresponding to the period paid for and not used is refunded when the Subscription ends: (i) at the Seller’s initiative for a reason other than a breach by the Customer, in particular the discontinuation of the marketing of the Service; (ii) because a decision by a third party renders the Service substantially unusable (Article 10.2); (iii) in the event of force majeure lasting more than sixty (60) days; (iv) in the event of a serious breach by the Seller; (v) where the Customer refuses an amendment to the GTSU that adversely and significantly affects the Service during a period.

21.3 Downloadable Products. Downloadable Products are not refundable, subject only to the following mandatory exceptions: (i) the right of withdrawal of the Consumer who has not expressly waived it under the conditions of Article C.5 of the “Consumers” Annex; (ii) the statutory warranty of conformity enjoyed by Consumers; (iii) as regards professional Customers, a non-conformity of the Product with its description that the Seller has been unable to correct or replace within thirty (30) days of its notification. In cases (ii) and (iii), the Seller first proceeds to correct or replace the Product; a refund is made only failing that, against the Customer’s written undertaking to cease all use and to delete all copies of the Product. As regards professional Customers, the absence of a refund applies whether or not the Product has been downloaded.

21.4 Other cases. The following are also refunded: any sum debited by mistake or twice; the price of an order cancelled by the Seller pursuant to Article 6.4.

21.5 No refund. No refund is due in the event of suspension or termination following a breach by the Customer, in particular non-payment, breach of the licence or unlawful use.

21.6 Terms. The refund is made by the payment method used when the order was placed, within fourteen (14) days for Consumers and thirty (30) days for professionals from the date on which it is due. Where applicable, a credit note is issued. Where the refund covers the whole price of a Downloadable Product, the download link is deactivated and the licence revoked; the Customer then ceases to use the Product.

Article 22 — Suspension and termination

22.1 The Seller may suspend access to the Service, after notice, in the event of non-payment, use contrary to the GTSU or to the law, or risk to the security of the Service. In cases of urgency or serious risk, the suspension may be immediate, the Customer being informed as soon as possible.

22.2 In the event of a serious breach not remedied within fifteen (15) days of a formal notice, either party may terminate the Subscription automatically.

22.3 The Seller may discontinue the marketing of a Service subject to three (3) months’ notice, or terminate a Subscription for any other reason subject to thirty (30) days’ notice; it then refunds the portion of the price corresponding to the period paid for and not used. Licences for Downloadable Products already acquired remain valid under the conditions of Article 13.

22.4 At the end of the Subscription, for whatever reason, access to the Service is deactivated and the Customer Data is processed in accordance with Article 15.5.

Article 23 — Amendment of the GTSU

The Seller may amend the GTSU. Amendments are notified to Customers holding a Subscription at least thirty (30) days before they take effect; a Customer who refuses them may terminate his or her Subscription before that date, free of charge. For professional Customers, continued use of the Service after that date constitutes acceptance. Orders for Downloadable Products remain governed by the version accepted when the order was placed.

Article 24 — Force majeure

Neither party is liable for the non-performance of its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil). If the impediment lasts more than sixty (60) days, either party may terminate the Subscription by written notice; the Seller then refunds the portion of the price corresponding to the period paid for and not used.

Article 25 — Assignment

The Customer may not assign his or her Account, Subscription or licences without the Seller’s written consent. The Seller may transfer the contracts entered into pursuant to the GTSU to any company that it may incorporate or control in order to continue its business, or to any acquirer of its business, without any reduction in the Customer’s rights; the Customer is informed of this and, if the Customer refuses the transfer, may terminate his or her Subscription free of charge and obtain a refund of the portion of the price corresponding to the period paid for and not used.

Article 26 — Miscellaneous

The GTSU are drafted in the French language, which prevails over any translation. If any of their provisions is declared void or deemed unwritten, the others retain their full effect. The records of the information systems of the Seller and its payment providers are conclusive evidence of the orders, payments and transactions made, unless proven otherwise. A party’s failure to rely on a breach does not constitute a waiver of the right to rely on it subsequently.

Article 27 — Governing law, complaints and disputes

The GTSU are governed by French law. Any complaint shall be addressed to contact@arketips.fr. Failing an amicable settlement within thirty (30) days, a dispute between the Seller and a professional Customer shall be brought before the competent court under the ordinary rules of law. Consumers benefit from the provisions of the “Consumers” Annex, in particular as regards mediation.

Annex — Consumers and non-professionals

C.1 Scope. This annex applies to Consumers and non-professionals and prevails over any contrary provision of the GTSU.

C.2 Pre-contractual information. Before the order, the Customer receives the information provided for in Articles L. 111-1 and L. 221-5 of the French Consumer Code (Code de la consommation), in particular the essential characteristics, the total price, the term and the conditions for renewal and termination, the functionalities, the compatibility and interoperability of the Products, the existence of the right of withdrawal and its exceptions, the statutory warranties and the contact details of the mediator.

C.3 Order. The confirmation button bears the words “Commande avec obligation de paiement” (“Order with obligation to pay”) (Article L. 221-14). The order confirmation, sent on a durable medium, sets out where applicable the Customer’s express consent and acknowledgement of the loss of the right of withdrawal.

C.4 Withdrawal — Subscriptions. The Customer has a period of fourteen (14) days from the conclusion of the contract to withdraw, without giving any reason (Article L. 221-18). If the Customer expressly requests access to the Service before the end of that period and then withdraws, the Customer pays an amount proportionate to the service provided up to the time the decision is communicated (Article L. 221-25).

□ I request access to the Service as soon as my order is confirmed, before the expiry of the withdrawal period, and I acknowledge that, if I withdraw, I shall have to pay an amount proportionate to the service provided up to the time of my withdrawal.

C.5 Withdrawal — Downloadable Products. The right of withdrawal cannot be exercised where the supply of the digital content has begun after the Customer’s prior express consent and express waiver of his or her right of withdrawal, under the conditions of Article L. 221-28, 13°, of the French Consumer Code, the Seller sending the Customer the confirmation required by law. The date and version of the text accepted are kept with the order.

□ I request immediate supply of the Downloadable Product and I expressly waive my right of withdrawal as soon as the download begins.

C.6 Exercise and refund. The Customer exercises his or her right of withdrawal by means of the form below or any unambiguous statement sent to resiliation@arketips.fr. The Customer may also use the “Withdraw from the contract here” function, available from the Site footer and the confirmation email throughout the withdrawal period; an acknowledgement of receipt is sent without delay on a durable medium. The Seller refunds all sums due, free of charge, no later than fourteen (14) days from the date on which it is informed of the decision, using the same payment method as that used for the initial transaction, unless the Customer expressly agrees otherwise (Article L. 221-24).

C.7 Tacit renewal. The Seller informs the Customer in writing, no earlier than three months and no later than one month before the end of the period allowing the renewal to be rejected, of the possibility of not renewing the Subscription; failing this, the Customer may terminate it free of charge at any time from the date of renewal (Article L. 215-1).

C.8 Online termination. The Customer may terminate his or her Subscription free of charge, by electronic means, using the “Cancel your contract” feature directly accessible from the Account and the footer of the Site; the notice of termination and its effective date are confirmed to the Customer on a durable medium (Article L. 215-1-1).

C.9 Statutory warranty of conformity. The Customer benefits from the statutory warranty of conformity of digital content and services provided for in Articles L. 224-25-1 et seq. of the French Consumer Code: for continuous supply (Subscription), throughout the period of supply; for a single act of supply (Downloadable Product), for two (2) years from supply. In the event of a lack of conformity, the Customer is entitled to have the product brought into conformity free of charge within a reasonable time; failing this, or if the defect is serious, the Customer may obtain a price reduction or termination of the contract with a refund, under the conditions provided for by those Articles. The Seller provides the updates necessary to maintain conformity.

C.10 Modification of the Service. The Seller modifies the Service beyond what is necessary to maintain its conformity only for a valid reason (technical development, security, adaptation to regulations, improvement), at no additional cost to the Customer and after informing the Customer clearly and comprehensibly. If the modification has a non-minor negative impact on access to or use of the Service, the Customer is informed at least thirty (30) days in advance and may terminate free of charge within thirty (30) days following the modification, the portion of the price corresponding to the unused period being refunded.

C.11 Inapplicable clauses. The provisions relating to late-payment penalties and the fixed indemnity (Article 8.3), payment dispute fees (Article 8.4), the exclusion of warranties (Article 19.3) and limitations of liability (Article 20) do not apply to Consumers, to the extent that they would contravene mandatory provisions.

C.12 Mediation. In accordance with Article L. 612-1 of the French Consumer Code, any consumer may use, free of charge, a consumer mediator to seek the amicable resolution of a dispute with Arketips, after first sending a written complaint to contact@arketips.fr. Arketips’ mediator is: CM2C — Centre de la médiation de la consommation de conciliateurs de justice, 49 rue de Ponthieu, 75008 Paris, France. Online referral: www.cm2c.net (file a dispute: referral form).

C.13 Archiving. For any order of an amount equal to or greater than the regulatory threshold of 120 euros, the Seller keeps the written record of the contract for ten (10) years and guarantees the Customer access to it at any time (Article L. 213-1).

C.14 Telephone canvassing. The Customer may register free of charge on the telephone canvassing opt-out list (www.bloctel.gouv.fr).

C.15 Jurisdiction. The Customer may bring proceedings, at his or her choice, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure (Code de procédure civile), before the court of the place where the Customer was residing at the time the contract was concluded or the harmful event occurred.

Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

• To Dorian DUGUE, sole proprietor (EI), 60 rue Antonin Perrin, 69100 Villeurbanne, France, resiliation@arketips.fr:
• I/We (∗) hereby give notice that I/we (∗) withdraw from my/our (∗) contract for the supply of the following digital content (∗) / service (∗):
• Ordered on: …………………………………………
• Name of consumer(s): …………………………………………
• Address of consumer(s): …………………………………………
• Signature of consumer(s) (only if this form is notified on paper):
• Date: …………………………………………
• (∗) Delete as appropriate.