General terms and conditions

These general terms of use are up to date as of January 5th, 2020.

1. PREAMBLE – COMPANY IDENTIFICATION

1.1. These General Terms of Use (hereinafter "TOU") are offered by the company MKD WORD S.L (hereinafter the "Company") whose registered office is located at Calle Torres y Amat 21, 08001 Barcelona, Spain, and with tax number 09418674. The purpose of these TOU is to set out and define the terms and conditions under which the client (hereinafter the "Client") is authorized to use the Bluescribe.io website and all its attached pages (hereinafter the "Website") as well as the services offered thereon (hereinafter the "Services").

1.2. The Company can be contacted by email at contact@bluescribe.io, via the chat box available on the Website, or by telephone at 0 805 620 460 from Monday to Friday from 9 a.m. to 7 p.m., and on Saturday from 10 a.m. to 3 p.m. (French time).

1.3. The Company is the owner and publisher of the Bluescribe.io Website. The Website is hosted by Amazon Web Services, an American company domiciled at 1200 12th Avenue South Suite 1200, Seattle WA 98114.

2. DEFINITIONS

For the purposes of these TOU, the terms written entirely in uppercase or with the first letter capitalized, whether used in the singular or plural, have the following meanings:

“TOU”: refers to these General Terms of Use.

“Company”: refers to the company that publishes and owns the Website.

“Professional Partners”: refers to all professionals and any type of expert independent of the Company, having assisted the Company in the creation, setup, and optimization of the Services.

“Website”: refers to the online electronic service published by the Company, accessible at Bluescribe.io, including all related pages and URLs and all variants thereof.

“Services”: refers to the services provided by the Company on the Website as described in article 3 of these TOU.

“Client”: refers to any legally capable adult individual, or any legal entity, using the Services offered on the Website or having subscribed to Subscription Services by creating a Client Account. It is specified that any provision of these TOU that is not enforceable against individuals under current regulations shall apply only to professionals.

“Client Account”: refers to the personal space made available to the Client upon subscribing to a Subscription offer on the Website. This Client Account is accessible online on the Website by means of a unique username and password provided to the Client by the Company upon registration. The Client can update their password from their Client Account, accessible on the Website in the “My Account” section.

“Bluescribe.io Offer”: refers to the action of providing text processing and optimization services, including spell checking, paraphrasing, detection of AI-generated content, as well as SEO visibility improvement, via the Bluescribe.io website.

“Online Assistance”: refers to all account management, subscription, and support services for the use of tools provided on the bluescribe.io website, from which the client benefits via customer service.

“Customer Service”: refers to all operators who may assist the Client for any request via telephone, email, or chat window.

“Subscription”: refers to the paid monthly subscription that Clients may subscribe to on the Website. The Client subscribes to the Services for a fixed period of thirty (30) calendar days from the confirmation by the Company of the creation of their Client Account. This subscription will be automatically renewed for an identical period of thirty (30) calendar days each month until terminated by the Client. As part of the Trial Offer, the Subscription is confirmed in case the Client does not cancel before the end of the Trial Period.

“Trial Period”: refers to the forty-eight (48) hour period during which the Client has unlimited access to the Services on the Website without being charged for the Subscription. The said Trial Period systematically applies within the context of a Trial Offer.

“Trial Offer”: refers to free and unlimited access to the Services offered on the Website for the entire duration of the Trial Period. The Client’s registration for the Trial Offer automatically entails subscription to the Subscription. The Trial Offer particularly allows the Client to try the Service for free before subscription payment is charged.

“One-Time Purchase”: refers to the purchase of a specific service, such as AI detection or using an individual tool, without subscribing, without access to the Client Account, and without benefiting from the Trial Offer.

3. GENERAL PROVISIONS 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 follows the steps indicated on the Website. The Client provides all information required for identification, selects the Services and the payment method.

Before using the Website, the Client must ensure that they have the technical and computer means to use the Website and that their browser allows secure access to the Website. The Client must also ensure that their computer/equipment configuration is in good condition and free of viruses.

By using the Website and Services, the Client acknowledges and confirms that they have read, understood, and unreservedly accepted these TOU in their entirety.

The Company reserves the right to amend these TOU, which will take effect upon publication on the Website and will apply to any new One-Time Purchase or Subscription on the Website. Any amendments cannot affect previous One-Time Purchases or Subscriptions made on the Website prior to their publication, which remain subject to the TOU accepted by the Client at the time of each purchase. The Client is invited to consult the General Terms each time they use the Services on the Website, without the need for formal notification.

The Company is a technical service provider that manages a technical and software infrastructure and makes available to clients on its Website a solution for processing and optimizing textual content (correction, paraphrasing, AI content detection, text generation, SEO optimization, etc.) via the Bluescribe.io Offer and Subscription.

The Company, its directors, employees, and professional partners, in accordance with applicable regulations: - Are not affiliated with any third-party service provider except for AI content management,
- Do not in any way guarantee the feasibility or the accuracy of requests for processing or optimizing textual content via the AI tool,
- Do not collect any personal information without prior consent from the user.

The Company cannot under any circumstances be held liable for any omission, inaccuracy, or any error contained in the bluescribe.io Offer and the Subscription that the company markets and which might cause direct and/or indirect harm to a user or any other person.

The Client acknowledges that:

- Content generated via artificial intelligence is the result of the Client’s action and is not supervised or modified in any way by the Company, its managers, employees, or professional partners.

- The Company, its managers, employees, or professional partners, can under no circumstances be held responsible for delivery problems,

- It is strictly forbidden to use the bluescribe.io tool or Subscription for any content that is illegal, including but not limited to the following: pornographic, dangerous, compromised, or stolen content, illustrations not provided by the Company and for which the user does not have exploitation rights, images, texts, and photos of a pornographic, racist, pedophilic, violent nature, or any form prohibited by the laws of the sending and receiving country. The Company reserves the right to alert authorities if illegal content is detected in a file or its content.

- The Company, its managers, employees, or professional partners can under no circumstances be held liable for content likely to harm others, a company, an organization, or any association, or for content that is illegal.

4. DESCRIPTION OF SERVICES

4.1. Services by Subscription:

4.1.1 Bluescribe.io Offer:
In its monthly subscription, the client receives credits, for only €34 per month, all taxes included. For example, the client can use bluescribe.io every month without limit.
Also included in the Client's monthly subscription are unlimited access to the following features from the Client Account:
- Cloud storage library
- Usage history of tools
4.1.2 “Online Assistance”: all account, subscription, and procedure management assistance services that the Client benefits from via Customer Service. As part of Subscription registration, the Company makes available to the Client a Support Service with Advisors available by phone, chat, and email for any questions or inquiries about the Website and Services. The Client may contact Advisors from Monday to Friday from 9 a.m. to 7 p.m., and Saturday from 10 a.m. to 6 p.m. (French time). The Company will do its best to respond to Clients as quickly as possible.

4.2. One-Time Purchase Services:

4.2.1. Use of the tool one time only: the client may use the tool in single purchase. They will receive their response or result by email.

5. APPLICATION AND ENFORCEABILITY OF THE TOU

5.1. The purpose of these TOU is to define all the conditions under which the Company markets the Services offered for sale on the Website to Clients. They therefore apply to any subscription to a monthly Subscription and to any One-Time Purchase of Services by the Client.

5.2. The Client acknowledges and confirms that they have read, understood, and accepted these TOU in full and without reservation before any One-Time Purchase of a Service or Subscription on the Website.

5.3. Subscription to a Subscription or the One-Time Purchase of a Service constitutes acceptance of these TOU.

5.4. Any contrary condition set by the Client, unless expressly accepted, is unenforceable against the Company regardless of when it becomes known to the Company.

5.5. Failure by the Company to assert, at a given time, any provision of these TOU cannot be interpreted as waiving the right to assert that provision at a later date.

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 content of the site at any time, without the need to inform 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 shows the list of Services selected by the Client and includes any additional charges added to the price of the Services. The Client can modify their Order, their information, and correct any errors before accepting their Order.

6.3. After accessing the Order summary, the Client confirms acceptance of their Order by checking the box validating the TOU, then by clicking the Order validation button. A clear, legible payment notice appears next to the Order validation icon to ensure that the Client explicitly acknowledges their payment obligation for the Order.

6.4. After acceptance of the TOU and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Client and is binding upon them irrevocably.

6.5. After validation of their Order and to proceed with payment, the Client enters their billing information. The process for receiving the Services is described in article 8 of these TOU.

6.6. The Company sends an order confirmation by email to the Client, summarizing the elements of their Order and providing access to their Client Account.

7. PRICE AND PAYMENT TERMS OF THE ORDER

7.1. Prices are mentioned on the Website in the Service descriptions in EUR €, all taxes included.

7.2. The total amount is indicated in the Order summary, before the Client accepts the TOU, validates their Order, enters and validates their billing information, and proceeds with payment. This total amount is indicated in EUR €, all taxes included.

7.3. All Orders on the Website are payable in EUR €, all taxes included. Payment in full 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 Subscription implies authorization for debiting the Client’s payment method at the time of the Order in the context of the Trial Offer. Payment for the first monthly fee occurs at the end of the Trial Period of the same Trial Offer. In the case of a Subscription without a Trial Offer, payment of the first monthly fee occurs upon validation of the Order by the Client.

7.5. The Website uses a payment security system via a service provider specialized in online payment security. This system guarantees the Client complete confidentiality of their banking information. The card payment transaction, carried out between the Client and the secure system, is therefore fully encrypted and protected. This means the Client’s card number is never fully disclosed to the Company.

7.6. The Client guarantees to 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 the execution of any Order, regardless of nature or execution stage, in case of non-payment or partial payment of any sum due by the Client to the Company, in case of payment incident, or fraud or attempted fraud relating to use of the site and payment of an Order.

8. RECEIPT OF SERVICES AND ACCESS TO THE PLATFORM

8.1. The Company undertakes to deliver the Services within the agreed time specified in these TOU. The Client is informed by email of the completion of the Service(s).

8.2. In the case of a monthly Subscription, upon order validation the Client is provided with a username and password enabling access to their Client Account. The Client is responsible for maintaining the confidentiality and security of their login credentials. The Client must immediately inform the Company of any unauthorized use of their credentials. The Company cannot be held liable for any loss or damage resulting from the Client’s failure to protect their Client Account access credentials.
8.3. The Client must ensure that the information provided to the Company is correct and remains so until full receipt of the Service(s) ordered. The Client therefore undertakes to inform the Company of any change in billing details that might occur during or after the Order by promptly sending an email to the Company’s email address. Failing that, in case of delay and/or error, the Client can in no way hold the Company responsible.

8.4. The Company will not be responsible if failure to receive the Services is due to actions of a third party beyond its involvement.

9. CUSTOMER SUPPORT

9.1. Following any Subscription or One-Time Purchase, the Client may contact the Company's customer service to obtain any support, clarifications, or for any complaint.

9.2. The Company’s Customer Service is available from Monday to Friday from 9 a.m. to 7 p.m., and Saturday from 10 a.m. to 3 p.m. (French time).

10. CLIENT OBLIGATIONS

10.1. The Client undertakes to comply with the terms of these TOU.

10.2. The Client undertakes to use the Website and Services in accordance with the Company's instructions.

10.3. The Client agrees to refrain from:

- Using the Website in any illegal manner, for any illegal purpose, or in any manner inconsistent with these TOU.
- Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content on the Website or decompiling, reverse engineering, disassembling, modifying, displaying in readable form, attempting to discover any source code, or using any software that enables or includes any part of the Website.
- Attempting to gain unauthorized access to the Website’s computer system or engaging in any activity that disrupts, reduces the quality, interferes with the performance, or impairs the functionality of the Website.
- Abusing the Website by knowingly introducing viruses or any other malicious program and attempting to gain unauthorized access to the Website.
- Infringing the intellectual property rights of the Company and/or reselling or attempting to resell the Services to third parties.
- Disparaging the Website and/or the Services as well as the Company on social networks or by 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, at its sole discretion, delete their access to the Website and take all steps including any civil and criminal legal action against them.

11. WAIVER OF STATUTORY RIGHT OF WITHDRAWAL – CANCELLATION AND REFUND OF A SUBSCRIPTION

11.1. In accordance with article L.121-25 of the Consumer Code, the Client acknowledges that the Services provided by the Company will be performed before the expiry of the statutory withdrawal period and therefore expressly waives their statutory right of withdrawal.

11.2. The Client nonetheless has a period of forty-eight (48) hours from the validation of the Order, as part of the Subscription with Trial Offer, to contact the Company by telephone, chat, or email to request cancellation of any Subscription registration.

11.3. Exercise of the "Satisfied or Refunded" option: The Client also has the possibility to request a refund of one or more monthly payments of their Subscription from the Company if they are not satisfied with the Services provided by the Company. The Client wishing to exercise this refund option must also contact the Company via telephone, chat, or email to request a refund of any monthly Subscription registration.

11.4. In case of cancellation of the monthly Subscription before the end of the forty-eight (48) hour Trial Period or exercise of the "Satisfied or Refunded" option, the Client will be refunded via the same payment method used for the initial Order. The Company cannot be held responsible in case of changes to the Client’s bank details since the date of the Order making repayment to the Client impossible. In such a situation, the Client is invited to contact the Company to agree on another method of refund or to contact their bank. The Company will also not be required to refund the Client if it is proven that they committed bank fraud, in particular by making a false declaration of loss or theft of their bank card following a Service purchase on the Website. In such a situation, the Client will remain liable for payment of all sums due to the Company.

12. TERMINATION OF THE MONTHLY SUBSCRIPTION

12.1. Any monthly Subscription by the Client is granted for an indefinite period and with no commitment period. The Client can terminate the monthly Subscription at any time by notifying their wish to terminate to the Company by email, chat, or phone, or by proceeding with termination themselves from their Client Account or on the Website.

12.2. Any termination will take effect at the end of the current subscription month which remains due. From the effective date of termination, the Client no longer has access to either the Client Account or the Services.

13. LIABILITY

13.1. The Company implements all appropriate measures to ensure the Client receives quality Services under optimal conditions. However, the Company shall not in any circumstances be liable for any non-performance or improper performance of any or all of the services provided in the Order, which may be attributable either to the Client, or to an unforeseeable and insurmountable act of a third party unrelated to the Order, or to force majeure. More generally, if the Company’s liability is incurred, it can in no case accept to compensate the Client for direct or indirect damages or for damages whose existence and/or quantum has not been established by evidence.

13.2. The Company will use all reasonable efforts to ensure that the Website remains accessible 24/7, but cannot be held liable for unavailability due to constraints inherent in the functioning of the Internet, maintenance operations, any failure or bug, or any event beyond its control or force majeure beyond the Company’s reasonable control.

13.3. The 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.

13.4. The inclusion of such links or reference to any information, articles, or services provided by a third party, cannot and must not be interpreted as an express or implied endorsement by the Company of these sites or elements or their contents.

13.5. The Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, products, and other information distributed on these websites.

13.6. It is expressly stipulated that the Company can in no way be held responsible, in any way, if the Client’s computer equipment or email system rejects, for example due to anti-spam, emails sent by the Company, and notably, without limitation, the payment receipt or the Order summary.

14. PERSONAL DATA

14.1. In accordance with the law of January 6, 1978 on data processing, files, and freedoms, as amended, the Client is informed that the Company collects and processes their personal data in order to process and fulfill their Order(s) placed on the Website.

14.2. The following information is mandatory, and any failure to provide it will block the order process on the Website: last name, first name, email address.

14.3. The Client is informed that the transfer of their personal data may be made to service providers, including hosting providers, established outside the European Union. The Company has entered into personal data transfer agreements with these providers containing the standard contractual clauses approved by the European Commission.

14.4. The Client has the right to object, access, rectify and delete the personal data concerning them, as well as the right to object for legitimate reasons, which they may exercise under the conditions provided by law by sending an email to the Company at contact@bluescribe.io specifying their last name, first name, email address, and order number.

14.5. No client information will be shared with third parties, except with the Company’s own service providers solely for the purposes of Website maintenance and hosting, and order fulfillment, and limited to the information strictly necessary for these purposes.

14.6. In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the Company also informs the Client that cookies record certain information that is stored on their hard drive. This information is used to generate Site audience statistics and to offer Services according to the Services previously selected during earlier visits. An alert message, in the form of a banner, asks each person visiting the Website beforehand whether the Client wishes to accept cookies. These cookies do not contain any confidential information about Website Clients.

14.7. The Client accessing the Website’s homepage or another page directly from a search engine will be informed:

· about the specific purposes of cookies used;
· about the possibility to object to these cookies and change the settings by clicking on a link in the banner;
· and that their continued navigation implies agreement to the placement of cookies on their device.

14.8. To guarantee the free, informed, and unambiguous consent of the Client visiting the Website, the banner will not disappear until the Client has continued their navigation.

14.9. Except with the Client’s prior consent, the placement and reading of cookies will not occur:

· if the Client visits the Website (homepage or another page directly from a search engine, for example) and does not continue navigation: mere lack of action cannot be considered as an expression of will;
· or if they click the link in the banner to set cookies and, if necessary, refuse placement of cookies.

15. INTELLECTUAL PROPERTY

15.1. All elements of the Website are protected by copyright, trademark rights, design rights, and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.

15.2. The name and trademark belonging to the Company, logos, designs and models, stylized letters, figurative marks, and all the signs represented on this Website are and will remain the exclusive property of the Company.

15.3. No title or right in any element or software is obtained through downloading or copying elements of the Website. The Client is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Website and its elements and software, modifying or making any derivative work based on them, or selling or participating in any sale related to this Website, its elements, or 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 in any way. The license is granted for the duration of the Client’s use of the Website and of the standard and personalized 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 liable for the operation, content or any element present or obtained via these sites. The presence of such links or reference to information, articles, or services provided by a third party cannot and should not be interpreted as express or implied endorsement by the Company of these sites, elements, or their contents.

15.6. Any questions or comments relating to another site must be addressed to the operators of those sites. No links to this Website are permitted without the Company’s prior express written permission.

15.7. Any use by the Client of company names, trademarks, and distinctive signs belonging to the Company is strictly prohibited except where expressly agreed in advance by the Company.

16. NEWSLETTER

16.1. By checking the appropriate box or by expressly giving their consent for this purpose, the Client accepts that the Company may send them, at a frequency and in a form determined by the Client, a newsletter that may contain information relating to its business.

16.2. When the Client checks the box provided for this purpose during the registration process on the Website to place an Order, they accept to receive commercial offers from the Company for services similar to those ordered.

16.3. The Client has the option to unsubscribe from newsletters by clicking the link provided for this purpose in each newsletter.

17. APPLICABLE LAW AND JURISDICTION

17.1. These TOU are governed by and interpreted in accordance with English law, regardless of conflict of law principles.

17.2. In case of any dispute that may arise regarding the interpretation and/or performance of these or in connection with 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 may, in particular, contact the Center for Mediation and Arbitration of Paris. The Client acknowledges that before initiating any mediation steps, they must first contact the Company by phone, chat, or by email at: contact@bluescribe.io to claim their right to a refund (see 11.3. Exercise of the "Satisfied or Refunded" option).

17.3. In the event of the failure of this mediation procedure or if the Client wishes to refer the matter to a court of law, the rules of the Code of Civil Procedure shall apply.