General conditions of sale and use

Definitions

Client: refers to the natural and adult person or the legal person using this site.
Website, The Site: refers to the EzWord.info Website
Service: The service or services that can be used via The Site.
User: designates the natural person using The Site within the framework of the access authorization granted to him by the Customer.
Company: SARL Switch-Ti, Work'in Centr'Alp, 196C rue du Rocher de Lorzier, 38430 Moirans, France
Subscription: refers to the formula for access to the Website taken out by the Customer with the Company.
CGVU: refers to the general conditions of sale and use.
Site editor
The Website accessible at the address is published by the Company.
Sylvain Wyckaert, Manager of the company, is director of publication. You can contact him using the form on The Site.

Use of the site and description of the service

Use of The Site
By using The Site, the Customer or User acknowledges having read these GTCSU. By using The Site, the Customer or User declares to have fully and unreservedly accepted all of these GTCSU. Consequently, the Customer waives the right to rely on any contradictory document, and in particular its own general conditions of purchase.
These present CGVU are the only ones applicable and govern the obligations of the Parties.
The Company reserves the right to modify these general conditions of sale at any time, which cancels and replaces the previous versions of the CGVU.
Description of service
The Service allows the User to access lexemes as well as links to Wikidata entities relating to a given expression as soon as the latter exists on The Site.
Company may modify the Service at its discretion, with or without notice, by adding, modifying, or removing features of the service.

The company has an obligation of means and makes reasonable efforts to provide the service.
The customer understands that the service is constantly evolving: Some functions may not work, or may be incomplete.
Some functions may not have been tested.
The service is "self-service". Therefore, the customer is solely responsible for the interpretation of the data generated by the service.
Use of the Service is by Subscription. The subscription does not include an offer of advice or interpretation.
The customer uses the service knowingly.
The service is mainly intended for professionals, and the prices are indicated excluding VAT.
Individuals wishing a rate including tax can request it via the contact form, indicating their country of residence.
 
The concept of this service has been filed with the APP under the IDDN: IDDN.FR.001.130018.000.S.P.2021.000.00000.

subscription

All of the subscription plans offered are payable in advance.
Prices are exclusive of VAT, VAT is extra at the rate applicable at the time of payment according to the legislation in force.
The connection costs to access The Site and the Services are the responsibility of the Customer or User.
Exchange fees, if any, are the responsibility of the Customer.
No discount is granted for early payment or cash payment.
Except in the event of proven failure, notified by registered letter, of the contractual obligations on the part of Switch-ti, the payment of the subscription is due in full.
The means of payment accepted are as follows: Check, Bank Card, Transfer.
The different offers available at any given time are listed on the "Rates" page
Each type of subscription is linked to different "Fair use" limits, detailed on the "Pricing" page.

The subscription is tacitly renewed for a period identical to the initial period.
Redundancy is performed on the same day each month or on the last day of the month if the month is shorter.
In the event of a breach of the client's obligations, the company may terminate the client's access prematurely without penalty.

The subscription can be terminated without formality by the customer:
a/ by stopping the recurring payment directly from their EZWord account, before the next due date.
b/ by notifying the company at least 2 working days before the deadline, by email or via the support system.

Failure to collect on the agreed due dates automatically entails:
the full and immediate payment of all sums due and the possibility of suspending the execution of new orders or any order in progress,
the suspension of the current Subscription,
the application of late payment interest on the basis of the ECB's REFI rate increased by 10 points, excluding taxes, all taxes in addition, in accordance with the law of 15 May 2001, without a reminder being necessary,
the right for the Company to require cash payment before the subscription of any subsequent Subscription.
In addition, pursuant to law 2012-387 of March 22, 2012, the Customer in a situation of late payment is automatically indebted to the Company for a lump sum indemnity for recovery costs of up to €40, without the need for a reminder.
Similarly, additional compensation will be due, upon justification, when the recovery costs paid exceed 40 euros.
These provisions do not prohibit the Company from taking any other action it deems useful.

Loyalty bonus

Each monthly payment adds one point to the customer's loyalty account.
When the customer does not renew their subscription, their loyalty account is reset to Zero at the end of the paid period, as indicated on the "My Profile" page.
In this case, the customer cannot oppose it or claim compensation. The loyalty account may be able to be used at a later date depending on the evolution of the service.
Loyalty points have no cash value and cannot be exchanged for other services or products.

Computing and Freedom, GDPR

The personal data collected by this site is the subject of a declaration N ° 1295074 with the CNIL in accordance with the provisions of the Data Protection Act n ° 78-17 of January 6, 1978.
The data thus collected is processed by the Company in order to allow the Customer to access the functionalities of the Site. and in order to comply with its legal and regulatory obligations in terms of invoicing.
The Customer has, in accordance with the provisions of the Data Protection Act of January 6, 1978, a right to access, modify, rectify, delete all personal data concerning him.
This right can be exercised by post sent to the Company or by the contact form of this site, by justifying its identity.
This data is not used for commercial prospecting purposes, outside the limits permitted by law.
These data are hosted on the territory of the European Union.
!!Dans le cadre d'un accord de partenariat, les données sont susceptibles d'être transmises à ChrisKatDev EURL afin de permettre le support technique relatif au service.
Le droit d'accès et de modification du client s'exerce alors également auprès de CHRISKATDEV.COM, 9 PL DU MARCHE 18170 LE CHATELET.
Ces données ne sont pas transmises à d'autres tiers.
!! Inactive accounts (without login) of more than 2 years (two years) will be deleted as well as the related data, after sending a notification to the customer.

Limitation of Liability

The Company is only bound by an obligation of means.
The Customer acknowledges being aware of the technical hazards inherent in the Internet and the access interruptions that may result therefrom.
Consequently, the Company will not be held responsible for any unavailability or slowdowns of the Site.
The Company is not able to guarantee the continuity of the Site, executed remotely via the Internet, which the Client expressly acknowledges.
The service may in particular be temporarily unavailable for maintenance reasons, planned or not, by its own doing or because from the Company's suppliers.
However, the company will do its best to limit any service interruptions and notify the Customer.
The company does not guarantee the proper functioning of the service, nor the adequacy of the service to the customer's needs.
The service is provided as is, without express or implied warranty.

The Customer is liable for damages of any kind, material or immaterial, direct or indirect caused to any third party, including to the Company, due to the illicit use or exploitation of the Site, regardless of the cause and place of occurrence of this damage.
The Client indemnifies the Company against the consequences, claims or actions which the Company could thereby be subject to.
The Client waives the right to exercise any recourse against the Company in the context of proceedings brought by a third party against him. due to the unlawful use or exploitation of the Site.
The Company cannot be held responsible for any indirect damage including in particular the loss of notoriety, exploitation or loss of earnings possibly suffered by the Customer. The Company may be held liable only for direct damages resulting from a proven fault in the performance of its mission. In this case, compensation for the damage suffered by the Customer may not exceed the amount of the service due hereunder, which the Customer expressly accepts.

The Customer uses the Service knowingly. The Company cannot be held responsible for any indirect damage including in particular the loss of notoriety, exploitation or loss of earnings possibly suffered by the Customer.
The Company cannot be held liable for any prejudice or damage resulting from the use of the Service by the Customer.
The Company may be held liable only for direct damages resulting from a proven fault in the performance of its mission. In this case, compensation for the damage suffered by the Customer may not exceed the amount of one month's subscription, which the Customer expressly accepts.

Customer's obligations

The Customer is responsible for all the equipment (hardware and software) necessary for the use of the Site via the Internet network by himself or the Users he authorizes. He must regularly update his equipment and his internet connection.
The Access Codes chosen by the Customer when registering on the Site are personal and confidential. They engage the responsibility of the user and the customer.
The customer is prohibited from creating several accounts without the company's written agreement.
The Customer guarantees that the information provided when subscribing to his Subscription is correct and he undertakes to update them on a regular basis.

The customer refrains from any action of reverse engineering, de-compilation, or attempt to reveal the source code, the algorithms, ideas or know-how of the service or company.
The customer is also prohibited from modifying, translating, or creating works derived from the service.
The Customer is solely responsible for the use of the Site. Consequently: any processing, transmission, distribution or representation of information or data via the Site by the User, are carried out under his sole and entire responsibility and in strict compliance with the legal and regulatory provisions relating to the use of services online.
The use by the Customer of the data provided by the service is placed under his exclusive responsibility.
The customer declares not to access or attempt to access all or part of our services by any means other than through the web interface. or API provided by Company, unless otherwise agreed to in writing by Company.
"Easy" accounts only have access via the WEB interface, designed for use by a human. The holder of an "Easy" account is prohibited from automatically requesting data from the service.

API: An "API" account is specifically designed to integrate the service into the client's workflow. It benefits, in addition to API access, from a larger request limit.
API access is for the exclusive use of the customer and may not be shared, resold, or used to feed data into a similar or competing service.

Any commercial or free redistribution, even partial, of the functionalities of the service through software, tools or online services is strictly prohibited without the written consent of the company.

The customer declares not to undertake any activity likely to hinder or disrupt the services.

Access to the service is provided to the customer for his own use.
He refrains from using it in a context of timesharing, or for the benefit of a third party.

Various

Proofs
The computerized registers kept in the Company's computer systems under reasonable security conditions will be considered as proof of communications, connections, orders and payments between the parties.

Nullity
If any of the stipulations hereof were to be recognized as void under a rule of law or a law in force, it would be deemed unwritten and would not result in the nullity of the contract.

Competence
This contract is governed by French law.

In the event that a dispute arises between the parties as a result of the execution or interpretation of this agreement, the Parties undertake to submit to the amicable procedure defined below, prior to any referral to the competent Court.
In order to find together a solution to any dispute that may arise in the execution of this contract, the parties agree to consult each other within fifteen days from the sending of a registered letter with request for acknowledgment of receipt notified by one of the Parties.
If at the end of a period of thirty (30) days, the Parties were unable to agree on a compromise or a solution, the dispute would then be subject to the jurisdiction of the Court of Grenoble, which the Customer expressly accepts.
This attribution of competence also applies in matters of summary proceedings.