MyFileme

Last update 03 June 2024

Welcome and thank you for your trust.

You will find below the General Terms and Conditions of Sale applicable to the site MyFileme on which you can convert your files online into various formats.

Unless otherwise stated on the Site at the time of your Order, you can take advantage of this discounted offer of €0.50 for a period of 48 hours, after which your monthly subscription automatically becomes payable at the price of €47.90 / month at the time of Order, unless cancelled before the end of this trial period from your Personal Area on the Site.

This subscription is non-binding and can be cancelled at any time in just a few clicks.

If you have any questions, a customer service team is available Monday to Saturday, 6am to 8pm:

- By telephone on - price of a local call ;
- By email at contact@myfileme.com - we will do our best to reply within 48 hours.

Article 1. DEFINITIONS

Capitalized terms refer to the following definitions:

The "Company" refers to HelloSoftware SA, Route de Lausanne 134, Le Mont-sur-Lausanne, Suisse. The "Site" refers to the Internet site(s) accessible from the URL link https://fileworld.co and all sites published by the Company to present and sell its Services.

The "User" refers to any person browsing the Site.

Service(s)" refers to all services and functionalities available on the Site for the conversion of files (documents, images, videos, audios, etc.) into another format, as described on the Site.

The "Order" refers to any subscription to the Service made by the Customer to the Company via the Site.

The "Customer" refers to the individual or legal entity, professional or otherwise, subscribing to a Service with the Company.

General Sales Conditions" or "GSC" refers to the present general sales conditions, applicable within the framework of the contractual relationship between the Company and its Customers, which include the confidentiality policy that may be available on the Site and any element of the Site to which they expressly refer.

Identifiers" refers to the user name and password provided by the Company to the Customer so that he can access, via the Site or any other connection means, the Service subscribed to from his " Personal Space ".

Partner " refers to any professional partner with whom the Company has a business relationship in connection with the provision of the Service and to whom the Customer may be referred in connection with the provision of the Service.

Article 2. FIELD OF APPLICATION

Purpose. The GTS govern the provision of the Service to the Customer, including the conditions of use of the Site published and made available by the Company.

Access to the GCS. The GCS are accessible at all times on the Site and prevail, where applicable, over any other version, previous or future. The GCS take effect from the date of their update, which is indicated at the top of this document, and apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.

Acceptance of GCS. Before placing an Order, the Customer declares that he/she has read and accepted the General Terms and Conditions of Sale, which implies unreserved acceptance of the General Terms and Conditions of Sale. By accepting, the Customer acknowledges that, prior to any Order, he/she has received sufficient information and advice from the Company on the Site, enabling him/her to ensure that the content of the Order is suited to his/her needs. The GTS constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.

By placing an Order, the Customer declares that he/she is of legal age and has the capacity to contract under the law of his/her country, or declares that he/she represents, by virtue of a valid mandate, the person for whom he/she is subscribing to the Service. In any case, the Customer guarantees that he/she has the necessary authorizations to use the payment method selected when validating the Order.

In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.

Scope of the GCS. The Customer may request a copy of the version of the GCS applicable to his Order at any time. No specific terms and conditions may be added to and/or substituted for the present terms and conditions at the Customer's initiative. The Company reserves the right to stipulate special conditions for its Services, special offers, special guarantees, etc., which are provided to the Customer prior to the Order. The fact that the Company, at any given time and for any reason whatsoever, does not avail itself of a breach by the Customer of any of the obligations contained herein, shall not be construed as a waiver of its right to do so in the future.

Article 3. CHARACTERISTICS OF THE SERVICE

Presentation. The Customer may refer to the presentation of the Service on the Site, which is summarized on the Order page and in the confirmation e-mail.

The Customer is expressly advised that all Service offers are subject to change. Only the Service described at the time of placing the Order is due to the Customer. Where the contract concluded with the Company relates to the supply of digital content or digital services (excluding other services which do not have the character of digital services), the service is supplied as is and no minimum level of service quality is guaranteed to the Customer.

Language. The Service is provided by the Company in the French language.

Service information. The Services governed by the GTS are described and presented as accurately as possible. However, the Company shall not be held liable for any errors or omissions in this presentation, unless such errors or omissions constitute a substantial part of the offer in question.

Version and updates. The Service subscribed to by the Customer is supplied in its version up to date at the date of purchase. Unless otherwise indicated on the Site at the time of Ordering, updates are included in the price of the Service and the Customer will benefit from the improvements and new functionalities offered.

Article 4. SUBSCRIPTION TERMS AND CANCELLATION

The Service begins immediately after the Order is placed.

After the trial period, the offer is automatically transformed into a non-binding paid monthly subscription, cancellable at any time.

Unless otherwise specified at the time of Ordering, the trial period is offered at a reduced price for a limited period of 48 hours, at the end of which the non-binding monthly subscription begins.

The customer may terminate his or her subscription by giving at least 48 hours' notice before the end of the current month:

- by clicking on the "unsubscribe" button in their Personal Area on the Site;
- by entering his/her e-mail address and the last 4 digits of the credit card used for the Order, in the unsubscribe form provided in the e-mail sent to him/her after his/her unsubscribe request.

Cancellation will take effect at the end of the current subscription month.

The customer may also suspend his subscription at any time and then reactivate it from his Personal Area.

No other sum will be demanded, and no sum already paid for the subscription will be refunded. Any month that has begun or has been suspended or terminated late is due in full.

Article 5. ORDER

Ordering on the Site. Once the Customer has selected the Service he/she wishes to subscribe to on the Site, he/she is directed to an Order page on which he/she enters his/her contact details and payment details (single payment or payment in instalments, method of payment). The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. In particular, the Customer must have a functional electronic mailbox. Failing this, the Customer will not be able to receive written confirmation of his Order at the e-mail address provided, nor to receive his access codes to the Service.

The Customer shall not hold the Company liable for any failure resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Service.

Obligation to pay. Any Order received by the Company shall be deemed firm and final, and shall entail full and complete acceptance of the GCS under the conditions set out herein, as well as the obligation to pay for any Service ordered.

Electronic signature. The on-line provision of the Customer's bank details and the final validation of the Order shall constitute (i) proof of the Customer's agreement, (ii) payment of the sums due in respect of the Order placed, and (iii) signature and express acceptance of all operations carried out during the Order on the Site (checkbox, uncheckbox, validation click, etc.).

Order validation. After having read and accepted the General Terms and Conditions of Sale on the Order page, the Customer is directed to an Order summary page, on which he/she provides his/her bank details before confirming payment. It is the Customer's responsibility to check the Order summary information and correct it if necessary, before confirming payment for the Order. This second click definitively confirms the Customer's Order.

Order confirmation. As soon as payment has been validated by the Company or its payment service provider, the Customer will receive an e-mail confirming and summarizing the Order

Proof of transaction. Computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 6. PRICING CONDITIONS

Applicable rates. The Service subscribed to is delivered at the rates in force on the Site at the time of registration of the Customer's Order by the Company. The Customer may obtain updated information on all applicable rates and any maintenance fees in the rates tab on the Site or by contacting the Company at contact@myfileme.com.

Prices are quoted in euros and include VAT applicable on the date of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of the Services. Prices shown on the Site are inclusive of all taxes. It is the responsibility of the Professional to carry out all necessary checks and to comply with his tax obligations, in particular with regard to VAT, for which the Customer is solely responsible.

In the case of international sales, any customs duties and other taxes payable are the sole responsibility of the Customer. The Company assumes no liability in this respect, and the Customer is solely responsible.

All or part of the Service may be delivered not in return for the payment of a price, but in return for the provision of personal data (such as surname, first name, e-mail address, telephone number), which may be used for commercial prospecting purposes, with the Customer's express, free and informed consent.

Payability of sums. Validation of the Order renders all sums due in respect thereof payable. By validating the Order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Customer, according to any due dates indicated in the Order summary.

Method of payment. Direct debit. The Customer may choose to pay by direct debit using the secure systems and services provided by third parties on the Site, which are subject to their own contractual conditions over which the Company has no control - Stripe, Paypal or Gocardless are examples. In this case, payment is made using the credit card information provided, according to the payment method proposed by the payment service provider. The Company reserves the right to use the payment service providers of its choice and to change them at any time.

Debit authorization - subscription. By providing his/her bank details at the time of sale, the Customer authorizes the Company to debit the account for the amount of the price indicated on the Site for the Service as soon as the Order is placed to benefit from the trial offer, and then throughout the subscription and its renewals.

The Customer guarantees the Company that he/she is of legal age and that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the Order form.

Special offers and discount vouchers. The Company reserves the right to propose time-limited introductory offers, promotional offers or price reductions on its Services, and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of the Customer's Order, and the Customer may not take advantage of other rates, whether prior or subsequent to the Order. Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and may only be used once. The Customer is expressly informed that the benefit of certain promotions may be subject to a minimum commitment period, which will be specified at the time of the Order.

Payment incident - Fraud. The Company reserves the right to suspend any Order processing and any Service delivery in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the Company reserves the right to refuse to honour an Order from a Customer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress.

The Company may contact the Customer to request additional documents in order to execute payment of the Order. The Company may rely on the information provided by the Order analysis system. The provision of the requested documents is necessary for the Company to confirm the Order. In order to combat credit card fraud, the Company may carry out a visual check of the means of payment before making the Service available. In the event of fraudulent use of a bank card, the Customer is invited to contact the Company as soon as such use is detected, without prejudice to any steps that the Customer may take with his bank.

Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Customer.

Payment facilities. If the Company offers the Customer the option of paying a fixed price in full in several instalments, this is not a payment without commitment or a monthly subscription, but a payment schedule for the price of the Service. The full price corresponding to the sum of the instalments is due, regardless of the number of payments envisaged. The last payment date set is never more than three months after the end of the Service and/or the closure of the Customer's access to the Service. This payment facility does not constitute a credit or microcredit.

When payment in instalments is offered, the first instalment is paid on the date of the Order, and subsequent instalments are paid at intervals specified in the Order summary (unless otherwise specified, one month between each payment). In this case, the Customer guarantees the validity of his bank details until the last scheduled payment date. The Company reserves the right to refuse an Order in several instalments if the bank card expires before the last scheduled payment, or if the secure payment service provider objects.

Article 7. RIGHT OF WITHDRAWAL

Time limit. The Customer may withdraw from the contract concluded with the Company without giving any reason within a period of fourteen calendar days beginning on the day following the Order (the day following the day on which the contract was signed). If this period expires on a Saturday, Sunday or public holiday, it is extended until the last hour of the first working day thereafter.

Exercise. To exercise the right of withdrawal, the Customer shall notify contact@myfileme.com of his decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). The Customer may use the model withdrawal form, but is not obliged to do so. This is a consumer right and not a commercial guarantee.

In the event of withdrawal for one or more Services, the Company will reimburse the price paid no later than fourteen days from the day after receipt of the decision to withdraw, by the same means of payment as that used for the initial transaction, unless the Customer accepts a different means.

PLEASE NOTE THAT THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE FOLLOWING CASES :

• WHEN THE CUSTOMER IS A PROFESSIONAL.
• WHEN THE CONTRACT HAS BEEN CONCLUDED FOR A CURRENT OR FUTURE PROFESSIONAL PURPOSE.
• Supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal;
• Supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of the right of withdrawal;
• Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
• Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• Supply of goods made to the consumer's specifications or clearly personalized;
• Provision of accommodation services, other than residential accommodation, transportation services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time (conference, live event, etc.).

If the Customer requests a service directly after placing the Order, without waiting for the end of the withdrawal period, but does not waive his right to do so in the cases described above, he shall pay the Company an amount corresponding to the Service provided until communication of his decision to withdraw. This amount is proportionate to the total price of the Service agreed at the time of the Order. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been supplied.

Within the framework of legal exceptions and where required by law, the Customer may be asked at the time of the Order to indicate his agreement to receive the Service before the end of the withdrawal period and/or his waiver of the right of withdrawal via a checkbox or any other suitable means. Failing this, the Company reserves the right not to send any content to the Customer before expiry of the fourteen-day period, which the Customer expressly accepts.

Termination of service in the event of exercise. The exercise of the right of withdrawal terminates the obligation of the parties either to perform the contract or to conclude it when the consumer has made an offer. The exercise of the right of withdrawal from a main contract automatically terminates any accessory contract, at no cost to the consumer other than those provided for by law. The Customer is therefore informed that the Company will immediately cease the Service in the event of exercise of the right of withdrawal.

Article 8. CONDITIONS OF ACCESS TO THE SITE AND THE SERVICE

Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, shall be borne exclusively by the User. The Company may not be held liable for any material damage arising from use of the Site. In addition, the User undertakes to access the Site using recent, virus-free hardware and with an up-to-date, latest-generation browser. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access, in order to access the Site and the Service.

Access to the Service. The Company will provide the Identifiers enabling access to the Service no later than 48 hours from the date and time on which the Customer placed his Order, subject to acceptance of payment by his bank. It is therefore essential to provide a valid e-mail address. The conditions of access to the Service may vary according to the conditions for exercising the right of withdrawal, in accordance with the terms and conditions set out in the GTCS and the law.

Customers are invited to contact the Company if they have not received or have mislaid their Identifiers, so that these can be reset within 48 hours. The subsequent provision of Identifiers releases the Company from any liability to the Customer, who may not hold the Company responsible for any unavailability of the Service.

Identifiers are individual and personal. Any connection Identifier provided by the Company to the Customer is strictly personal, individual, confidential and non-transferable. The Customer undertakes to subscribe to the Service exclusively for personal use and declares that he will not resell, distribute or rent to third parties all or part of the Services, and in particular the content of the Services or any other product received as part of his Order. Any Customer who fails to comply with this undertaking shall be liable to prosecution. The Customer shall be liable for any unauthorized, fraudulent or abusive use of his Identifiers, and shall immediately inform the Company of any loss or theft thereof. In the event of a proven breach of the conditions of access to the Site or Service, the Company reserves the right to suspend access to the Service, without compensation, prior notice or prior information.

Number of accesses. Unless specific conditions provide for more extensive access, the subscription to a Service by a Customer includes access rights for one person only, regardless of the number of employees or establishments of the Customer. If the Customer wishes several of its employees, collaborators, partners or any other person to have access to the Service, it must subscribe to as many contracts as the number of persons for whom access to the Service is desired.

Maintenance. The Site may be subject to maintenance, and the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or the Service in order to carry out maintenance (in particular by means of updates) or for any other reason, without such interruption giving rise to any obligation or compensation.

Availability. The Company uses all reasonable means at its disposal to ensure continuous, high-quality access to the Site and the Service, but is under no obligation to do so. In particular, the Company cannot be held responsible for any network or server malfunction or any other event beyond its reasonable control, which may prevent access to the Site or the Service.

Use in good faith - Third-party sites. Any contribution space on the Site to which the Customer may have access as part of a Service, including on social networks and groups, must be used in good faith. The Customer shall refrain from making any defamatory, threatening, hateful, intolerant, obscene, etc. remarks, and from any disparaging publication likely to infringe the rights of the Company, of other Users, of third parties or contrary to the law.

The Company reserves the right to refuse access to all or part of the Site, Service, contribution areas and groups, or to limit access rights to contribution areas and groups, unilaterally and without prior notice to any Customer who fails to comply with the GTC, any conditions of use of the Site, Service and/or any third-party sites, platforms and tools accessible as part of the Service or, more generally, any legal or regulatory obligation.

The Customer undertakes to inform himself/herself of the conditions of use of any third-party sites, social networks, platforms and tools accessible as part of the Service, and to comply with them. The Company has no control over these conditions and declines all responsibility in the event of the Customer being banned from or involved in a dispute with these third-party sites.

Article 9. WARRANTY OF CONFORMITY

THE CUSTOMER IS EXPRESSLY INFORMED THAT THIS GUARANTEE DOES NOT APPLY TO PROFESSIONAL CUSTOMERS AND SERVICES OTHER THAN DIGITAL SERVICES, WHETHER OR NOT THE PROFESSIONAL USES DIGITAL FORMATS OR MEANS TO CREATE THE PRODUCT OR SERVICE, SUPPLY IT OR TRANSMIT IT TO THE CONSUMER.

Article 10. PROTECTION OF PERSONAL DATA

The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of their data - the purpose of which is the management of contracts and Orders, the provision and improvement of the Site and Service, commercial prospecting and the handling of disputes - complies with the General Data Protection Regulation (RGPD) and the French Data Protection Act (Loi Informatique et Libertés) in its latest version.

In order to provide the Service or certain digital content, the Company is required to collect and process the following data concerning the Customer: surname, first name, email address, telephone number, billing address, bank details.

Customers' personal data will not be kept beyond the period strictly necessary for the purposes indicated. Certain data enabling proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the prescription and foreclosure periods of any legal or administrative actions that may arise.

In accordance with the Data Protection Act and the RGPD, the Customer or any person concerned by the processing has, in accordance with the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be the subject of an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.

The Customer is hereby informed and accepts that the Site and/or the Service may include technical devices which enable usage to be tracked (user account connected, IP address, type of application used, various logs of connection and use of the User account, etc.) and which are likely to be used as part of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.

Any request to exercise this right may be sent by e-mail to contact@myfileme.com. Any person concerned by data processing has the right to lodge a complaint with the Commission Nationale Informatique et Libertés.

The Company may request the Customer's telephone number in connection with an Order. Consumers who do not wish to be the subject of commercial canvassing by telephone are informed that they may, free of charge, register on a telephone canvassing opposition list called "Bloctel" (more information on bloctel.gouv.fr). If the Customer is registered on this list, the Company will not engage in telephone canvassing and may only contact the Customer by telephone for solicitations made in connection with the execution of an Order in progress and related to the purpose of the Order.

In order to deal with security incidents, threats or situations of vulnerability, the Company may implement the following measures on the Internet: informing Customers and the supervisory authority if necessary, raising awareness among Company teams, reinforcing the security of Company premises and workstations. The Company may also take the following measures with regard to its customers: make customer access to the Service conditional on the modification of their Identifiers, require them to strengthen the security of their passwords, implement authentication procedures offering enhanced security.

For further information on automated data processing and how to exercise their rights, Users may consult the privacy policy, which is accessible at all times on the Site.

Article 11. PARTNER SITES - HYPERTEXT LINKS

The User may access, via hypertext links present on the Site or as part of a Service, the sites of Partners or third parties, designed and managed under the responsibility of third parties who are not subject to the GTC. The User is therefore invited to read the contractual conditions of use or sale, as well as the privacy policies or any other legal information applicable to these Partner or third-party sites.

The Company has no control over these sites and their content, and declines all responsibility for their content and the use made by any third party of the information contained therein. This clause applies to all Partner content.

If a third-party site directs its users to the Site, the Company reserves the right to request the removal of the hypertext link pointing to the Site if it considers that this link does not comply with its rights and legitimate interests.

Article 12. FORCE MAJEURE OR IMPOSSIBILITY OF PERFORMANCE

The performance of the Company's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which prevents performance. This suspension may concern all or part of the Service. In this case, the Company will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to a refund. In the event of a partial suspension, only a partial refund will be granted.

Under the conditions provided for by law, Customers expressly accept that they may not invoke a case of force majeure to postpone payment (of an invoice, for example) for a Service supplied or in the process of being supplied, or to refuse delivery of an Order placed.

The following are considered to be cases of force majeure or fortuitous event, in addition to those usually recognized by the jurisprudence of the courts and tribunals, and without this list being restrictive: strikes or industrial disputes internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any kind, or any other circumstance beyond the reasonable control of the Company.

The Company shall not be held liable for any difficulties encountered by the User or the Customer in accessing the Site and/or the Service due to technical or software failure or any other cause beyond its control. The Customer acknowledges that he/she is aware of the technical hazards inherent in the Internet and the mobile network, and of the malfunctions that may result. Consequently, the Company cannot be held responsible for any unavailability, slowdown or failure of the Internet network or of any IT solutions whatsoever, except in the event of proven negligence on its part.

Furthermore, in the event of the inability to work of the person(s) in charge of the Service, as a result of illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace him/her and/or suspend the Service without the Customer being able to demand payment of any compensation whatsoever. The Company will inform the Customer within a reasonable time of this incapacity and, as far as possible, of its duration. Only a definitive impediment confirmed by the Company may give rise to a refund. In the event of a partial impediment, only a partial refund will be granted.

Article 13. INTELLECTUAL PROPERTY RIGHTS

The Company or its Partners hold all intellectual property rights relating to the Site and the Service. Intellectual property rights include, but are not limited to, all content, text, images, videos, graphics, logos, icons, sounds and software appearing on the Site or constituting the tools and media provided on the Site and as part of the Service.

Access to the Site and the Service does not confer any right on the User or Customer to the intellectual property rights relating to the Site and the Service, which remain the exclusive property of the Company or its Partners.

The User or Customer may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site and the Service without the prior written authorization of the Company or its Partners.

Any use of all or part of the Site or the Service not authorized in advance by the Company or its Partners, for any reason whatsoever, may be the subject of any appropriate action, in particular an interruption of access to the Service or an action for infringement.

In return for payment of the price requested at the time of Ordering, the content, techniques, know-how and methods transmitted and, more generally, all information contained in the Service are subject to a strictly personal, non-transferable and non-exclusive right of use for the duration of the Service selected by the Customer at the time of Ordering, for the duration of the contract only.

In this respect, the Customer undertakes not to use or exploit the Service on behalf of others, including his employees or entourage. The Customer shall be liable for any unauthorized transfer or communication of Service content, or for any sharing whatsoever of the Customer's login details. The Customer is responsible for the respect of the intellectual property rights of the Company or its Partners by all its employees who may have access to the restricted contents of the Site and all the contents of the Service.

All distinctive signs used by the Company are protected by law, and any unauthorized use by the Company may give rise to legal proceedings. The Company reserves the right to terminate the Customer's access to the Service in the event of infringement of its intellectual property rights, without prejudice to any penalties and damages.

Article 14. NOTICES, REFERENCES AND COMMUNICATION

<strong<Information on notices. Customers may be invited to give their opinion on the Service they have benefited from by filling in the form provided for this purpose. They undertake to provide an accurate description of their consumption experience.

Reviews on the Site are listed in alphabetical/chronological order and are checked by the Company before publication, of which the Customer is expressly informed (positive reviews only).

Once published, the Customer may request to modify or withdraw his review by writing to contact@myfileme.com. The Company reserves the right not to publish the modified review.

If the Company refuses to publish the review, the Customer will be informed by email within one month.

Users are therefore expressly informed that reviews are checked before publication and are provided for information purposes only.

Customer reference. Customers may be asked by the Company to be listed as beneficiaries of the Service. With the Customer's consent, the Company may be authorized to mention the Customer's name, the advice given to the Company on the Service and an objective description of the nature of the Service provided to the Customer in its reference lists and proposals to prospects and Customers, in particular on the Site, for advertising and promotional purposes, in interviews with third parties, in communications to its personnel, in internal management planning documents, and in the event of legal, regulatory or accounting provisions requiring it.

Authorization to operate. When the Customer sends written material, videos and/or photographs to the Company to give its opinion or testify about the Service provided by the Company, and where applicable issues comments or publications concerning the Company (for example, on its social networks), to which its identifier and profile photo on the social networks are attached, then the Customer authorizes the Company to exploit this content for the promotion of its commercial activities. The content may be protected by image rights and/or copyright, in which case the Customer grants the Company the right to adapt it (in form) and reproduce it on any medium, in particular by presenting it as a commercial reference and/or as a notice. For example, the Company may take screenshots of publications on social networks concerning the Company or the Service from which the Customer has benefited, and reproduce them on the Site as reviews.

The Customer acknowledges that he is fully entitled to his rights and may not claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, plus 70 years, and for the whole world. The Company reserves the right to submit to the Customer any other request for authorization to take photographs and transfer rights, for all cases not provided for herein or on an ad hoc basis.

Article 15. CHANGES TO THE GENERAL TERMS AND CONDITIONS

The Company reserves the right to modify the terms, conditions and mentions of the GTC at any time and without prior notice in order to adapt them to changes in the Site or its operation, and in the characteristics of the Service. The applicable conditions are those accepted by the Customer and sent to the Customer in the case of distance selling by any means of communication on a durable medium.

Modifications to the General Terms and Conditions made by the Company will not apply to Services already subscribed to, except for clauses relating to the technical evolution of the Service, provided that this does not result in a price increase, or alteration of the quality or characteristics to which the non-professional or consumer Customer has subjected his commitment.

The Customer may also be asked to accept the modified GTS, failing which the last GTS accepted will continue to apply until the Service has been fully executed. Should the Company be unable to continue providing the Service under the previous conditions, the Customer may request termination and reimbursement. In this case, the Company may retain an amount corresponding to the Service provided until termination, in accordance with the conditions laid down by law.

Article 16. LIABILITY

Warranty. Except under the conditions of any applicable legal or commercial warranties, the Company is under no obligation of result and provides no express or implicit warranty, including, but not limited to, warranties relating to the continuity, performance, results or durability of the Service provided, which are subject to contingency.

The price of the Service does not in any way include the costs to be incurred by the Customer in the course of his activities to achieve his objectives, and any amount of costs, for example for advertising, is always provided purely as an indication in the context of the Service.

Any objectives, success stories or examples presented by the Company on the Site and as part of the Service presuppose the concrete and effective implementation of all the advice, techniques and tools that may be provided as part of the Service, and in no way constitute a promise of gain or results. The Company can in no way guarantee that the Customer will obtain similar results, and these references are used by way of example only.

Responsibility of Users and Customers. The User or Customer is solely responsible for his or her interpretation of the information provided under the Services, for the advice he or she deduces or which has been provided to him or her under the Services, and for the adaptations made for his or her own activities. Use of the information is made under the sole responsibility of the Customer and at the Customer's own risk, which the Customer expressly accepts.

The Customer acknowledges that he/she has received sufficient information and advice before committing him/herself, and is aware that any result sought involves, by its very nature, risks and requires considerable effort. The Customer declares that he/she is fully aware that the Services offered are for information purposes only and do not commit the Company to obtaining any result whatsoever by the Customer, except in the case of a commercial and specific guarantee applicable to the Service. All Services are not medical, psychological, legal or financial services. It does not lead to a state-recognized diploma, and has never been offered as such by the Company. The Customer remains perfectly free to withdraw from the Service under the conditions stipulated in the contract. He acts under his sole and exclusive responsibility.

As a publisher, the Customer assumes responsibility for the communication of information to the public and editorial responsibility for all its communication, both physical and online, including but not limited to its site(s), blogs, pages and accounts on social networks. The Customer is solely responsible for the quality, legality and relevance of the data and content it transmits to the public.

Limitation of liability. Regardless of the type of Service package selected by the Professional Customer, the Company's liability is expressly limited to compensation for direct damages proven by the Professional Customer. Under no circumstances shall the Company be held liable for indirect damage such as loss of data or files, operating loss, commercial loss, loss of earnings, or damage to the Professional Customer's image or reputation. Similarly, the Company may not be held liable for direct or indirect damage caused to the User's equipment when accessing the Site or Service, and resulting either from the use of equipment that does not meet the specified conditions, or from the appearance of a bug or incompatibility.

IN ANY EVENT, THE COMPANY'S LIABILITY TO PROFESSIONALS IS CAPPED AT THE AMOUNT OF THE PRICE PAID, EXCLUSIVE OF TAX, BY THE CUSTOMER IN RETURN FOR THE PROVISION OF THE SERVICE TO WHICH THE DISPUTE RELATES. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM THAT THE COMPANY MAY BE CALLED UPON TO PAY BY WAY OF COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, IRRESPECTIVE OF THE HEADS OF PREJUDICE ALLEGED AND THE LEGAL GROUNDS USED, UNLESS OTHERWISE STIPULATED BY LAW OR CASE LAW.

Article 17. GENERAL

These General Terms and Conditions of Sale and all sales and purchase transactions referred to herein are governed by Swiss law, unless the law applicable to the Customer provides otherwise, in particular where the Customer is a consumer governed by other legislation. They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the Company shall not constitute a waiver by the Company of the other clauses hereof, which shall continue to produce their effects, nor a waiver of the right to invoke them for the future.

The Customer accepts that the Company may transfer the present contract to its affiliated companies or to a purchaser without its prior consent.

Article 18. DISPUTES

Amicable settlement. In the event of a dispute, the Customer shall first contact the Company to attempt to find an amicable solution.

Mediation. In the event of difficulty in the application of the present contract, the consumer Customer residing in Europe has the possibility, before taking any legal action, of requesting the recourse of a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso.

The mediator will attempt, independently and impartially, to bring the parties together with a view to finding an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer may refer to the Online Dispute Resolution (ODR) platform accessible from the following URL address: https: //ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

Disputes between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY CONCERNING THE SERVICE, INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN THE JURISDICTION OF THE CITY OF THE COMPANY'S REGISTERED OFFICE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD-PARTY CLAIMS, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR PETITION.