Article 1 – Scope of application.
The terms and conditions outlined herein govern all usage of the Pipecorn services offered through the Pipecorn domain pipecorn.com (the “Website”). The Services, as defined below, are provided by Pronto (SIRET : 93994877400012) subject to the Customer’s acceptance, without modification, of all terms and conditions contained herein (the “Terms and Conditions”).
Please read these Terms and Conditions carefully before accessing or using the Services. By opening an Account, the Customer agrees to be bound by the Terms and Conditions presented during the account creation process via a specific checkbox. If the Customer does not agree to all the Terms and Conditions, then the Customer may not access or use the Services. If these Terms and Conditions are considered an offer by Pipecorn, acceptance is expressly limited to these terms. The Agreement excludes all other general and/or special terms and conditions applied by the Customer. The Services are available only to individuals who are at least 18 years old.
Article 2 – Definitions.
The capitalized terms shall have the meanings ascribed to them:
- “Customer”: Refers to the natural person or legal entity entering into these Terms and Conditions for professional purposes.
- “Data”: Refers to all data extracted by Pipecorn and provided to the Customer as part of the Services.
- “Intellectual Property Rights”: Refers to patents, copyrights, trademarks, service marks, domain names, and all similar rights worldwide.
- “Pipecorn”: Refers to the limited liability company, Pronto (SIRET : 93994877400012), operating the Services, or any legal successor.
- “Services”: Refers to the services provided by Pipecorn to assist the Customer in optimizing digital marketing strategies and engagement through innovative tools on the Website.
- “User”: Refers to any person authorized by the Customer to access the Services.
Article 3 – Purpose and description of the Services.
These Terms and Conditions aim to define the rules applicable to the Services offered by Pipecorn, which include various digital marketing and customer engagement tools designed to enhance the Customer’s online presence and effectiveness. Pipecorn grants the Customer the right to access the Services through a Customer Account under the terms outlined below, and the use of the Services is subject to the payment of fees as indicated during the subscription process.
Article 4 – Customer’s Pipecorn Account and conditions to subscribe to the Services.
The Customer must create an account on the Website to use the Services (“Account”). An Account includes a unique identifier (login) and a password or other form of identification as determined by Pipecorn. The Customer is solely responsible for maintaining the security of the Account and for all activities that occur under the Account. Pipecorn will not be liable for any acts or omissions by the Customer, including any damages incurred from such acts or omissions.
Article 5 – Use of the Services.
The Customer undertakes to use the Services exclusively for professional needs and in compliance with their intended purpose. The Customer must not engage in any activities that would violate applicable laws or infringe on intellectual property rights.
Article 6 – Payment and Invoicing
The Customer agrees to pay the fees corresponding to the subscription plan chosen at the time of registration or ordering of Services. Pipecorn accepts payments made via credit card, debit card, and wire transfer. Fees are billed on a recurring basis and will be charged according to the terms discussed during the signup process. Should the Customer wish to cancel the subscription, they must do so before the end of the current billing cycle to avoid charges for the next cycle. Pipecorn will not refund any remaining credits or service time once a subscription is cancelled.
Article 7 – Refunds
Pipecorn does not offer refunds for any services already provided or any credits used. This is because once the service is rendered or the credits are used, they cannot be restored or reused by Pipecorn. Unused credits within an active subscription may be rolled over into the next billing period only if the subscription is renewed.
Article 8 – Customer Support
Customer support is available through email and live chat. Support requests via live chat are addressed promptly during business hours, while email inquiries will receive a response within one to three business days. The quality and promptness of support may vary based on the demand and the nature of the inquiry.
Article 9 – Intellectual Property Rights
The use of the Services does not grant the Customer any rights to the intellectual property of Pipecorn or its licensors. All rights, titles, and interests in and to such properties will remain solely with Pipecorn. The Services and all rights therein are and shall remain the property of Pipecorn. No rights are granted to the Customer except as expressly set forth in these Terms and Conditions.
Article 10 – Customer’s Responsibilities
The Customer is responsible for all activity conducted under their account and must use the Services lawfully and only for the intended purposes defined in these Terms and Conditions. Unauthorized use of the Services, including but not limited to, unauthorized entry into Pipecorn’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
Article 11 – Termination
Pipecorn may terminate the Services and these Terms and Conditions at any time without notice if the Customer violates any of the terms of these agreements. Additionally, Pipecorn may discontinue the Services or any part thereof at any time, which may result in the loss of data. The Customer agrees that Pipecorn will not be liable for any such termination or discontinuation.
Article 12 – Modifications to Terms
Pipecorn reserves the right to modify these Terms and Conditions at any time. Such modifications will be effective immediately upon posting the modified terms on the Website. Continued use of the Services after any such changes shall constitute the Customer’s consent to such changes.
Article 13 – Limitation of Liability
Under no circumstances shall Pipecorn be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of the Services or any other claim related in any way to the Customer’s use of the Services. Pipecorn’s liability in such jurisdictions shall be limited to the extent permitted by law.
Article 14 – Indemnification
The Customer agrees to indemnify and hold harmless Pipecorn, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from the Customer’s use of and access to the Services, or from or in connection with the Customer’s violation of these Terms and Conditions.
Article 15 – Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information received during the course of the service, except as otherwise required by law or if such information is in the public domain or already in the recipient’s possession.
Article 16 – General Provisions
These Terms and Conditions constitute the entire agreement between the Customer and Pipecorn concerning the Services and supersede all prior agreements or communications. The failure of Pipecorn to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
Article 17 – Governing Law and Jurisdiction
These Terms and Conditions and the relationship between the Customer and Pipecorn shall be governed by the laws of France without regard to its conflict of law provisions. The courts of Paris shall have exclusive jurisdiction over any disputes arising from or related to these Terms and Conditions or the Services provided.
This document serves as a comprehensive guide for the rights and responsibilities of both the Customer and Pipecorn. It is highly recommended to have legal counsel review this document to ensure compliance with local laws and regulations applicable to your business operations.
Article 18 – Data Protection
Pipecorn is committed to protecting the privacy and security of the personal data it processes. The handling of all personal data is conducted in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Pipecorn processes personal data only as necessary for the provision of the Services and as further described in our Privacy Policy available on the Website.
Article 19 – Force Majeure
Neither party shall be liable for any failure to perform its obligations under these Terms and Conditions if such failure is caused by the occurrence of unforeseen events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Article 20 – Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by Pipecorn (i) via email (in each case to the address that the Customer provides) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Article 21 – Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pipecorn to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Article 22 – Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between the Customer and Pipecorn with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
Article 23 – Feedback and Comments
Pipecorn encourages feedback from its Customers. Any feedback or comments related to the Services provided by Pipecorn may be used in promotional materials or to improve the Services. The Customer grants Pipecorn a perpetual, non-exclusive, royalty-free license to use such feedback in its business operations.
Article 24 – Assignment
The Customer may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Pipecorn’s prior written consent. Any attempt by the Customer to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. Pipecorn may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Article 25 – Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of France. The parties irrevocably consent to bring any action to enforce these Terms and Conditions in the federal or state courts located in Paris, France.
This comprehensive framework of Terms and Conditions ensures both parties understand their rights and obligations within the scope of Pipecorn’s services. Customers should review these terms carefully and consult with legal advisors to ensure comprehension and agreement.