Article 1 – Identification of the Parties
These General Terms and Conditions govern the relationship between:
Article 2 – Definitions
Article 3 – Purpose of the GTC
These General Terms and Conditions (“GTC”) set out the conditions under which SMART GLOBAL makes Answer Writer available to the Client.
Article 4 – Eligibility for the Freemium Account
The Freemium Account is strictly reserved for users with a valid professional email address. Public domains such as Gmail, Yahoo, or Outlook are strictly excluded. SMART GLOBAL reserves the right to verify eligibility and to close any non-compliant account.
Article 5 – Conditions of Access and Use
The Client expressly accepts these GTC upon registration by electronic explicit acceptance.
The Client also explicitly and separately accepts the SLA available on the website.
Article 6 – Financial and Pricing Conditions
The Freemium is free but limited.
The Premium Account is concluded for a firm period of twelve (12) months, automatically renewable for identical periods. THIS RENEWAL MAY BE CANCELED BY THE CLIENT PROVIDED THAT SMART GLOBAL IS INFORMED AT LEAST SIX (6) MONTHS BEFORE THE ANNUAL EXPIRY DATE. THIS NOTICE PERIOD ALLOWS SMART GLOBAL TO GUARANTEE THE CONTINUITY AND QUALITY OF THE SERVICE FOR THE CLIENT. THE CLIENT EXPRESSLY ACKNOWLEDGES THAT THIS NOTICE PERIOD IS JUSTIFIED BY THE TECHNICAL AND ORGANIZATIONAL INVESTMENTS REQUIRED FOR THE PROPER PERFORMANCE OF THE SERVICE.
The Client may choose between:
Article 7 – Exclusive Use of the Results
The Results generated by Answer Writer are intended exclusively for the Client’s internal use. Any resale, commercialization, or external distribution is prohibited without SMART GLOBAL’s prior written authorization.
BY EXCEPTION, THE CLIENT MAY COMMERCIALLY EXPLOIT THE RESULTS ONLY AFTER A “SUBSTANTIAL TRANSFORMATION.” THIS TERM IS DEFINED AS A MODIFICATION THAT IS:
A mere retouch, correction, translation, formatting, or minor adaptation does not constitute a substantial transformation.
Article 8 – Intellectual Property
SMART GLOBAL holds all intellectual property rights to Answer Writer, its AI, its algorithms, and associated content.
The Client only has a non-exclusive, non-transferable, and revocable license for internal use. Any attempt to access the source code through reverse engineering is strictly prohibited.
Article 9 – Client’s Responsibility
Use of the Results is the sole responsibility of the Client. The Client must systematically verify their accuracy and relevance before any professional use.
Article 10 – Availability and Maintenance
Article 11 – Limitation of Liability Related to AI
Article 12 – Personal Data Protection
SMART GLOBAL guarantees full compliance with the GDPR (policy available on the website).
Article 13 – Termination
To terminate the Premium subscription, the Client must notify SMART GLOBAL at least six (6) months before the expiry date:
Article 14 – Force Majeure
SMART GLOBAL cannot be held liable in the event of force majeure as defined by French case law.
Article 15 – Confidentiality
The Parties undertake to strictly maintain the confidentiality of all information exchanged during and after the term of the contract.
Article 16 – Amendment of the GTC
SMART GLOBAL may modify these GTC. ANY SUBSTANTIAL MODIFICATION REQUIRES THE CLIENT’S EXPLICIT ACCEPTANCE.
Article 17 – Governing Law and Dispute Resolution
These GTC are governed exclusively by French law.
Any dispute not resolved amicably shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC in Paris), in French, by a sole arbitrator. The seat of the arbitration shall be Paris, France.
Article 18 – General Conditions of Use (GCU)
The Client also accepts the General Conditions of Use (GCU) available on the website. In the event of any conflict, these GTC shall prevail.
Article 19 – International Sale
The Client expressly accepts the exclusive application of French law, acknowledges being informed of the data processing carried out from France, and assumes responsibility for compliance with the regulations in its own country.
