General Conditions of Use

Last updated: October 2024

1. Object

The purpose of these general conditions is to define the terms and conditions of use of the services offered on our websites (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

In particular, they are accessible and printable at any time by a direct link at the bottom of the site's home page.

They may be supplemented, if necessary, by terms of use specific to certain Services. In the event of a contradiction, the special conditions prevail over these general conditions.

2. Operator of Services

The Services are operated by the company Emerit Science Société par Action Simplifié with a share capital of 25,000 euros, registered with the RCS of Le Havre under number 930785373 whose registered office is located at 85 Boulevard de Strasbourg 76600 Le Havre (hereinafter: "Emerit Science").

Emerit Science can be contacted at the following contact details:

Postal address: 85 Boulevard de Strasbourg, 76600, Le Havre

Email address: contact@emeritscience.com

3. Access to the Site and Services

The Services are accessible, subject to the restrictions provided on the site:

To any natural person with full legal capacity to commit to these general conditions. The natural person who does not have full legal capacity can only access the Site and the Services with the agreement of his legal representative;
To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

4. Acceptance of the terms and conditions

The acceptance of these general conditions is materialized by a check box in the registration form. This acceptance can only be complete and complete. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these terms and conditions must not use the Services.

5. Registration on the website

5.1

The use of the Services requires the User to register on the site, by filling out the form provided for this purpose. The User takes all necessary measures to protect access to his account, in particular by using a strong and unique password. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") that allows him to manage his use of the Services in a form and according to the technical means that Emerit Science deems most appropriate to render said Services.

The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not tainted with any misleading character.

He undertakes to update this information in his Personal Space in the event of changes, so that it always corresponds to the above criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

If you create an account using an email address belonging to an organization (for example, your employer), this account can be added to the work account that the organization has with us, in which case we will inform you so that you can facilitate the transfer of your account (unless your organization has already informed you that it can monitor and access your account). Once your account has been transferred, the organization's administrator will be able to control your account, including accessing the Content (defined below) and restricting or deleting your access to the account.

5.2

The User can access his Personal Space at any time after having identified himself using his login ID and password.

The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to assume the entire responsibility.

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact Emerit Science at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the right to Emerit Science to take all appropriate measures in such a case.

6. Description of Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Emerit Science deems most appropriate.

6.1 User content

Content. As a user, you can provide data to the Services ("Input Data") and receive output data from the Services based on the Input Data ("Output Data"). Input Data and Output Data are collectively referred to as "Content". You are responsible for the Content, in particular by ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all the rights, licenses and authorizations necessary to provide Input Data to our Services.

In particular, you undertake that your Entry Data is lawful, does not violate public order, morality or the rights of third parties, does not violate any legislative or regulatory provision and more generally, is in no way likely to jeopardize the civil or criminal liability of Emerit Science.

The User thus prohibits himself from broadcasting in the Services, in particular and without this list being exhaustive:

Pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist Content,

Infaling Content,

Content that violates the image of a third party,

Content that is false, misleading or offers or promotes illegal, fraudulent or misleading activities,

Content harmful to third-party computer systems (such as viruses, roms, Trojans, etc.),

And more generally Content that may infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

Ownership of the Content. As part of your relationship with Emerit Science, and to the extent permitted by applicable law, you (a) retain your property rights in the Input Data and (b) own the property rights in the Output Data. We hereby assign to you all our rights, titles and interests, if any, on the Output Data. 

Similarity of Content. Due to the nature of our Services and artificial intelligence in general, Output Data may not be unique and other users may receive Similar Output Data from our Services. The above assignment does not extend to the Output Data of other users, nor to the Exit Data of Third Parties.

Our use of the Content. We may use your Content worldwide to comply with applicable law, enforce our terms and policies, and ensure the security and functionality of our Services.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, more reliable, more secure and more beneficial. Given the probabilistic nature of machine learning, the use of our Services may, in certain situations, result in Output Data that does not faithfully reflect actual people, places or facts.

When you use our Services, you understand and agree that:

Output Data is not always accurate. You should not rely on Exit Data from our Services as the only source of truth or factual information, or as a substitute for professional advice.

You must evaluate the accuracy and relevance of the Output Data based on your use, including the use of a human review if applicable, before using or sharing the Exit Data from the Services.

You must not use the Exit Data concerning a person for purposes that could have a legal or significant effect on that person, such as making decisions regarding credit, education, employment, housing, insurance, legal, medical or other important decisions concerning him.

Our Services may provide incomplete, incorrect or offensive Exit Data that does not represent the opinions of Emerit Science. If the Output Data refers to third-party products or services, this does not mean that the third party endorses or is affiliated with Emerit Science.

7. Paid services

7.1 Pricing

The price of the Services is indicated on the site.

Unless otherwise stated, they are expressed in euros and all French taxes included.

Emerit Science reserves the right, at its own discretion and in accordance with the terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.

7.2 Review of prices

Emerit Science reserves the right, at its own discretion and in accordance with terms and conditions for which it will be the sole judge, to increase the price of its services. If applicable, we will inform you at least 30 days in advance and the price increase will take effect on your next renewal so that you can cancel your subscription if you do not agree with the price increase.

7.3 Invoicing

The Services are the subject of invoices that are communicated to the User by any useful means.

7.4 Terms of payment

The terms of payment of the price of the Services are described on the site.

Payment is made by direct debit from the User's credit card number.

The direct debit is implemented by the payment provider designated on the site, who alone keeps the User's bank details for this purpose. Emerit Science does not keep any bank details.

The User guarantees to Emerit Science that he has the necessary authorizations to use the chosen payment method. He undertakes to take the necessary measures so that the automatic debit of the price of the Services can be made.

Paid subscriptions. Some of our Services allow you to purchase paid subscriptions to benefit from improved features and functionality (the "Benefits"). The exact nature of the Benefits varies from one Service to another and will be specified to you before purchase. You can manage your paid subscription from your account settings. 

Fresh. All fees, including subscription fees, will be specified to you before purchase.

Billing. If you subscribe to a paid subscription or purchase Services, you must provide complete and accurate billing information, including a valid payment method. The direct debit is implemented by the payment provider designated on the site, who alone keeps the User's bank details for this purpose. Emerit Science does not keep any bank details.

Your payment method will be automatically charged each time you renew your agreed subscription until you cancel it. If your payment cannot be made, we may downgrade your account or suspend your access to our Services until we receive the payment.

7.5 Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of a sum due at its maturity will automatically result, without prejudice to the provisions of Article 12 and without prior notice:

(i) the forfeiture of the term of all sums owed by the User and their immediate eligibility;

(ii) the immediate suspension of the current Services until full payment of the full amounts owed by the User;

(iii) the invoicing to Emerit Science of late payment interest at the rate of legal interest, based on the amount of all sums owed by the User.

8. Data

The User expressly acknowledges and accepts:

(i) that the data collected on the site and on the computer equipment of Emerit Science are proof of the reality of the operations involved in the context of the present;

(ii) that these data constitute the only method of proof accepted between the parties, in particular for the calculation of the amounts due to Emerit Science.

The User can access this data in his Personal Space.

9. Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:

9.1

The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he is solely responsible for the proper completion of all formalities, including administrative, tax and/or social formalities, and for all payments of contributions, taxes or taxes of any kind incumbent on him, if any, in connection with his use of the Services. The responsibility of Emerit Science cannot under any circumstances be engaged in this regard.

9.2

The User acknowledges having read on the site the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.

9.3

The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

9.4

The User is also solely responsible for the relationships he may establish with other Users and the information he communicates to them as part of the Services. It is up to him to exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.

9.5

The User undertakes to make strictly personal use of the Services. It is therefore prohibited to assign, concede or transfer all or part of its rights or obligations hereunder to a third party, in any way whatsoever.

9.6

The User undertakes to provide Emerit Science with all the information necessary for the proper execution of the Services. More generally, the User undertakes to actively cooperate with Emerit Science for the proper execution of the present. The User must inform Emerit Science immediately in the event of unauthorized use of his account or any security breach.

9.7

The User acknowledges that the Services offer him an additional but not alternative solution to the means that he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.

9.8

The User must take the necessary measures to save by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided to him.

9.9

10. User Guarantee

The User guarantees Emerit Science against any complaints, claims, actions and/or claims of any kind that Emerit Science may suffer as a result of the User's violation of any of its obligations or guarantees under these general conditions.

He undertakes to indemnify Emerit Science for any damage it may suffer and to pay it all costs, charges and/or convictions that it may have to bear as a result.

11. Prohibited behaviors

11.1

It is strictly forbidden to use the Services for the following purposes:

The exercise of illegal, fraudulent activities or activities that infringe the rights or safety of third parties.
Violation of public order or violation of the laws and regulations in force.
Intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate its integrity or security.
The sending of unsolicited emails and/or prospecting or commercial solicitation.
Manipulations intended to improve the referencing of a third-party site.
Attempt or assist anyone in reverse engineering, decompiling or uncovering the source code or underlying components of our Services, including our models, algorithms or systems (except to the extent that such prohibition is prohibited by applicable law).
Automatically or programmatically extract data or Output Data (defined below).
Declare that the Output Data was generated by a human when this is not the case.
Interfere with or disrupt our Services, including circumventing any rate limits or restrictions or circumventing any measures to protect or mitigate the harmful effects we implement to protect our Services.
Use Output Data to develop models that compete with Emerit Science.
Assist or encourage him, in any form and in any way whatsoever, in one or more of the acts and activities described above, and more generally any practice that diverts the Services for purposes other than those for which they were designed.

11.2

Users are strictly prohibited from copying and/or diverting the concept, technologies or any other element of the Emerit Science site for their own purposes or those of third parties.

11.3

Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of Emerit Science, (iii) any diversion of the system resources of the site, (iv) all actions likely to impose a disproportionate burden on the infrastructures of the latter, (v) any violations of security and authentication measures, (vi) any acts likely to infringe the financial, commercial or moral rights and interests of Emerit Science or the users of its site, and finally more generally (vii) any breach of these general conditions.

11.4

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the site, as well as the information hosted and/or shared therein.

14. Cybersecurity

14.1 Logging and monitoring of activities (logs)

As part of the improvement of the Service and security, Emerit Science can record the User's activities (logs). These logs are kept for a period of one year and are protected against unauthorized access. These recordings will only be used to ensure the proper functioning and security of the Service.

14.2 Security updates

The services offered by Emerit Science may be subject to regular updates, including security patches to protect the User's data against potential threats. The User is required to ensure that his environment is updated to benefit from the latest security improvements.

14.3 Notification of security incidents

In the event of a breach of the security of the User's data, Emerit Science undertakes to notify the User as soon as possible, providing him with the information necessary to understand the nature of the violation and the measures taken to remedy it. The User undertakes to cooperate in the context of any investigations.

14.4 Security tests and audits

Emerit Science reserves the right to perform regular security tests to identify potential vulnerabilities in the Service. The results of these tests will remain confidential and will only be used to continuously improve the security of the Service.

14.5

Emerit Science is not aware of the Content posted by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in relation to which it only intervenes as a hosting provider.

Consequently, Emerit Science cannot be held responsible for the Content, whose authors are third parties, any possible claim must be directed first to the author of the Content in question.

Content harmful to a third party may be notified to Emerit Science in accordance with the procedures provided for in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, Emerit Science reserving the reserve to take the measures described in Article 12.

14.6

Emerit Science declines all responsibility in the event of any loss of information accessible in the User's Personal Space, the latter must save a copy and cannot claim any compensation for this.

13. Emerit Science's responsibility and guarantee

13.1

Emerit Science undertakes to provide the Services diligently and according to the rules of the art, it being specified that it is subject to an obligation of means, to the exclusion of any obligation of result, which the Users expressly recognize and accept.

13.2

Consequently, Emerit Science cannot be held responsible for the Content, whose authors are third parties, any possible claim must be directed first to the author of the Content in question.

13.3

Emerit Science declines all responsibility in the event of any loss of information accessible in the User's Personal Space, the latter must save a copy and cannot claim any compensation for this.

13.4

Emerit Science undertakes to carry out regular checks to verify the operation and accessibility of the site. As such, Emerit Science reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Emerit Science cannot be held responsible for temporary difficulties or impossibilities of access to the site that would originate from circumstances external to it, force majeure, or that would be due to disruptions to telecommunications networks.

13.5

Emerit Science does not guarantee to Users (i) that the Services, subject to constant research to improve in particular performance and progress, will be totally free of errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.

13.6

In any case, the liability that may be incurred by Emerit Science hereunder is expressly limited to the only proven direct damage suffered by the User.

13.7

Emerit Science implements technical and organizational measures adapted to the security and confidentiality of the User's data. These measures include, but are not limited to, data encryption, access management, and security incident monitoring. However, Emerit Science cannot guarantee absolute security against all possible cybersecurity attacks.

12. Penalties for breaches

In the event of a breach of any of the provisions of these general conditions or more generally, violation of the laws and regulations in force by a User, Emerit Science reserves the right to take any appropriate measures and in particular to:

(i) suspend or terminate access to the Services of the User, author of the breach or infraction, or having participated in it,

(ii) remove any content posted on the site,

(iii) publish on the site any information message that Emerit Science deems useful,

(iv) notify any authority concerned,

(v) take any legal action.

19. Duration of Services, Unsubscribe

The Services are subscribed for a period corresponding to the chosen subscription.

Reflection period. You have the right to cancel your purchase and request a refund without giving the reason for it during the 14 days following the date of your purchase (the "Reflection Deadiod"). The refund will cover the subscription fees concerned in proportion to the date of your cancellation request until the end of the subscription period concerned that you have paid. To cancel and request a refund, please contact the Support department.

Cancellation. After the Reflection Period, you can cancel your paid subscription at any time by updating your account settings. You will not be charged after canceling your paid subscription. You will continue to have access to the Benefits until the end of the subscription period for which you paid, when your cancellation will take effect. Unless otherwise stated, you will not receive a refund or service credit for the days between the day of cancellation of your subscription and the last day of the subscription period you paid for.

Termination and suspension

Your rights. You can stop using our Services and terminate your relationship with Emerit Science at any time by simply closing your account and ceasing to use the Services.

EEA Consumer's Right of Withdrawal. If you are a consumer residing in the EEA, you can close your account and withdraw from these Terms within 14 days of their acceptance by contacting the Support department.

Rights of Emerit Science. We may take steps to suspend or terminate your access to our Services or close your account if we reasonably and objectively determine that:

You have violated these Terms
This is necessary to comply with the law.
Your use of our Services may result in risk to or cause damage to Emerit Science, our users or any other person.
Your account has been inactive for more than a year and you do not have a paying account.

Notification. If we terminate your account, we will make reasonable efforts to notify you in advance so that you can export your Content or data from the Services, unless it is not appropriate for us to do so, if we reasonably believe that continued access to your account will cause damage to Emerit Science or someone else, or if the law prohibits us from doing so.

Appeal. If you think we have suspended or terminated your account by mistake, you can file a complaint with us by contacting the Support service.

15. Intellectual property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Emerit Science within the site are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Emerit Science are strictly prohibited and may be subject to prosecution.

18. Third-party links and sites

Emerit Science can under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User would access through the site.

Emerit Science assumes no responsibility for the content, advertisements, products and/or services available on such third-party mobile sites and applications, which are reminded that they are governed by their own terms of use.

Emerit Science is also not responsible for the transactions between the User and any advertiser, professional or merchant (including his possible partners) to whom the User would be directed through the site and can in no case be a party to any possible disputes with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations to which these third parties are bound.

16. Personal data

Emerit Science practices a personal data protection policy whose characteristics are explained in the document entitled "Privacy Policy", which the User is expressly invited to read on the site.

17. Advertising

Emerit Science reserves the right to insert on any page of the site and in any communication to Users all advertising or promotional messages in a form and under conditions of which Emerit Science will be the sole judge.

20. Modifications

Emerit Science reserves the right to modify these GCU, in particular to comply with changes in cybersecurity laws and regulations. The User will be informed of these changes by any appropriate means. The continued use of the Service after the modifications constitutes acceptance of the new GCU.

The User will be informed of these changes by any useful means.

The User who does not accept the modified general conditions must unsubscribe from the Services in the manner provided for in Article 18.

Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.

21. Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

23. Entry into force

These general conditions entered into force on September 15, 2024.

22. Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the Paris courts will have exclusive jurisdiction to judge them, unless the mandatory procedural rules to the contrary.