General conditions of sale and use

These General Conditions of Sale and Use (“Conditions”) govern the use of the “WizardAI” module (“Module”) developed by the Supplier for the Prestashop platform. By installing and using the Module, you (“Merchant” or “Customer” or “User” or “Buyer”) agree to these Terms. If you do not agree to these Terms, you may not use the Module.

1 - DEFINITIONS

For the purposes of these General Conditions of Sale and Use, the following terms are defined as follows:

“General Conditions of Sale and Use” or “Conditions”: these General Conditions of Sale and Use.

“Platform”: refers to the “PrestaShop” online platform.

“Distributor”: designates the legal entity operating the Platform.

“Supplier” or “We”: the developer of the “WizardAI” module.

“You” or “Merchant” or “Customer” or “User” or “Buyer”: any natural or legal person having installed the Module which is the subject of these General Terms and Conditions via the Platform and using the services of the Module.

“Party”: individually refers to the Client or the Service Provider.

“Parties”: designates the Client or the Service Provider together, without this collective designation implying solidarity between them.

“The Module”: refers to the Prestashop “WizardAI” module developed by the Supplier specifically for the PrestaShop platform and distributed on the Platform.

“Services”: all services provided by the Supplier via the Module, the use of which is subject to these General Conditions of Sale and Use.

“Access Code”: e-mail address and password communicated by the Customer when creating their account and allowing them to access the Services.

“Subscription”: contract by which the Customer can use the Module and the Services.

2 - GENERAL PROVISIONS

The "WizardAI" is a module for Prestashop that offers a range of artificial intelligence services and features, including text and image creation, as well as clipping and generating image backgrounds by AI. The objective of these General Conditions of Sale and Use is to specify the rules and conditions under which the Customer is authorized to install and use the Module, and to access the corresponding Services.

The installation and use of the Module by the Customer implies its complete and unconditional agreement with these General Conditions of Sale and Use, which take precedence over any other document of the Customer, in particular its conditions of purchase.

It is important to note that the images, drawings or any other visual representation of the Module or Services on the Platform or any other digital medium are only illustrative and have no contractual value.

These General Conditions of Sale and Use are available at all times on the website wizardai.gekkode.com, and are subject to change without notice. Continued use of the Module and Services by the Customer after such modifications implies acceptance of the new General Conditions of Sale and Use.

If one of the clauses of these Conditions is canceled, it will be considered non-existent, without invalidating the entire Conditions, unless the canceled clause is considered essential and decisive for the agreement.

3 – TECHNICAL REQUIREMENTS

Before proceeding with the installation of the Module and access to the Services, the Customer is required to verify that it meets the essential technical prerequisites, which include at least the following elements:

• An active PrestaShop account in good standing.

• Using a compatible web browser such as Chrome, Firefox, Safari, or Edge, with JavaScript enabled.

• A stable and secure internet connection.

• A suitable web server, capable of supporting PrestaShop and the “WizardAI” module, equipped with a valid SSL certificate to ensure the security of data exchanges between the platform and the services.

• The most recent version of PrestaShop or a version specified by the Supplier as compatible.

It is the Customer's responsibility to ensure that their system meets these technical conditions before beginning the installation of the Module.

4 – INSTALLATION AND USE OF THE MODULE

The Module can be installed through the PrestaShop platform. The Customer is invited to follow the instructions given by the Supplier or the Platform for successful installation of the Module.

After installing the Module, the Customer can exploit its services by logging into their PrestaShop account and navigating to the module via the platform dashboard.

It is the Customer's responsibility to maintain the confidentiality and security of his password, ensuring that it is not disclosed to unauthorized third parties. The Client bears full responsibility for any operation or activity carried out under his account.

The Client undertakes to use the Module only for legal and authorized uses, thus respecting all laws and regulations in force relating to the use of the Services.

5 - CONDITIONS OF USE

5.1. Right of Use

The user has individual authorization, which is neither shareable nor transferable, to use the Module during the period of their subscription. The use of the Module must strictly correspond to the needs of the user and the intended purpose of the Module. More precisely, the granting of the license for the Module aims solely to facilitate the use of the Services by the user in a Prestashop environment, without pursuing other objectives.

This permission of use is interpreted as the right to present and execute the Module Services in accordance with their purpose, via SaaS (Software as a Service) mode, through a secure connection to an electronic communications network. .

The user is strictly prohibited from making the Services accessible to a third party. It is also absolutely forbidden to use the Services for other purposes, including but not limited to, any form of modification, adjustment, translation, organization, distribution, or decompilation of the Services.

5.2. Prohibitions

In accordance with the other restrictions set out in these General Conditions of Sale and Use, the Customer, by using the Module and the Services, undertakes not to:

1. Use the Module and the Services for purposes that are not related to your professional activity.

2. Disseminate viruses or any other technology harmful to the Module and, more generally, refrain from any activity likely to harm the integrity of the Module, damage it or call into question the liability of the Service Provider vis-à-vis -to other customers or third parties.

3. Use the Module in a manner contrary to the laws in force, as well as these General Conditions of Sale and Use.

4. Use the Module and the Services to market weapons, narcotics, or any other product or service whose trade is prohibited in the jurisdiction concerned.

5. Use the Module and the Services in an abusive, defamatory, discriminatory manner (xenophobic, racist, anti-Semitic, revisionist, homophobic, sexist), inciting hatred, violence, or in any other manner contrary to legislation and humanist principles.

6. Modify the source code contained in the Module.

Any violation of these prohibitions represents a serious violation of the Customer's commitments. In such circumstances, the Service Provider reserves the right, without limiting its other remedies, to suspend or permanently terminate the Customer's account and to suspend or terminate any current subscription.

If the Customer transgresses the stipulations and regulations of these General Conditions of Sale and Use, he undertakes to compensate the Service Provider in the event of a complaint, legal action, prosecution or judgment issued against the Service Provider. Services by a third party (including the Distributor) for any reason.

5.3. Accessibility of Services

The Service Provider undertakes to make all necessary efforts to ensure that the use of the Module and the Services is secure and complies with the standards governing digital services.

The Service Provider strives to make the Module accessible every day of the week, however this availability may be affected by unforeseen circumstances or force majeure situations beyond its control, as well as by planned interruptions for maintenance or updates. necessary for the optimal functioning of the Module, without obligation of prior notification to the Customer.

Consequently, the Customer acknowledges that continuity of service of the Module and Services is not guaranteed and that, in the event of unavailability, he does not have the right to claim compensation from the Service Provider or the Distributor.

The Client acknowledges and accepts the specificities and constraints inherent to digital services, in particular concerning:

Technical performance, including response speeds when accessing, viewing or transferring data.

The fact that data transmitted over communications networks may be subject to restrictions on use or protected by intellectual property law.

The Service Provider reserves the freedom to make any modification or improvement deemed necessary or appropriate to the Module and the Services without having to inform the Client in advance, and such modifications will not give rise to a right to compensation for the Client.

Please note that the Service Provider has no control over the availability or correct functioning of the services and servers. Therefore, it cannot guarantee flawless continuity or the quality of the data transmitted.

5.4. Customer Commitments

The Client ensures the accuracy, legal compliance and security of all information sent to and from the Service Provider's servers. It guarantees in particular that this information does not infringe the rights of others, including but not limited to intellectual property rights or the right to confidentiality, and does not contravene any contractual obligation, including non-disclosure and exclusivity agreements. .

In addition, the Customer confirms that he has all the authorizations and rights necessary to transmit this data and, more broadly, to manage his subscription and benefit from the Services provided.

5.5. Support and Complaints

For any request for help or to make complaints relating to the use of the Module and the Services, the Customer is invited to contact the Service Provider via the following link: https://addons.prestashop.com/fr/contactez-nous

5.6. Updates

Updates may be made to incorporate changes to the Module and/or Services, in response to evolving innovations, technologies and functionalities. The Customer will be notified of these updates through the Module, and the Supplier has the right to complete or delete services through these updates.

6- SUBSCRIPTION CONDITIONS

6.1. Subscription

To use the Services offered by the “WizardAI” module, the User must have a customer account with PrestaShop.

Registration is done online via the module, using the form available on the home page.

The financial terms of the subscription, including the cost, will be determined by the Distributor, who will also receive payment directly from the Customer.

When placing an order, the Customer must agree to the general conditions by clicking in the box provided for this purpose on the Platform. Once these conditions are accepted, a confirmation email will be sent, as mentioned below.

Subscribing also means accepting the prices and the description of the Services offered.

For any questions related to the subscription, the Customer can contact the Distributor via: https://addons.prestashop.com/contact-us

The online provision of the Customer's banking information and the final confirmation of the subscription attest to the Customer's agreement and imply:

The Customer's commitment to pay the subscription fees;

The recognition and formal acceptance of all transactions carried out.

It is essential to emphasize that the transaction relating to the subscription and the online payment thereof is made between the Customer and the Distributor. The Service Provider does not have access to the Customer's banking details.

In the event of illicit use of the Customer's banking information, it is recommended to immediately contact the Distributor using the contact details mentioned.

6.2. Duration and Renewal

The subscription is initialized for a period of one month.

At the end of each month, the subscription automatically renews for additional months, unless the customer cancels the subscription from the Module at least 48 hours before the end of the current subscription period.

The Customer acknowledges that the cost of any subscription period started is due in full, regardless of when the Customer cancel subscription from the Module.

It is important to emphasize that the Service Provider does not have control over the availability and adequate functioning of the AI ​​services and their servers. As a result, it cannot ensure continuity of service nor guarantee the reliability of the data transmitted.

7 - Conditions of use of credits

The Supplier undertakes to grant, via subscriptions, a specific quantity of credits which can be renewed each month with the subscription. These credits may expire on the subscription renewal date or in the event of cancellation of the subscription by the user.

It is also possible for the user to acquire additional credits directly from the Supplier, by making a request to contact@gekkode.com. Credits purchased directly from the Supplier are permanent and are not subject to expiration.

8 - OBLIGATIONS – RESPONSIBILITY OF THE SERVICE PROVIDER

In the context of the provision of the Services, the liability of the Service Provider is limited, given the specific nature of the Services.

Furthermore, our responsibility does not extend to other services offered on the Platform or to AI services.

In any circumstance :

The liability of the Service Provider towards its Clients (agents or beneficiaries) is limited only to direct damage, excluding any indirect damage, in particular of a financial or commercial nature.

The amount due as compensation per Customer cannot exceed the amount of subscription fees excluding taxes for the current contractual duration.

Furthermore, without prejudice to the exclusions of liability mentioned in other sections of the General Conditions, the Service Provider is not liable for damages arising from:

The non-suitability of the Module or Services (including services such as ChatGPT, Mistral, Stable Diffusion) with a particular use or the expectations and needs of the Client.

The unreliability or non-compliance of information and other content (including content created by generative AI such as ChatGPT, Mistral, Stable Diffusion), including data entered by the Client.

The Customer's inability to use the Module or its consequences.

The unreliability or non-compliance of the results obtained via the Module.

The Customer's use of information or tools provided by the Module or the Services (including content created by generative AI such as ChatGPT, Mistral, Stable Diffusion); the Customer is solely responsible for his decisions and choices.

Temporary or total, partial or complete unavailability of access to the Services or the customer area, response time or performance problems.

Non-compliance by the Customer with these General Conditions of Sale and Use, as well as any intentional or negligent act by the Customer.

Unconsensual access to Customer data by a third party.

Fraudulent or abusive use of the Services.

Compromising the confidentiality of access codes.

All products, data, information, services acquired, received or transactions carried out via the Services offered by the Service Provider, the Distributor, its partners or third parties.

A force majeure event.

The modification of the Customer's data by the services of the Distributor or a partner of the Distributor, even if this modification takes place within the framework of the use of the Services.

All of these considerations also apply to generative AI services. The Service Provider has no control over the security, accuracy, quality of the content generated, response times, availability or other functionalities which are not under its control but are provided by providers such as OpenAI, Replicate, DeepInfra.

9 - PROTECTION OF PERSONAL DATA

9.1. Collection of Personal Data

The Module collects the following personal information: first name, last name, postal address, email address, connection information and usage data as well as the data contained in Prestashop as part of the use of Prestashop CloudSync.

In addition, when using the Services offered by the Module, the User has the possibility of completing a profile containing an address, a telephone number, as well as financial information linked to the bank account or credit card.

9.2. Use of Personal Data

The personal information obtained from the Client aims to improve and provide the Module's services, as well as to guarantee a secure environment. This data is specifically used for the following purposes:

1. Allow the User to access and use the Module and the Services;

2. Administer and monitor the relationship with the User;

3. Carry out invoicing and keep the accounts;

4. Prevent and identify fraud, errors, as well as illegal or unauthorized activities;

5. Personalize the Services by offering advertisements based on the User's browsing history, in accordance with their preferences;

6. Process requests regarding access, modification and opposition rights;

7. Manage possible disputes with the User;

8. Send commercial and advertising information, according to the User's preferences.

The personal data collected are kept for the duration necessary to achieve the objectives mentioned above. However, data related to financial transactions are kept in accordance with legal obligations, i.e. for 10 years after the close of the fiscal year concerned.

9.3. Sharing of Personal Data

The User's personal information may be disclosed to external entities in the following contexts:

When the Client uses payment services, respecting the security protocols of financial institutions;

When the Customer consents to the transmission of his personal data to external partners for the receipt of commercial proposals;

When the Service Provider is obliged to share this information following a request from an administrative or judicial body.

9.4. Security and Privacy

The Service Provider deploys organizational, technical, IT and physical digital security strategies to safeguard personal data against any form of compromise, loss, alteration or unauthorized access.

However, it is important to emphasize that, despite the Service Provider's rigorous efforts, no method of web transmission or electronic preservation is infallible. Therefore, total security cannot be absolutely assured.

If ever a security breach affects the data, the Service Provider will notify the User without delay and will implement all necessary actions to rectify the security breach in accordance with applicable legislation.

9.5. Exercise of User Rights

Under current legislation, the User enjoys the following rights with regard to their personal data:

Right of access: He may request information concerning the personal data that the Service Provider keeps about him.

Right of rectification: He may request that the Service Provider correct or update his personal data if they prove to be inaccurate or out of date.

Right of deletion: He may demand the erasure of his personal data when they are no longer necessary for the purposes for which they were collected, or if the User revokes his consent.

Right to restriction of processing: You may request that the Service Provider restrict the processing of your personal data in certain cases, such as when the accuracy of the data is called into question.

Right to data portability: You may request that the Service Provider provide your personal data in a structured, universally usable and machine-readable format, or transfer them to another data controller.

Right of opposition: He may contest the processing of his personal data in certain situations, in particular for direct marketing.

Right of withdrawal of consent: If the processing of his personal data is based on his consent, he may withdraw it at any time.

Right to lodge a complaint with the supervisory authority: He may submit a complaint to the appropriate regulatory entity regarding the protection of personal data (such as the CNIL in France).

The User can exercise these rights by contacting the Service Provider via the following link: https://addons.prestashop.com/fr/contactez-nous

 10 - INTELLECTUAL PROPERTY

All intellectual property rights associated with the Module and the Services, including but not limited to copyrights, patents, trademarks, database rights, software rights and other forms of intellectual property, are the possession of the Supplier or its licensors.

The User accepts that these rights are under the protection of current legislation on intellectual property and undertakes not to exploit them beyond the limits set by these General Conditions of Sale and Use.

The User undertakes not to copy, duplicate, alter, adapt, translate, publish, exhibit, distribute or disseminate in any way the intellectual content of the Module and the Services without the explicit written consent of the Supplier.

The Customer also undertakes not to extract or repeatedly reuse the content of the Module and the Services, in whole or in part, without the prior written consent of the Supplier. Any unapproved exploitation of the intellectual property elements of the Module and the Services may trigger legal proceedings.

11 - TERMINATION

11.1. Cancellation of the Subscription by the Customer

The Customer has the option to end his subscription at any time by uninstalling the Module and/or canceling his subscription via the PrestaShop Platform.

12.2. Cancellation of the Subscription by the Service Provider

If the Customer does not comply with these General Conditions of Sale and Use, the Service Provider has the right to cancel the Customer's subscription and restrict their access to the Module and the Services.

In addition, the Service Provider may cancel the Customer's subscription in the event of failure to pay the subscription fees.

If the subscription is canceled by the Service Provider for non-compliance with the General Conditions of Sale and Use, no refund of subscription fees already paid will be made to the Customer.

13.3. Consequences of Subscription Cancellation

Following cancellation of the subscription, the Customer must immediately stop all use of the Module and Services.

After cancellation of the subscription, the Service Provider will delete all Customer information stored on its servers within a maximum period of 365 days following the cancellation date. After cancellation of the subscription, the Service Provider is not obliged to maintain or transmit the data to the Customer.

12 - FORCE MAJEURE

The Service Provider will not be considered responsible in the event of unforeseeable circumstances or circumstances beyond its control, such as natural disasters, fires, strikes, major technical or computer failures, power outages, disruptions to telecommunications networks, government interventions, social unrest, computer hacking, terrorism, armed conflicts, vandalism, sabotage, cyberattacks, delays by suppliers, or any other event which is beyond the reasonable control of the Service Provider and which could prevent or delay the provision of the Services.

In such situations, the Service Provider will be exempt from all obligations and cannot be held responsible for delays or failures in the provision of the Services. Furthermore, the Customer will not be entitled to request compensation from the Service Provider or the Distributor.

13 - CHANGES TO THE GENERAL CONDITIONS

The Service Provider has the right to change these General Conditions of Sale and Use at any time.

When the General Conditions of Sale and Use are modified, the Service Provider will inform the Customer by posting a notice on the Module and sending an e-mail to the Customer. These modifications will take effect on the date of this notification.

The Customer is advised to frequently consult the General Conditions of Sale and Use in order to keep informed of any changes.

The Customer's continued use of the Module and Services after the changes have been implemented will be interpreted as acceptance of the revised General Conditions of Sale and Use.

14 - DIVERS

14.1. Completeness of the Agreement

These General Conditions of Sale and Use constitute the entire agreement between the parties, eclipsing and replacing any prior agreement or understanding, whether oral or written, concerning the subject of this agreement.

14.3. Applicable right

These General Conditions of Sale and Use are governed and interpreted in accordance with French law.

14.4. Conflict Resolution

In the event of disagreement between the parties, they undertake to seek an amicable resolution. If mediation fails, the conflicts will be submitted to the competent courts, according to the applicable rules of jurisdiction and procedure.

15 - CONTACT DETAILS OF THE SERVICE PROVIDER

The Service Provider can be reached at the following email: contact@gekkode.com.

For any questions or complaints relating to the Module or the Services, please contact the Service Provider via this link: https://addons.prestashop.com/fr/contactez-nous

16 - COMPLAINTS

Any dispute, whether handled amicably or brought before the courts, related to the provision of services must be raised within three (3) months following the occurrence of the event triggering the conflict.

17 - RIGHT TO RETRACT

As the Buyer acts as a professional within the framework of his professional activity, the right of withdrawal provided for by the Consumer Code is not applicable. Subscriptions are included in the services offered by the Platform, and no fees are charged to the User by the Supplier.

18 - NON-WAIVER

The absence of action by a Party to enforce the non-compliance with any obligation stipulated in these General Conditions of Sale and Use by the other Party must not be interpreted as an abandonment of this obligation for future occurrences.

19. RIGHT TO USE THE CUSTOMER’S DISTINCTIVE SIGNS

The Service Provider is authorized to disclose that it has provided or is providing services to the Client.

In this context, the Client allows the Service Provider to mention its name, and potentially to include its brand, its logo, or any other distinctive element, while undertaking to provide upon request proof of ownership rights, reproduction rights, as well as details of related graphic elements.