1. About Us
HyperLinker, SAS, with a capital of 5000 euros, headquartered at 8 Rue Ninon Vallin 69390 Millery – France, registered in the Lyon Trade and Companies Register under number 929 041 580 is represented by Jeran François Longy (hereinafter referred to as the 'Company'). The Company offers the following services: Website optimization.
2. Preamble
The Company invites its Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter referred to as the 'GTC/GTU'). The GTC/GTU apply to all Services provided by the Company to its Customers, regardless of any clauses that may appear on the Customers documents, including its general purchasing conditions.
The GTC/GTU are systematically communicated to any Customer who requests them.
The Customer is required to be aware of the GTC/GTU before placing any Order.
In the event of subsequent amendments to the GTC/GTU, the Customer is subject to the version in effect at the time of their Order.
The data recorded in the Companys computer system constitute proof of the transactions concluded with the Customer.
3. Definitions
“Customer” refers to any individual or legal entity that places an Order on this Website;
“Order” refers to any subscription to a service contract for the agreed contractual duration placed by the User registered on this Website in order to benefit from the Companys Services;
“General Terms and Conditions of Sale and Use” or “GTC/GTU” refer to these general terms and conditions of online sale and use;
“Consumer” refers to the individual buyer who does not act for professional needs and/or outside their professional activity;
“Professional” refers to the legal or natural person acting within the scope of their professional activity;
“Services” refers to all online services offered to Users by the Company through this Website;
“Website” refers to this Website, namely www.hyperlinker.ai;
“Company” refers to HyperLinker, more broadly designated in Article I of these terms;
“User” refers to any person who uses the Website.
4. Registration
Registration on the Website is open to all legal or natural persons who are of legal age and possess full legal capacity.
The use of the Services offered on the Website is conditional on the Users registration on the Website and acceptance of the Privacy Policy. Registration is free.
To register, the User must fill in all mandatory fields, without which the service cannot be delivered. Otherwise, registration cannot be completed.
Users warrant and declare on their honor that all information communicated on the Website, particularly during their registration, is accurate and conforms to reality. They commit to update their personal information from the page dedicated to it, available in their account.
Every registered User has a username and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the violating registered Users account. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company cannot be held responsible for any identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal entity or an individual, may hold only one account on the Website.
In the event of non-compliance with the GTC/GTU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the violating registered User.
The deletion of an account results in the permanent loss of all acquired benefits and services on the Website.
In the event of account deletion by the Company for failure to meet the duties and obligations set out in the GTC/GTU, the violating User is strictly prohibited from re-registering on the Website directly, using another email address, or through an intermediary without the express authorization of the Company.
5. Services and Pricing
The Services subject to the GTC/GTU are those listed on the Website and offered directly by the Company via the Website during the agreed contractual period.
To be able to use the Services, the User must have an Internet connection and a compatible web browser (recent versions of Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, or Safari). Outside of these conditions, the Company cannot guarantee the proper provision of services.
The Services contain instructions and recommendations that allow the User to optimize their Website. The Company cannot be held responsible in any way for the application of these optimizations on the Clients Website.
The services related to subscriptions are described in the Pricing section of the Website with mention of all their essential characteristics. The Company cannot be held responsible for the impossibility of providing the said service when the User is not eligible.
When a registered User wishes to subscribe to a subscription sold by the Company through the Website, the price indicated on the service page corresponds to the price in euros excluding tax (HT) and accounts for any applicable discounts in effect on the day of the Order.
The Company reserves the right to modify its prices at any time.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.
6. Trial Period and Subscription Contract
Any Order can only be placed when the User has registered on the Website. The User, when logged into their account, can subscribe to the subscription of their choice and place their Order by clicking the “Subscribe” button.
They will then need to provide a valid payment method to finalize their Order and effectively form the subscription contract between them and the Company.
The registration of an Order on the Website is completed when the Customer accepts the GTC/GTU by checking the box provided for this purpose and subscribes. This validation constitutes proof of the sales contract. Finalizing the Order involves acceptance of the prices and modalities for the execution of the online services as indicated on the Website.
Once their Order is placed, the Customer will receive confirmation via email. This confirmation will summarize the Order and information related to the execution of the services related to the chosen subscription.
The Customer may benefit, depending on their subscription, from a free trial period. The free trial period begins as soon as the Order is registered.
The subscription contract can be terminated at any time during the trial period by the Company without notice.
The subscription contract can also be terminated by the Customer during the trial period by logging into their Account in the Subscription section. Similarly, the subscription contract can be terminated at any time after the trial period by logging into their Account in the Subscription section. Any termination takes effect immediately and results in the deletion of access to online Services and related data.
Any termination of an Order leads to the cessation of payments for the said Order. Any month started is due even if the termination occurs during the month; in this case, the remaining contractual duration cannot be refunded.
If the subscription contract is not terminated at the end of the trial period, the Order is confirmed as a paying subscription in accordance with the conditions below.
In case of non-payment, incorrect Customer address, or other issues with the Customers account, the Company reserves the right to block the Customers Order until the issue is resolved.
In case of inability to provide the services, the Customer will be informed via email at the address they provided to the Company. The cancellation of the order and its refund will be carried out, while the rest of the order remains firm and definitive.
7. Payment Terms and Conditions
Unless otherwise stipulated, all subscriptions are payable in full at the time of Order placement.
Payment can be made by credit card.
There is no commitment to duration for subscription contracts. Any month started is due, which means that any month begun incurs the payment of one month.
In case of total or partial non-payment of services on the due date, the Customer has 7 days following the issuance of the invoice to regularize the situation. The Company may terminate the contract and block access to the services in case of unresolved total or partial non-payment beyond the 7 days.
8. Liability and Accessibility of the Service
The Company cannot be held responsible for the unavailability of the Website, whether temporary or permanent, and although it uses all means to continuously ensure the service, it may be interrupted at any time. In addition, the Company reserves the right, voluntarily, to make the Website unavailable in order to carry out any update, improvement, or maintenance operations.
As previously mentioned, the Company cannot be held responsible for delays in service provision for reasons beyond its control, independent of its will, unpredictable, and irresistible, or for which it is not at fault.
The Services are accessible remotely 24/7 via a SAAS solution through the Website. The availability of the Services is on average 97% of the time, excluding cases of force majeure and updates.
Service updates will be communicated to Customers in advance.
9. Consumer Right of Withdrawal
The Consumer has a right of withdrawal of 14 days from the Order placement, except for products mentioned in Article L121-21-8 of the Consumer Code, as reproduced below:
The right of withdrawal cannot be exercised for contracts:
- for the provision of services fully performed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of their right of withdrawal;
- for the provision of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and that may occur during the withdrawal period;
- for the provision of goods made according to the specifications of the consumer or clearly personalized;
- for the provision of goods likely to deteriorate or expire rapidly;
- for the provision of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
- for the provision of goods, which after delivery and by their nature, are inseparably mixed with other items;
- for the provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- for urgent maintenance or repair work to be carried out at the consumers home and expressly requested by them, within the limit of spare parts and strictly necessary work to respond to the emergency;
- for the provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the provision of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
- concluded during a public auction;
- for provision of hosting services, other than residential accommodation, transportation services, car rentals, catering, or leisure activities that must be provided on a specific date or period;
- for the provision of digital content not provided on a tangible medium if the performance has commenced after the express prior agreement of the consumer and express waiver of their right of withdrawal.
To exercise this right of withdrawal, the Consumer sends a statement to: ai@hyperLinker.ai.
They will be reimbursed for all amounts paid for the service provision within 14 days following the Companys acknowledgment of their withdrawal statement. The reimbursement will be made by the same means of payment used for the purchase.
However, if the service provision has already begun on the date the Company becomes aware of the withdrawal, the value corresponding to the service already provided will be deducted from the reimbursement. This will be operated by the same means of payment as for the purchase.
10. Personal Data Processing
Registration on the Website entails the processing of the Customers personal data. If the Customer refuses the processing of their data, they are requested to refrain from using the Website. By registering on the Website, the User has accepted the terms and conditions of the Privacy Policy regarding personal data processing.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
Furthermore, in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to inquire, access, rectify, modify, and oppose all their personal data at any time by writing, by mail and justifying their identity, to the following address: team@HyperLinker.fr.
This personal data is necessary for the processing of their Order and the issuance of invoices where applicable, as well as for improving the functionalities of the Website.
11. Modifications
The Company reserves the right to modify the Website, the services offered therein, the GTC/GTU, as well as any delivery procedure or any other element constitutive of the services provided by the Company via the Website.
When placing an Order, the User is subject to the stipulations set forth in the GTC/GTU in effect at the time of the Order placement.
12. Intellectual Property
The brand, logo, and graphic charter of this Website are registered trademarks with the INPI and protected works under intellectual property, the ownership of which exclusively belongs to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the prior express permission of the said company will expose the violator to civil and criminal proceedings.
13. Jurisdiction Clause
The law governing the GTC/GTU is French law. Any dispute that may arise between the Company and a User during the execution of these terms will be subject to an attempt at amicable resolution. Failing that, disputes will be brought to the attention of the competent common law courts.
The Customer is informed that they may resort to conventional mediation before the Consumer Mediation Commission provided for in Article L534-7 of the Consumer Code or before existing sectoral mediation bodies. They may also resort to any alternative dispute resolution method in case of a dispute.
14. Pre-contractual Information
Prior to their Order, the Customer acknowledges having received, in a readable and understandable manner, the GTC/GTU and the information and details provided for in Articles L111-1 to L111-7 of the Consumer Code, and notably:
- the essential characteristics of the Services;
- the price of the Services;
- the duration for which the Company commits to provide the Service;
- information regarding the identity of the Company (postal and electronic contact details);
- information regarding the legal and contractual guarantees and their implementation modalities;
- the possibility of resorting to conventional mediation in case of a dispute;
- information regarding the right of withdrawal (time limit, modalities for exercising it).
The placement of an Order on the Website implies adherence to and acceptance of the GTC/GTU. The Customer cannot invoke a contradictory document.