Terms of Sales
Updated on: 09/24/2023
Here are the General Conditions of Sale applicable to the botgpt24.com site:
Article 1: DEFINITIONS
Capitalized terms refer to the following definitions:
The “Company” INCEPLINE, whose head office is located CS 90519 31 DU GOLF, 13593 Aix-en-Provence Cedex 3, registered in the Trade and Companies Register under number 539005199.
The “Site” refers to the website(s) accessible from the URL https://www.botgpt24.com and all the sites published by the Company to present and sell its Products.
The “User” refers to any person browsing the Site.
The “Product” or “Products” means all software available for purchase on the Site, including Products from:
– Source code (digital product as a .mq4 or .mq5 file corresponding to the BotAGI consultant.)
The “Order” means any subscription for a Product by the Customer from the Company via the Site.
The “Customer” designates the natural or legal person, professional or not, subscribing to a Product of the Company.
The “General Conditions of Sale” or “CGV” designate the present general conditions of sale, applicable within the framework of the contractual relationship between the Company and its Customers, which include the confidentiality policy possibly available on the Site and any element of the Site to which they expressly refer.
Article 2: ORDER
2.1 The sale of the Product is validated upon receipt of payment. From this moment, the rights and licenses are granted to the Customer under the name indicated when ordering. The Customer can use the Product as he wishes and without limits.
2.2 In accordance with current French legislation, downloadable Products offered for sale by the Company are not refundable. Once the Product has been downloaded, no refund will be granted, except in the event of non-compliance of the product with its description or a major technical defect, in which case we undertake to study each case individually. We encourage you to read the Product specifications carefully and ask all necessary questions before making a purchase, as once the transaction is finalized, no refund requests will be accepted.
Article 3: PROTECTION OF PERSONAL DATA
The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of their data with a view to improving the Site and the Product, the supply of the latter, commercial prospecting, the management of Orders, contracts and disputes comply with the general data protection regulations (GDPR) and the Data Protection Act in its latest version.
Customers’ personal data will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data enabling proof of a right or contract to be established may be the subject of an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions that may arise.
In accordance with the Data Protection Act and the GDPR, the Customer or any person concerned by the processing has, under the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to the processing, portability, deletion as well as a right of access. as well as a right not to be subject to an automated decision including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.
The Customer is informed and accepts that the Site and/or the Product may include technical devices allowing usage to be tracked (connected user account, IP address, type of application used, various connection and usage logs to the User account …) and which may be used in the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site.
Any exercise request can be sent on the page (Contact us). Any person affected by processing has a right of complaint to the Commission Nationale Informatique et Libertés.
For more information on the automated processing of data and the procedures for exercising their rights, any User can consult the confidentiality policy accessible at any time on the Site and the information notices on the cookies used by the Company.
Article 4: PARTNER SITES – HYPERTEXT LINKS
The User can access, through the hypertext links present on the Site or within the framework of a Product, the sites of Partners or third parties, designed and managed under the responsibility of third parties who are not subject to the GCS. The User is therefore invited to read the contractual conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these Partner or third-party sites.
No control over said sites and content is exercised by the Company, which declines all responsibility with regard to their content and the use made by any third party of the information contained therein. This clause applies to all content from Partners.
If a third-party site directs its users to the Site, the Company reserves the right to request the deletion of the hypertext link pointing to the Site if it considers that this link does not comply with its legitimate rights and interests.
Article 5: CASE OF FORCE MAJEURE OR FORTUITOUS
The performance of the Company’s obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. This suspension may concern all or part of the Product. In this case, the Company will notify the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to restitution. If the final impediment is partial, only partial restitution will be granted.
Under the conditions provided for by law, Customers expressly accept that they may not invoke a case of force majeure to delay payment (of an invoice, for example) for a Product supplied or in the process of being supplied, or refuse the delivery of an Order placed.
The following are considered to be cases of force majeure or fortuitous event, in addition to those usually recognized by the case law of the courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.
The Company cannot be held liable under any circumstances for difficulties encountered by the User or Customer in accessing the Site and/or the Product due to a technical or software failure or any another cause which is foreign to him. The Customer acknowledges being informed of the technical hazards inherent in the Internet and the mobile network and the malfunctions that may result therefrom. Consequently, the Company cannot be held responsible for any unavailability, slowdowns or failures of the Internet network or any IT solutions, except in the event of proven negligence on its part.
Article 6: INTELLECTUAL PROPERTY
The Company or its Partners hold all intellectual property rights relating to the Site and the Product. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds, software appearing on the Site or constituting the tools and media delivered on the Site and within the framework of the Product.
Access to the Site and the Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Product, which remain the exclusive property of the Company or its Partners.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site and the Product without the prior written authorization of the Company or its Partners.
The use not previously authorized by the Company or its Partners, for any reason whatsoever, of all or part of the Site or the Product may be the subject of any appropriate action, in particular an interruption of the access to the Product or an action for infringement.
In return for the payment of the price requested during the Order, the content, techniques, know-how and methods transmitted and, more generally, all the information of the Product are the subject of a strictly personal right of use, non-transferable and non-exclusive for the duration of the Product selected by the Customer at the time of the Order for the duration of the contract only.
As such, the Customer is prohibited from using and exploiting the Product on behalf of other people, including his collaborators or his entourage. He assumes his responsibility in the event of unauthorized transfer or communication of the content of the Product or sharing in any capacity whatsoever of his Product. The Customer guarantees respect for the intellectual property rights of the Company or its Partners by all of its employees likely to have access to the restricted content of the Site and all the content of the Product.
All the distinctive signs used by the Company are protected by law and any use not authorized by the Company may give rise to prosecution. The Company reserves the right to terminate the Customer’s license to the Product in the event of violation of its intellectual property rights, without prejudice to any penalties and damages.
Article 7: CLIENT REFERENCES AND COMMUNICATION
7.1. Client reference. Customers may be asked by the Company to be cited as beneficiaries of the Product. With the Client’s agreement, the Company may be authorized to mention the name of the Client, the opinion he gave to the Company on the Product as well as an objective description of the nature of the Product which was supplied to him in its lists of references and proposals for the attention of its prospects and its Customers, in particular on the Site, for advertising and promotional purposes, during interviews with third parties, communications to its staff, internal documents of forward-looking management, as well as in the event of legal, regulatory or accounting provisions requiring it.
7.2. Authorization to operate. When the Customer sends writings, videos and/or photographs to the Company to give its opinion or testify on the Product provided by the Company, and if necessary issues comments or publications concerning the Company (for example, on its social networks ), to which his identifier and his profile photo on social networks are attached, then the Customer authorizes the Company to use this content for the promotion of his commercial activities. The contents are likely to be protected by image rights and/or copyrights, and in this case, the Customer grants the Company the possibility of adapting them (on the form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, the Company may take screenshots of publications on social networks concerning it or on the Product from which the Customer has benefited, and reproduce them on the Site as notices.
The Customer acknowledges that he is fully satisfied with his rights and may not claim any compensation for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the whole world. The Company reserves the right to submit to the Customer any other request for authorization to shoot and transfer rights, for all cases not provided for herein or on an ad hoc basis.
Article 8: CHANGES TO THE GENERAL CONDITIONS
The Company reserves the right to modify the terms, conditions and notices of the GCS at any time and without notice in order to adapt them to changes in the Site or its operation, and in the characteristics of the Product. The applicable conditions are those accepted by the Customer and sent to the Customer in the event of distance selling by any means of communication on a durable medium.
The modifications of the GCS made by the Company will not apply to Products already subscribed, except for the clauses related to the technical evolution of the Product, as long as there is no resulting price increase or alteration. the quality or characteristics to which the non-professional or consumer Customer has made his commitment conditional.
The Customer may also be asked to accept the modified T&Cs and failing that, the last accepted T&Cs continue to apply until the Product is fully performed. If it is impossible for the Company to continue to supply the Product under the previous conditions, the Customer has the option of requesting termination and reimbursement. In this case, the Company may withhold an amount corresponding to the Product supplied until termination, under the conditions provided for by law.
Article 9: LIABILITY
9.1. Guarantee. Except under the conditions of the legal or commercial guarantees granted that may be applicable, the Company is not bound by any obligation of result and provides no express or implicit guarantee, including, without this list being exhaustive, relating to the continuity , the performance, the result, the durability of the Product supplied, which are subject to a hazard.
Any objectives, success stories or examples presented by the Company on the Site and as part of the Product assume the concrete and effective implementation of all advice, techniques and tools that may be provided as part of the Product. and in no way constitute a promise of gain or result. The Company cannot in any way guarantee to the Client that he will obtain similar results and these references are used only as an example.
9.2. Responsibility of Users and Customers. The User or the Customer is solely responsible for the interpretations that he makes of the information provided under the Products, the advice that he deduces or that has been provided to him in the context of the Products and the adaptations made for his own activities. The exploitation of the information is done under the sole responsibility of the Customer and at his own risk, which the Customer expressly accepts.
The Client acknowledges that he has received sufficient information and advice before committing and is aware that any desired result involves, by nature, substantial risks. The Customer declares that he is fully aware that the Products offered are for informational purposes only and do not commit the Company to obtaining any result by the Customer, except for commercial and specific guarantees applicable to the Product. Any Product cannot be considered as investment advice. The Customer uses the Product under his sole responsibility.
9.3. Limitation of Liability. Regardless of the Product selected by the Customer, the Company cannot be held liable for consequential damages such as loss of data, file(s), operating loss, commercial loss, lack of to gain, loss of capital. In the same way, the Company cannot be held liable for direct or indirect damage caused to the User’s Products, resulting either from the use of equipment that does not meet the conditions provided for, or from the appearance of a bug or incompatibility.
IN ANY CASE, the Company is not recognized as a professional by the state or a public financial organization, it cannot give any guarantee as to the Customer’s ability to obtain results or to earn money using the information and Products offered on the Site.
Trading involves a high level of risk and may not be suitable for everyone. The Client should inform himself of the risks associated with this activity and only invest the money he can afford to lose. Investing involves risks for which the Client alone is responsible. Even if the results quoted in the content of the Site are very real, it is created for entertainment and is not the subject of investment advice.
Article 10: GENERAL
The T&Cs and all purchase and sale transactions referred to therein are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
The nullity of a contractual clause does not entail the nullity of the GCS. The temporary or permanent non-application of one or more clauses of the GCS by the Company does not constitute a waiver on its part of the other clauses herein which continue to produce their effects.
Article 11: DISPUTES
11.1. Amicable resolution. In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution.
11.2. Mediation. In the event of difficulty in the application of this contract, the consumer Customer residing in Europe has the possibility, before any legal action, to seek the recourse of a consumer mediator identifiable on the site https://www.economie .gouv.fr/mediation-conso
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can enter the Online Dispute Resolution (ODR) platform accessible from the following URL address: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.chooseLanguage.
11.3. Dispute. In the event of a dispute arising between a Customer and the Company relating to a Product or any other situation, exclusive jurisdiction is attributed to the courts within the jurisdiction of the city of the Company’s headquarters, notwithstanding multiple defendants or warranty claims, even for conservatory procedures by way of summary or request.