General Subscription Terms

Applicable from 01/03/2024

ARTICLE 1. PARTIES

These general conditions are applicable between Ginkio, SAS, share capital: €5554, RCS Bobigny: 834 214 074, head office: 41 rue Delizy, 93500 Pantin, France, phone: +33 1 78 41 87 00, email: contact@ginkio.com, VAT number: FR39834214074, hereinafter referred to as "Ginkio" and any individual or legal entity, private or public law, registered on the Site, hereinafter referred to as "the User".

ARTICLE 2. DEFINITIONS

  • "Content": refers to all audiovisual, textual, sound, graphic, photographic elements, including Podcasts, sent, transmitted, broadcast, published by the Client or with which the Client interacts on the Platform, in any form, including text, image, video, audio.
  • "Ginkio": Ginkio SAS in its capacity as publisher of the Platform.
  • "Creation": any content created by a User and posted on the Platform as part of their Portfolio.
  • "Portfolio": all of the User's Creations gathered on the Platform.
  • "Publication": the act of a User publishing their Portfolio on the Platform to make it publicly available.
  • "Account": refers to the Client's personal management space.
  • "Service": the service offered by Ginkio on the Platform, consisting of the creation of a Portfolio for Users and the possibility for Clients to publish it on the Platform.
  • "Platform": refers to the interactive tool provided by Ginkio, accessible via the website https://ginkio.com.
  • "User": any person registered on the Platform.
  • "Client": refers to the natural or legal person subscribing to a Subscription with Ginkio to publish their Portfolio.
  • "Subscription": refers to the plan allowing the publication of Portfolios, subscribed by the Client with Ginkio.

ARTICLE 3. PURPOSE

The purpose of these general conditions is to define the contractual relationships between Ginkio and the Client, including the terms and conditions for subscribing to a Platform Subscription by the Client.

The Client acknowledges that they have received from the Company all the information they deem necessary to ensure that the Service meets their needs and are aware of the corresponding requirements, if applicable.

ARTICLE 4. PLATFORM FEATURES

The Platform's features may evolve at Ginkio's sole discretion.

Ginkio does not guarantee that the Platform's features will be suitable for any particular use planned by the Client, who must therefore check the suitability of the features provided for their needs in advance.

The Platform allows:

  • To publish their Portfolio on the Platform by:
    • Manually entering their information from their computer and completing the required information;
    • Manually adding creations from their computer and completing the required information;
  • To manage their Portfolio by allowing:
    • To modify the visibility of their Portfolio (published or unpublished status).
    • To delete, organize, or edit their creations.
    • To customize the graphic theme of their Portfolio.
    • To modify their information and profile picture.
    • To personalize the URL of their Portfolio.
    • To add a resume.
    • To activate or deactivate a Contact button.
    • To view their Portfolio's consultation statistics.

ARTICLE 5. SUBSCRIPTION PLANS OFFERED

A subscription plan is offered to the client.

The price of this annual Subscription is expressed in euros and includes the VAT rate in effect on the order date. Any rate change will be applied immediately to the price of the plans.

Ginkio reserves the right to modify its prices at any time, it being understood that the prices presented on the Platform on the order date will be the only ones applicable to the Client.

ARTICLE 6. PAYMENT METHODS

Payment is secured by the company Stripe, which guarantees secure online payment through various methods (Credit card, SEPA Direct Debit, etc.). Ginkio does not store any Client's banking information.

Payment is made automatically at each due date as long as the contract is active.

An invoice showing the VAT will be available upon request.

Upon the agreed term, the Client is in default without the need for a reminder, to pay the amounts due. Non-payment on the agreed due dates results in:

  • The suspension of the current Subscription and the immediate demand for the outstanding amounts;
  • The right for the Company to require cash payment before subscribing to any subsequent Subscription.

Additionally, under Law 2012-387 of March 22, 2012, the Client in default of payment is automatically liable to the Company for a lump sum compensation for collection costs of €40.

ARTICLE 7. SUBSCRIPTION TERMS

Prior to subscribing, the Client must create an Account, under the conditions set out in Article 3 of the Platform's General Terms of Use (https://ginkio.com/terms-of-use). The Client agrees to provide accurate information and to regularly update it.

Any subscription implies full and complete acceptance of these general subscription terms. The Client accepts these general terms.

The Client is bound as soon as they proceed with the payment of the corresponding amounts.

All the data provided and the confirmation recorded constitute proof of the transaction. The Company will archive orders and order confirmations on a reliable and durable medium constituting a reliable copy, in accordance with Article 1379 of the Civil Code.

ARTICLE 8. RIGHT OF WITHDRAWAL

Any Client considered a "Consumer" within the meaning of the Consumer Code, ordering on the Platform for non-professional needs, has a right of withdrawal (Article L.221-18 and following of the Consumer Code).

The Client has a withdrawal period of fourteen (14) days, starting from the day after their subscription, without having to justify their decision or incur any penalties.

This request must be made by registered letter with acknowledgment of receipt sent to Ginkio.

In the event of exercising the right of withdrawal, Ginkio will refund the Client the total amount they have paid without undue delay and, at the latest, within fourteen (14) days from the date it is informed of the Client's decision to withdraw.

The refund will be made using the same payment method that the Client used for the initial transaction, unless expressly agreed otherwise by the Client, and provided that the refund does not incur any fees for the Client.

In accordance with Article L221-25 of the Consumer Code, the Client may request that the service begins before the end of the fourteen (14) day withdrawal period.

In this case, if the Client exercises their right of withdrawal while the service has begun, at their express request, before the end of the fourteen (14) day withdrawal period, they will be required to pay the Company the amount corresponding to the service provided until the communication of their decision to withdraw. This amount will be proportionate to the total price of the agreed service. If the total price is excessive, the amount will be calculated based on the market value of the service provided by the Company.

Exercising the right of withdrawal terminates the Company's obligation to provide services.

ARTICLE 9. COMPANY OBLIGATIONS

9.1. AVAILABILITY

Ginkio undertakes to take reasonable measures to ensure that the Platform is accessible via the Internet 365 days a year, 24 hours a day, 7 days a week, except in cases of force majeure, technical difficulties and/or telecommunications, and/or maintenance periods (including updates).

Ginkio cannot be held responsible for any unavailability of the Platform related to the Client's internet connection, their equipment, or maintenance operations necessary for the proper functioning of the Platform.

Ginkio reserves the right to immediately and without prior notice interrupt access to the Platform:

  • To carry out a technical intervention or for any maintenance operation. Whenever possible, Ginkio will inform the Client in advance.
  • If Ginkio receives a notice from a competent authority, administrative, arbitral, judicial, in accordance with applicable laws, or from a third party, particularly in accordance with the Confidence in the Digital Economy Act of June 21, 2004.
  • In case of use of the Platform in violation of these terms.

9.2. CONFIDENTIALITY AND SECURITY OF ACCESS

Generally, Ginkio undertakes to implement all technical means, in accordance with the state of the art, to maintain the integrity, security, and confidentiality of access to the Platform.

9.3. EVOLUTION OF FEATURES

Ginkio reserves the right to modify the presentation, operation, or features of the Platform at any time, without prior notice to the Client.

Ginkio does not guarantee that the Platform's features will be suitable for any particular use planned by the Client, who must therefore check the suitability of the features provided for their needs in advance.

9.4. HOSTING

Ginkio ensures the hosting of the Platform under conditions of secure access and premises in accordance with the state of the art.

9.5. MAINTENANCE

Ginkio ensures the evolutionary and corrective maintenance of the Platform to ensure its sustainability and availability as part of a best-effort obligation.

The Client automatically benefits from any update developed by Ginkio for the version of the Platform they use.

Ginkio cannot be held responsible for any incompatibility of the Platform with the Client's equipment (hardware and software), especially resulting from incompatibility with the Client's terminal version, failure to update the Platform by the Client, or maintenance of the Platform performed by Ginkio.

Ginkio is also not responsible for the availability of the Platform with any new equipment (hardware and software) for which the Platform is not up to date.

ARTICLE 10. CLIENT OBLIGATIONS

10.1. CHECKING PLATFORM COMPATIBILITY

The Client assures that they have reviewed the technical characteristics and security features of the Platform before accepting these terms.

The Client is responsible for all the equipment (hardware and software) necessary to use the Platform via the Internet. They must regularly update their equipment and internet connection required for the proper functioning of the Platform.

10.2. ACCESS CODES

It is specified that access to the Client's Account is secured to protect, permanently, against unauthorized third parties, all of the Client's data circulating through the systems in the course of using the Platform.

The Client is informed that their Access Codes allowing access to their account are personal and confidential and cannot be shared with third parties.

The use and preservation of Access Codes are the sole responsibility of the Client, who alone bears the consequences of their use by third parties who have obtained them. Ginkio will not be responsible for any loss or damage resulting from the Client's failure to comply with these requirements.

In case of loss or theft of their credentials, the Client undertakes to change their password or request its regeneration via the procedure implemented by Ginkio to recover their Access Codes as soon as possible.

10.3. INFORMATION PROVIDED

The Client guarantees that all the information provided when subscribing to their Subscription is accurate, and they undertake to regularly update it.

10.4. USE OF THE PLATFORM AND DISSEMINATED CONTENT

The Client agrees to use the Platform solely for the purposes outlined in these general terms and in the strictest compliance with technical and security standards.

As a Platform User, the Client agrees to read and comply with the Platform's General Terms of Use, available at the following address: https://ginkio.com/terms-of-use.

The Client is responsible for using the Platform. Consequently, any processing, transmission, dissemination, or representation of information or data via the Platform by the Client is carried out under their sole and entire responsibility and in strict compliance with the legal and regulatory provisions relating to the use of online services.

The Client is solely responsible for the Content they publish and/or interact with. They are prohibited from disseminating Content (texts, images, photos, videos, links, etc.) that may infringe the rights and interests of third parties, violate laws and regulations in force, or violate public order and good morals.

Similarly, the Client undertakes not to transmit any Content through the Platform that contains computer viruses or any other code, file, or program designed to interrupt, destroy, or limit the functionality of any software, computer, or telecommunications tool, without limitation.

The Client is responsible for Content that violates these provisions and acknowledges the Company's ability to remove any content that does not comply with these prescriptions.

The Client also undertakes to promptly report any anomalies concerning the use of the Platform to the Company at the following address: contact@ginkio.com.

The Client is prohibited from developing, marketing, subletting, or making available to unauthorized third parties the Platform subject to these general terms or any product or service likely to compete with it.

10.5. DATA BACKUP, SECURITY, AND CONFIDENTIALITY

The Client assumes full responsibility for regularly and completely backing up their data. They undertake to back up their data and ensure its security and confidentiality.

ARTICLE 11. LIABILITY

Ginkio is only bound by a best-effort obligation regarding the commitments set out herein.

The Client is warned of the technical risks inherent to the Internet and the interruptions of access that may result. Consequently, Ginkio will not be held responsible for any unavailability or slowdowns of the Platform.

Ginkio cannot guarantee the continuity of the Platform, which is provided remotely via the Internet, which the Client acknowledges.

Ginkio also reserves the right to suspend the Client's access to the Platform without notice in the event of abnormal, fraudulent, or unlawful use of the Platform by them or in case of a request from a judicial or administrative authority, or in any case violating public order, good morals, laws and regulations in force, or the rights and interests of third parties or Ginkio.

The Parties expressly agree that Ginkio will not be held liable for interruptions of the Platform or damages related to:

  • A decision by the authorities or a force majeure event as defined in Article 1218 of the Civil Code and by French jurisprudence;
  • An interruption of electricity or transmission lines due to public or private operators;
  • Abnormal or fraudulent use by the Client or third parties requiring the Platform to be stopped for security reasons;
  • An intrusion or fraudulent maintenance of a third party in the system, or illicit extraction of data, despite the implementation of security measures in accordance with the current state of the art, Ginkio being only bound by a best-effort obligation regarding known security techniques;
  • The nature and content of the information and data created, transmitted, and/or communicated by the Client. More generally, Ginkio cannot be held responsible for data, information, results, or analyses from a third party, transmitted or received through the use of the Platform, that infringe third-party rights or violate any applicable legislation;
  • A loss or delay in the delivery of information and data, where Ginkio is not the cause of this delay;
  • The operation of the Internet network or telephone or cable networks accessing the Internet, not implemented by Ginkio;
  • A failure of the hosting servers.

Ginkio cannot be held liable for indirect damages or losses, expected profit or savings, loss of revenue, or damages not directly and exclusively caused by a failure of the Platform, nor for claims by third parties.

In any case, the Parties agree that the total amount of sums that could be charged to Ginkio if its liability were to be incurred for any reason will be limited to the sums actually paid by the Client to Ginkio during the term of these terms.

Ginkio cannot be held responsible for damages of any kind, direct or indirect, resulting from the Content published by the Client or the use of the Platform by the Client.

The Client is solely responsible for damages of any kind, material or immaterial, direct or indirect, caused to any third party, including Ginkio, as a result of the illegal use or exploitation of the Platform, regardless of the cause and location of the damage.

The Client guarantees the Company against any consequences, claims, or actions that the Company could face as a result.

The Client waives any recourse against the Company in the context of actions initiated by a third party against them due to the illegal use or exploitation of the Platform.

ARTICLE 12. INTELLECTUAL PROPERTY

The Platform is the exclusive property of Ginkio.

Ginkio holds all intellectual property rights related to the Platform, including all graphic, sound, textual, software elements, including the underlying technology, or any other nature that make up the Platform.

The Client agrees not to infringe Ginkio's intellectual property rights and is therefore prohibited from reproducing, representing, translating, modifying, or distributing, even partially, any element protected by an intellectual property right, unless they have received prior express authorization from Ginkio.

Any reproduction of an element of the Platform by the Client without Ginkio's authorization constitutes an act of infringement liable to civil and criminal proceedings.

The creation of deep hyperlinks to the Platform is subject to the prior express agreement of Ginkio.

The Client is also prohibited from using the Platform's content and information for commercial purposes without the prior express permission of Ginkio.

ARTICLE 13. PERSONAL DATA

The Company informs the Client that their personal data is subject to processing for customer relationship management purposes, in compliance with the provisions of the French Data Protection Act of January 6, 1978, as amended, and the General Data Protection Regulation (GDPR) (EU Regulation 2016/679 of April 27, 2016).

The Client has the right to access, rectify, erase, and transfer their personal data. The Client also has the right to object to or limit the processing of their data.

This right can be exercised by simply contacting Ginkio by postal mail at the address provided at the top of these terms or by email at the following address: Ginkio, 129 avenue Simon Bolivar, 75019 Paris, with proof of their identity. Requests are handled by Ginkio within a maximum of one month from their receipt.

The Client also has the right to lodge a complaint with the CNIL, https://www.cnil.fr.

The data provided by the Client is retained for the duration of their Subscription.

Unless the Client gives prior express consent, their personal data will not be disclosed to third parties or used for commercial solicitation purposes.

Ginkio takes all appropriate measures to ensure the security and confidentiality of the personal data processed.

ARTICLE 14. CONFIDENTIALITY

Each Party agrees to consider as confidential, and not to reproduce or disclose, other than for the sole purpose of executing the Agreement, the information provided by the other Party for the implementation and during the execution of the Agreement, which, due to its technical, commercial, or financial content, should be considered confidential as it contains elements that are not publicly disclosed and/or purely personal to the concerned party.

This confidentiality obligation does not apply to information that the Party can demonstrate was known to its services in another way than through this Agreement or that is in the public domain.

This duty of confidentiality will not apply when a Party is required to provide information in accordance with legal provisions, decisions of a public body, or court orders.

The Parties' obligations regarding confidential information will remain in effect throughout the Agreement's term and for as long after its termination as the information in question remains confidential to the disclosing Party, in any case for a period of two (2) years after the Agreement's termination.

ARTICLE 15. EARLY TERMINATION

Any serious breach by one of the Parties of any of the obligations imposed on them under this Agreement that is not remedied within fifteen (15) days of the sending of a registered letter with acknowledgment of receipt will give the other Party the right to unilaterally terminate this Agreement without prejudice to any damages to which they may be entitled under these terms, and subject to the aforementioned notice.

Termination of the Agreement for any reason results in the deletion, on the termination date, of all Client access to the functionalities subject to their Subscription.

It is the Client's responsibility to take all necessary measures to retrieve their data from their Portfolio before their access to the Platform is deleted.

ARTICLE 16. SUBCONTRACTING

Ginkio is authorized to subcontract the obligations incumbent upon it under this Agreement.

The Company is responsible for the work and services of its subcontractors under the same conditions as its own work or services.

ARTICLE 17. PROOF

The computerized records maintained in Ginkio's computer systems under reasonable security conditions will be considered as evidence of the communications, orders, and payments between the Parties.

ARTICLE 18. WAIVER AND TOLERANCE

It is formally agreed between the Parties that any tolerance or waiver by one Party in the application of all or part of the commitments provided for in this Agreement, regardless of their frequency and duration, cannot be construed as modifying this Agreement, nor generate any right whatsoever.

ARTICLE 19. SEVERABILITY

If any provision of the Agreement is found to be null and void under a legal rule or applicable law, it will be deemed unwritten and will not invalidate the Agreement.

ARTICLE 20. HEADINGS

In case of difficulty interpreting any of the clause headings and any of the clauses, the headings will be declared non-existent.

ARTICLE 21. ENTIRETY

These general terms represent the entirety of the Parties' obligations.

No information, document, or correspondence may give rise to any obligations under these terms unless it is the subject of an amendment signed by both Parties.

No correspondence preceding the signing of this Agreement may give rise to any obligations under the Agreement.

ARTICLE 22. APPLICABLE LAW AND JURISDICTION

These general terms are subject to French law.

Moreover, the language of these general terms is French. Thus, in the event they are translated into other foreign languages, only the French version will be authoritative.

If a dispute arises between the Parties due to the execution or interpretation of these terms, the Parties agree, before any legal action, that any claim will be the subject of prior notice sent by registered letter with acknowledgment of receipt, accompanied by any supporting documents.

If, at the end of a period of thirty (30) days from the sending of this letter, the Parties are unable to reach an agreement on a compromise or solution, the dispute will be submitted to the competent courts.

Additionally, in accordance with the provisions of Articles L612-1 et seq. of the Consumer Code, the Client, considered a "Consumer" under the Consumer Code, has the option of seeking free (except for any lawyer or expert fees) consumer mediation to resolve the dispute with the Company.

Furthermore, the Client, considered a consumer, has the option of using the European Online Dispute Resolution (ODR) platform, accessible at the following address: http://ec.europa.eu/consumers/odr/

It is specified that the Client's mediation request will only be admissible if:

  • The Client has first attempted to resolve their dispute directly with the Company by submitting a written claim under the conditions described above;
  • The Client's request is not manifestly unfounded or abusive;
  • The Client's request is submitted within a period of less than one year from their written claim to the Company;
  • The dispute has not previously been examined by another mediator or a court.
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