SCRIBENS TERMS OF USE AND PREMIUM SERVICE SUBSCRIPTION

Last updated: 15/07/2022
PRESENTATION OF THE WEBSITE WWW.SCRIBENS.COM
  1. The Website available at www.scribens.com (the « Website ») is the ownership of and is published by the company SCRIBENS (« SCRIBENS »), a French "Société à responsabilité limitée" (SARL) company incorporated under the laws of France, with a capital of € 100, registered with the Montpellier Trade and Companies Register under number 841 985 633, having its registered office at 650, avenue du Pirée, 34.000 MONTPELLIER, FRANCE.

    Intra-community VAT number: FR87841985633

    SCRIBENS can be contacted at the contact points specified below:

    • Via postal mail: SCRIBENS, 650, avenue du Pirée, 34.000 MONTPELLIER.
    • Via email: [email protected]
    • Via phone: +33 7 83 57 45 16, from Monday to Friday (working days) from 9:00 am to 5:30 pm.

    Publishing Director : Mr. Alban THIEBAUT.

    Hosting is provided by the company OVH Cloud, 2 rue Kellermann - 59100 Roubaix – France, +33 9 72 10 10 07.

    SCRIBENS’s Website offers users free spelling and grammatical correction of texts written in English and access to dictionaries, but also a paying service allowing users to obtain a certain number of advantages (“Premium Service”). The Website is intended for English-speaking individuals and professionals (“Customers” or “You”).

  2. The use of Premium Service is governed by these general terms of use and subscription (hereinafter the “Terms”).
  3. Thus, the Terms, written in English, frame the contractual relationship between SCRIBENS and You for the Premium Service.
ACCEPTANCE OF THE TERMS
  1. You acknowledge that You are a legal entity or a natural person over the age of eighteen (18) or who has reached the age of majority in Your country of residence or have obtained the authorization of Your legal representative (parent or legal guardian) if You are a minor or are subject to a legal protection measure for adults and that You have the legal capacity to subscribe to the Premium Service. You also acknowledge that You have the necessary skills and material resources to use the Premium Service.
  2. You undertake to comply with these Terms.
  3. Any use of the Premium Service not compliant with the Terms is prohibited.
  4. Subscription and access to the Premium Service are strictly subject to prior acceptance of these Terms, without restriction nor reserve.
ACCESS AND USAGE LIMITS OF THE PREMIUM SERVICE
  1. Since the Premium Service is available on the Internet, You must have an Internet connection to access to it. You have to bear all costs for telephone and Internet access.
  2. SCRIBENS does not guarantee the compatibility of the Premium Service with a specific terminal or a specific terminal operating system.
  3. Generally, the use of the Premium Service and its content must not violate national and international laws and regulations.
  4. SCRIBENS grants You a limited, personal, non-exclusive and non-transferable license to access and use the Premium Service and its content. This license is subject to the respect for the rules set forth in these Terms.
  5. You commit to scrupulously respect SCRIBENS’, the authors’ and rights holders’ rights of the Premium Service and its content. The whole SCRIBENS solution (code, resources and documentation) has been registered at the APP (Agence pour la Protection des Programmes, i.e. Agency for the Protection of Programs).
  6. SCRIBENS grants You a private, non-transferable, non-collective and non-exclusive right to use the content of the Premium Service. Consequently, You may not reproduce, modify, alter, transform or arrange, broadcast, publish, distribute, license, transfer or otherwise make available to a third party all or part of the Premium Service and the pieces of content presented on the Premium Service on any medium and by any means, except with the express authorization of SCRIBENS or of the holders of the rights on the concerned element.
  7. In particular, You commit :
    • Not to reverse engineer, derive, disassemble or decompile the Premium Service or translate it into other foreign or computer languages and generally reconstruct, reproduce or transpose its functionalities.
    • Not to misappropriate or make commercial use of the Premium Service and/or its content without the prior written consent of SCRIBENS.
    • Not to disrupt the operation of the Premium Service and more generally of the Website.
    • Not to use the Premium Service or its technical infrastructure in an abusive, excessive or otherwise inappropriate or harmful manner.
    • Not to use automated system in connection with the Premium Service and more generally the Website, such as bots.
    • Not to extract data from the Premium Service and more generally from the Website. The use of automated systems or softwares to extract data from the Premium Service or the Website (data capture or web scraping) or to index them (crowling) is strictly prohibited.
    • Not to engage in or encourage any behaviour that would adversely affect or reflect negatively on SCRIBENS, the Premium Service or the Website.

    If You do not comply with these rules, You are likely to engage Your civil and criminal liability, in particular on the legal basis of intellectual property rights infringement.

ACCOUNT CREATION
  1. Rules for creation

    In order to access the Premium Service, You must create an Account.

    1. The Account is a user account made available to You through a login and a password.
    2. The Account remains the ownership of SCRIBENS. You only have the right to access the Premium Service, through an Account made available to You.
    3. To create an Account, You will have to enter the following information:
      • User name
      • Email address
      • Password
    4. When creating an Account, personal data must be accurate, verifiable, full and up-to-date and a valid personal email address must be provided. If Your data change, You must notify SCRIBENS so that the data are always full, accurate and up-to-date. Your data must be full, accurate and up-to-date until the Account is closed.
    5. The user name must correspond to a pronounceable word; not refer to a political orientation, ethnicity, community or religion; not be vulgar or insulting; not have sexual or pornographic connotations; not be similar or imitate a registered trademark; not refer to a narcotic product or any other entity prohibited by law; not be spelled alternately in order to circumvent the above mentioned mandatory rules.
    6. SCRIBENS reserves the right to refuse to create an Account for any person who would not meet the conditions for creating such an Account or to suspend, and even delete, the Account of a person who would no longer meet these conditions.
    7. The closure of the Account is possible at any time at the Customer’s initiative through his/her Account. The Customer shall receive an email confirming the closure of the Account at the email address provided in the Account. The Account may also be closed at SCRIBENS’ initiative in the event of (i) a breach of these Terms by the Customer, (ii) a non-compliant use of the Premium Service by the Customer, (iii) a dispute with SCRIBENS, (iv) inactivity of the Account for an uninterrupted period of 3 years.
  2. Use

    The Customer will be able to use the identifier (login) and the password provided while creating the Account to get onto his/her Account later on.

    Once his/her Account is created, the Customer can consult or modify data in his/her Account, including its personal data (except for his/her identifier, i.e. his/her email address). The Customer can also consult his/her subscription history and download his/her invoices. The Customer can also add words to a personal dictionary. Finally, the Customer can consult his/her recent texts which are kept in draft form for a period of 7 days, provided that the Customer has previously activated the associated backup function which is not activated by default.

  3. Liability / Security
    1. Security

      To ensure the security of Your Account, you commit notably:

      • Not to conceal Your identity or use the identity of a third party to create an Account;
      • Not to allow access to Your Account to a third party. Any loan, sharing, exchange, donation, purchase, transfer or sale of an Account shall not be enforced against SCRIBENS;
      • To take all measures to prevent a third party from accessing to the Account You have activated, even without Your knowledge;
      • Not to use or misuse a third party’s Account;
      • Not to communicate and/or share Your login and password;
      • To use a personal email address and not to share this email address.

      You agree to immediately inform SCRIBENS in the event of loss, theft, forgetfulness or suspicion of loss or theft of Your login and / or password. You also agree to inform SCRIBENS immediately after discovery of any unauthorized use of Your Account by a third party.

    2. Liability
      1. The security of Your Account is under Your sole responsibility and SCRIBENS shall not be liable for any damage to Your Account or Your computer resulting from the loss or sharing of Your Account’s login data.
      2. You acknowledge that You, and not SCRIBENS, are responsible for all actions taken with Your Account and that You must use the Account and/or the Service only in accordance with the law. In particular, all uses of Your Account are presumed to have been made by You, whether or not You have authorized such access or use.
DESCRIPTION OF THE PREMIUM SERVICE
  1. The Premium Service allows You, while subscribing, to benefit from the advantages that are detailed in the presentation of the Premium account by clicking on the “Premium” section (or Premium page) on the Website www.scribens.com.
  2. Discounts and other benefits are strictly personal and may not be transferred to third parties under any circumstances.
  3. SCRIBENS reserves the right to add, delete and/or replace certain advantages of the Premium Service, without restricting the functionalities offered to users. Exceptionally, in case of restriction of the functionalities, the Customer will be allowed to terminate his/her subscription before the expiry date.
  4. The Premium Service is available to You until Your subscription is terminated, depending on its duration. Once the subscription has expired or has been terminated, the advantages granted will no longer be available to You.
AVAILABILITY AND MODIFICATION OF THE PREMIUM SERVICE – LIABILITY
  1. SCRIBENS will make its best efforts to ensure the proper functioning of the Premium Service and, more generally, of the Website and to provide You with the Premium Service 24h/24, 7days/7. In this respect, SCRIBENS is only bound by an obligation of means.

    However, SCRIBENS reserves the right to make any changes and improvements to the Premium Service as a result of technical developments.

  2. Thus, for reasons of maintenance, security, testing, repair or any other reason related to the improvement and operation of the Premium Service, the Premium Service may be temporarily interrupted by SCRIBENS without prior notice. SCRIBENS will decide whether or not to compensate You in the event of interruption of the Premium Service.

    In particular, there may be interruptions of the Website www.scribens.com for a few tens of minutes due to maintenance. You release SCRIBENS from all liability in this regard and thereby waive any and all claims and/or proceedings against SCRIBENS.

  3. SCRIBENS cannot be held liable in cases of force majeure as provided for by law or in the event of non-performance or improper performance of the Premium Service which is not directly attributable to SCRIBENS but which could, in particular, be caused by the Customer or a third party.
  4. SCRIBENS reserves the right to definitively interrupt, without compensation, the Premium Service for any reason whatsoever, You will then be notified by any means. Any definitive closure of the Premium Service will be notified to the email address provided in Your Account with a reasonable notice. You will then no longer be liable for any payments from the date of termination of the Service and will, if applicable, be refunded for any payments You may have made in advance for the period following the termination of the Service.
  5. In general, You acknowledge and agree that:
    • The Premium Service, the Website and their content are provided “as is”;
    • The use of the Premium Service, the Website and their content is under Your full responsibility and at Your own risk. For users who are minors, the responsibility lies with their legal representatives;
    • SCRIBENS disclaims any and all liability in the event of use of the Premium Service that does not comply with these Terms. SCRIBENS shall not be held liable for any direct or indirect damage, loss of data or profits, which may arise from the use or non-use of the Premium Service, from negligence or from any other reason associated with the concerned Service.
  6. SCRIBENS shall in no event be held liable for malfunctions in access to the Premium Service, for the speed at which the pages of the services are opened and consulted, for the speed at which the videos are played, for the temporary or permanent inaccessibility of the Premium Service, or for the fraudulent use by third parties of the information made available on the Website.
  7. In general, SCRIBENS cannot be held liable if You are unable to access all or part of the Premium Service due to any technical defect or problem, including but not limited to:
    • network congestion,
    • a failure of the Internet service providers,
    • an incompatibility with certain equipment and/or functionalities of Your computer equipment,
    • a human or a electrical error,
    • any malicious intervention,
    • a failure and/or congestion of the telephone connections,
    • any software or hardware malfunctions.
  8. SCRIBENS makes its best efforts to ensure that the information and tools made available through the Premium Service are updated. In this respect, SCRIBENS is only bound by an obligation of means, in particular due to possible changes in the English language and due to technical constraints resulting from the use of correction algorithms.
  9. You guarantee SCRIBENS against any request, claim and/or court conviction for damages that SCRIBENS may be threatened with or subject to, and/or that may be pronounced against SCRIBENS, if the cause, basis or origin of such request, claims and/or court conviction is the violation by You of these Terms, of the legislative and regulatory provisions in force, or if they result directly or indirectly from Your actions.
SUBSCRIPTION – ABSENCE OF A RIGHT OF WITHDRAWAL
  1. SCRIBENS offers three types of subscriptions:
    • Subscription for a period of 1 month,
    • Subscription for a period of 3 months,
    • Subscription for a period of 1 year,

    For each type of subscription, it is possible to subscribe to an offer for several workstations simultaneously, which allows You to benefit from a preferential rate, starting from two users.

  2. To subscribe, You must follow the following procedure:
    • Click on the type of subscription You are interested in among the different types of subscription proposed on the Website,
    • Connect to Your Account after having created it,
    • Select the type of subscription You are interested in and the number of users (while selecting, if applicable, the option for automatic renewal), being specified that You have the possibility to modify at any time the selected subscription,
    • Once You have checked the type of subscription selected, its duration, the existence of an automatic renewal and the cost (including tax) of the subscription, and if You are satisfied with Your selection, You can definitively validate Your subscription by clicking on the payment button appearing in the payment window after having accepted these Terms and SCRIBENS’ Privacy Policy. This validation obliges You to proceed with payment,
    • You will then be redirected to the payment page (see below for payment details),
    • Once the payment has been validated, a confirmation email with the details of the order will be sent to the email address provided in Your Account. This email contains a summary of the order, the first invoice as well as a copy of the applicable Terms at the date of the subscription. It is recommended that You keep a copy on paper or electronic format.

    All recorded data and the confirmation sent by SCRIBENS constitute proof of all the transactions between SCRIBENS and You and constitute in particular proof of the date, the nature and the content of the order.

  3. In accordance with the provision of Article L.221-28 1° of the French Consumer Code, for Customers with the status of consumers, You acknowledge and expressly agree that the provision of the Premium Service begins upon validation of Your registration to the Premium Service and that You do not benefit from the right of withdrawal related to online or distance selling.

    Consequently, no request for withdrawal, cancellation or refund will be accepted for the period subscribed.

  4. To cancel the subscription, You don’t have to do anything in particular if You haven’t chosen the automatic renewal option. If You have chosen the automatic renewal option, simply deactivate it in the “auto-renewal” line. Termination will take effect at the end of the current subscription period. No refunds will be made, all sums paid for the subscription being definitively acquired by SCRIBENS.
PRICE
  1. The price of the subscription to the Premium Service is mentioned on the Website www.scribens.com in euros and all taxes included. The subscription is payable upfront, at the beginning of each subscription period.
  2. SCRIBENS reserves the right to modify the price of each of the type of subscription and will inform You by email at the address provided in Your Account.
  3. If You do not agree with the modification of the price, You will be allowed to terminate Your subscription. If You do not terminate Your subscription, the new price will be applicable automatically.
  4. The first invoice and the renewal invoices are sent to You by email. You can also download the invoices from Your Account.
PAYMENT
  1. All payments made on the Website are secured.
  2. SCRIBENS does not keep any banking details.
  3. You acknowledge that all payments You make, for Yourself or for any person You represent, are made with the authorization of the holder of the means of payment used, if not, SCRIBENS will take any sanctions it deems necessary.
PERSONAL DATA / PRIVACY POLICY / DATA COLLECTION AND PROCESSING

As part of the use of the Premium Service, SCRIBENS may collect and process Customers’ personal data. This is particularly the case when a Customer creates an Account or takes a subscription. SCRIBENS undertakes to collect and process the personal data of the Customers in accordance with the provisions of European Regulation No. 2016/679 of 27 April 2016, referred to as the "General Data Protection Regulation" or "GDPR", and the amended French Data Protection Law (Loi Informatique et Libertés).

For more information about personal data collection and processing, the Customer may consult SCRIBENS’ Privacy Policy (https://www.scribens.com/documents/privacy_policy.html).

INTELLECTUAL PROPERTY / TRADEMARKS
  1. All components, functionalities, tools, documents provided by SCRIBENS (including but not limited to the Accounts, the Premium Service, videos, graphic design, logos, music, software, servers, etc.) are protected by French and international copyright and intellectual property laws and belong to SCRIBENS or its partners. These components are registered at the APP (Agence pour la Protection des Programmes, i.e. Agency for the Protection of Programs). You must not use these components without the prior written authorization of SCRIBENS.
  2. All reproduction rights are reserved, including for iconographic and photographic representations of the artworks presented on the Service. It is therefore forbidden to distribute the service offered by SCRIBENS, or to copy one or more components of the Website www.scribens.com.
  3. All the data related to the Premium Service or the Website belong to SCRIBENS and are protected by French, European and international intellectual property laws. You must therefore comply with the prohibitions as set forth in Article 3.
  4. All trademarks appearing on the Website or in the components of the Premium Service are trademarks filed and/or registered by SCRIBENS or by companies that hold them. You must not use these trademarks without SCRIBENS’ prior written authorization.
  5. Any non-complying use terminates the authorization or license granted by SCRIBENS.
REVISION
  1. SCRIBENS reserves the right to modify, add and/or delete certain rules provided for in the Terms. You will then be notified by any means. Nevertheless, the applicable Terms are those in effect at the time of subscription to the Premium Service.
  2. In the event that You do not agree with these modifications, You will be allowed to cancel Your subscription.
  3. You acknowledge that by using the Premium Service after being notified of these modifications, additions and/or deletions, You agree to these modifications, additions and/or deletions.
CUSTOMER SERVICE
  1. You can contact the customer service at [email protected] or by mail at SCRIBENS’s company postal address or by telephone at the number mentioned in Article 1.1 hereof.
SANCTIONS / TERMINATION
  1. In the event of a breach of one or more of the provisions of these Terms or any other document written by SCRIBENS, SCRIBENS reserves the right to terminate or restrict, without prior notice and at its sole discretion, Your use and access to the Premium Service and Your Account, without any compensation.
  2. SCRIBENS and/or its assignees may take appropriate action, including civil and criminal proceedings against the offender.
  3. SCRIBENS may thus terminate the Premium Service with or without prior notice and initiate any legal proceedings in the event of non-compliance by You with the rules set out in the Terms and in particular in the event of:
    • Non-compliance with the conditions of access and use of the Premium Service as defined in these Terms;
    • Default of payment;
    • Fraudulent payment;
    • Failure to perform any of Your obligations hereunder;
    • Untruthful or false information provided during Your registration;
    • Violation or alleged violation of intellectual property rights relating to the Premium Service and its content;
    • Fraud or suspected fraud in the use of the Premium Service;
  4. You may also terminate, without notice or compensation to SCRIBENS, Your subscription in the event of a serious breach by SCRIBENS of its main obligations as defined in these Terms.
MISCELLANEOUS
  1. The entire Terms shall be governed by and construed in accordance with French law, unless more favourable terms are provided by the laws of Your country of residence.
  2. If any term or condition of the Terms is determined to be illegal, invalid or unenforceable under any national law, such term or condition shall be deemed deleted without prejudice to the enforceability of the remaining provisions.
  3. In accordance with the provisions of the French Consumer Code, the Customer with the status of consumer has the right to have recourse, free of charge, to a mediator in order to amicably settle a dispute that may arise with SCRIBENS. The Customer can consult the names, contact details and websites of the mediators listed on the website www.mediation-conso.fr. Finally, the Customer is informed that the European Commission has set up an Online Disputed Resolution platform, facilitating the independent settlement by extrajudicial means of online disputed between consumers and professionals in the European Union. This platform is accessible at https://webgate.ec.europa.eu/odr/ .