Article 1. Purpose of the general conditions of sale
The purpose of these general terms and conditions of sale (GTC) is to define the conditions under which SARL FIGURES LIBRES provides its customers with the right to access the iPaoo.com website and the right to use the services offered on the site, in exchange for the payment of a subscription, which the customer accepts without reservation or restriction.
Article 2. Definitions
Terms and expressions used in the singular or plural in these terms and conditions of sale and use shall have the following meaning:
- Client: any individual or legal entity under private or public law with the legal capacity to subscribe to a service offered by iPaoo.com
- Acknowledgement: any message sent by SARL FIGURES LIBRES by electronic means, confirming an action, a subscription, or a payment made by the client on the iPaoo.com website
- Content: all data and information including images, videos, files, sounds, texts, signs, signals, programs, software, codes, or other elements of any kind, that the Client publishes on the web through his website, made via the iPaoo.com software platform, and for which he guarantees, on the one hand, to be the owner of the intellectual property rights and, on the other hand, that they are not contrary to public order and good morals
- Site creation: process carried out by the Customer, via the iPaoo.com software platform, of integrating content into different pages and publishing these pages on the web.
- Hosting: Storage space for web pages made available to the Customer on the servers of SARL FIGURES LIBRES allowing the visibility and consultation of said web pages on the Internet. This storage space is included in the subscription to the service offers on iPaoo.com and varies according to the offer chosen and subscribed by the Customer.
- Offer: a set of Packs and options available for subscription by the Customer defined in point 3.4 of these GTC.
- Publication: the action of making available the data of the website created or modified by the Customer on the Internet.
- Referencing: all the means used to index a website in search engines and directories, to develop a relevant presence of the Customer's website on the web.
- Payment: the amount that the Customer must pay to benefit from the chosen iPaoo offer.
- Shared server: server of the SARL FIGURES LIBRES ensuring the simultaneous hosting of several websites of different Customers.
- Internet site or website: all the pages created by the Customer and published on the Internet thanks to the ipaoo.com software platform.
- Graphic themes": Graphic design models of a website whose rights of use are closely linked to the validity of an iPaoo subscription.
Article 3. Description of the services of the IPAOO.COM website
3.1 - iPaoo.com allows the Customer, according to the modalities and functionalities related to the chosen offer, to create a website, to ensure its administration, to publish it on the web, to associate a domain name belonging to him, and to benefit from its hosting on the iPaoo.com platform during the whole duration of its subscription.
3.2 - The free trial offer includes 14 days of use of the site on the iPaoo.com platform. It is subject to these general terms and conditions of sale and use, available on iPaoo.com, which the Customer expressly accepts when registering.
3.3 - Any paid subscription allowing access to and use of the iPaoo.com service also implies the express acceptance by the Customer, when registering for the 14-day trial period, of the said General Terms and Conditions of Sale and Use available on the iPaoo.com website.
3.4 - Details of the offers are available on the iPaoo.com website's Pricing page at the following address https://www.ipaoo.com/pricing/
3.5.1 - Some iPaoo Packs include the allocation of a domain name and up to 5 Pop accounts (email accounts), to offer a global service to the iPaoo Client. In this respect, iPaoo will only act as an intermediary between the Customer and the organizations respectively responsible for the allocation of domain names ("registrar"). Each of these organizations has its terms and conditions regarding the registration and management of domain names. Consequently, the client gives full power to SARL FIGURES LIBRES to accept the terms and conditions of the respective registrars. These terms and conditions of registration of the appropriate domain providers will therefore be applied in addition to the present GTC. Upon request, the Service Provider will send a copy of these terms and conditions to the Client. They can also access them online from the respective allocation organizations.
3.5.2 - The Customer agrees in particular to provide correct and complete information regarding the domain name's attributor ("registrant"). During the entire subscription process, iPaoo will be the sole contact for administrative, technical, and billing matters. Regardless of the terms and conditions of the registration in question, this information must include the name of the domain name holder, an effective postal address (Post Office Boxes or anonymous addresses are not allowed), a valid e-mail address, and a telephone number. In the event of a change in this information, the Customer is obliged to inform the Service Provider immediately by updating it online.
3.5.3 - Upon conclusion of the contract, iPaoo will give the competent registrar the opportunity to apply the desired domain name for a period of 1 year. iPaoo may postpone the activation of a domain name until the actual receipt of payment of the corresponding subscription. iPaoo is not in a position to influence the allocation of a domain name by the competent organization and cannot guarantee that the requested domain name will be allocated to the Customer, nor that these domain names are free of third-party rights, nor can it guarantee their perpetual existence. Any information given by iPaoo regarding the availability of a domain name is based on information provided by third parties and relates only to the time when this information was requested. The domain will not be considered as assigned until the domain is registered under the Client's name and inserted in the registrar's database.
3.5.4 - In case of termination of the subscription, the domain name remains the property of the customer until the expiration of the current registration. It will then be released from the iPaoo reseller account so that the customer can regain his autonomy on the technical and administrative management of his domain name. During this period, any technical intervention requested by the customer from iPaoo will be subject to additional billing.
3.5.5 - Before applying a domain name, the Customer shall verify that the domain name does not infringe the rights of third parties or violate any applicable law. The Customer certifies that it has fulfilled this obligation and that at the time of this verification there was no indication of such infringements or violations of third-party rights.
3.5.6 - Any change of the requested domain name after registration is excluded. If during the time required to transmit the domain name application to the registrar, the domain name is found to have already been allocated elsewhere, the Customer shall be entitled to choose a different domain name. This will not apply if, in the event of a change of provider, the previous provider refuses the change. In such a case, the Customer will make the necessary arrangements for the release of the domain name by the previous provider or will request another domain name from iPaoo. If certain domain names have been canceled by the Customer himself or by a court decision in the context of a domain name dispute, the Customer will not be entitled to request a free substitute domain name.
Article 4. Obligations of FIGURES LIBRES SARL
4.1 - As the publisher of the iPaoo.com software platform dedicated to the creation and publication of the Client's website, SARL FIGURES LIBRES grants the Client a license to use its iPaoo.fr software platform for the duration of its subscription, which remains the sole property of SARL FIGURES LIBRES.
4.2 - In its capacity as host, FIGURES LIBRES SARL undertakes to provide the Customer with hosting for the website created by the latter on its shared servers or on the dedicated shared servers of hosting partners of FIGURES LIBRES SARL.
4.3 - SARL FIGURES LIBRES commits to assist the Customer in the creation of his website through its support service according to the terms and conditions of the offer.
4.4 SARL FIGURES LIBRES undertakes to do everything possible to ensure the permanence, continuity, and quality of the services provided to the Customer and as such has an obligation of means. However, due to the nature of the internet, SARL FIGURES LIBRES cannot guarantee the absence of interruptions or degradation of its services
Article 5. Obligations of the customer
5.1 - The Customer undertakes to complete the information requested at the time of registration and to guarantee its accuracy, sincerity, and reliability at all times.
5.2 - The Customer undertakes not to use the iPaoo.com software platform outside the terms and conditions of the offers proposed on the iPaoo site and, therefore, not to copy, reproduce, represent, adapt or modify the said software platform in any way whatsoever, nor to use the said offers for attack, intrusion, phishing or any other legally prohibited activity
5.3 - The Customer agrees to publish the website that he designed himself, thanks to the iPaoo.com software platform, under his name and/or company name and under his editorial responsibility. Therefore, the Customer commits himself to ensure that his website respects all the legal provisions in force on the day of the publication of the website on the Internet, and in particular the provisions related to public order, good morals, intellectual property, etc.
5.4 - The Customer guarantees more specifically that he has all the necessary intellectual property rights as well as the required authorizations from any interested party for the distribution and exploitation of the content present on the site created, including hypertext links.
5.5 - The Client agrees to act as soon as possible upon receipt of any report by SARL FIGURES LIBRES concerning content present on its website, which would be sent to it following the law for confidence in the digital economy known as the LCEN of 21 June 2004, to remove the contentious content or to make access impossible.
5.6 - Although the publication of content on the website is the sole responsibility of the Client, the Client expressly authorizes SARL FIGURES LIBRES to substitute itself for the Client if it does not intervene within the required timeframe or in the event of a breach of its obligations. In any case, the Client cannot claim any compensation in the event of the deletion of contentious content by SARL FIGURES LIBRES, which reserves the right to engage the responsibility of the Client.
5.7 - In the case of collection of personal data from third parties by the Client, the latter, as a professional user of iPaoo.com, has the quality of a data controller in the sense of the French law on data processing and freedom. The Customer then expressly agrees to comply with the requirements of the Data Protection Act when collecting and processing personal data in the context of the use of the iPaoo.com service. In particular, it is the Customer's responsibility to carry out the mandatory prior formalities with the CNIL, but also to take into account the rights granted to individuals by law.
5.8 - The Customer undertakes to indicate the compulsory legal mentions on his website (article 6 of the law n°2004-575 of June 21, 2004, for the confidence in the digital economy).
Article 6. Intellectual property
6.1 - The services offered on the iPaoo.com website include the use of a software platform allowing the automated creation of websites, but does not, in any case, lead to the transfer of ownership of this software platform, nor of the functional and visual elements, including the graphic themes, associated with the website thus created.
6.2 - All elements, in whatever form, related to the iPaoo.com website and its use, such as documentation, source codes, applications, illustrations, etc. remain the exclusive property of SARL FIGURES LIBRES.
6.3 - Therefore, the Customer is prohibited from copying, reproducing, representing, adapting, disassembling, decompiling, or modifying the said software platform in any way whatsoever.
6.4 - The customer is the owner and responsible for all the elements that he puts online on his site. He can, at any time, leave with the complete site by "sucking" his site to host it on another platform. By this action, the client renounces the possibility to manage his site via the iPaoo platform and to use the associated graphic theme which remains the property of SARL FIGURES LIBRES. The customer has no exclusive rights on the chosen and personalized graphic theme, the same applies to graphic themes developed with the iPaoo Pro layout editor (see 8.7).
Article 7. Right of withdrawal
Due to the particular nature of the service offered by SARL FIGURES LIBRES, which involves the execution of the main services as soon as they are paid for in full by the Customer, and also since the Customer has a free trial period of 14 days allowing him/her to test the proposed offer without any restrictions, the Customer acknowledges that, following article L.121-20-2 of the French Consumer Code, the right of withdrawal during seven (7) clear days does not apply.
Article 8. Progress of the service
8.1 - All subscriptions and exchanges of information of any kind between the Client and SARL FIGURES LIBRES must be done by email.
8.2 - Following current legislation and in the interest of the Client, all electronic documents, of any nature whatsoever, relating to the subscription to the iPaoo.com service are archived and available upon written request.
8.3 - The Customer must, when subscribing to the free trial offer without any commitment, complete the information requested.
8.4 - At the end of the 14-day free trial period, the Customer must choose an Offer and confirm his or her subscription by validating it and making the payment. If this is not the case, FIGURES LIBRES SARL reserves the right to put the website offline and to delete from its servers all data concerning the customer.
8.5 - After receiving the order and the full amount due by the customer, SARL FIGURES LIBRES sends the customer an acknowledgment of receipt summarizing the offer chosen and proceeds immediately to the processing of this order.
8.6 - The domain name of the customer's site is automatically generated as identifier.iPaoo.io. The cutomer has, moreover, the possibility to associate via the administration of its website, other domain names, belonging to him, according to the procedures described in the support part of the site accessible at https://ipaoo.zendesk.com
8.7 - Within the framework of the design of the client's website, and according to the offer subscribed to by the client, SARL FIGURES LIBRES grants the client, for the duration of the chosen offer, a non-exclusive, non-transferable, and strictly personal license to use its theme editor iPaoo Pro. iPaoo Pro is a graphic theme development tool integrated into iPaoo, accessible online, only as an option, which remains the entire property of SARL FIGURES LIBRES. The use of this software is exclusively limited to the use of the iPaoo.com service and cannot be dissociated from it in any way.
8.8 – The iPaoo platform offers the Client predefined graphic themes, which are the property of SARL FIGURES LIBRES..
8.9 - The Customer's website will be hosted on the shared servers of SARL FIGURES LIBRES or the shared servers of partner hosts
8.10 - The space allocated to the Customer for the hosting of his website depends on the offer subscribed by the Customer, as indicated in point 3.4 of these GTC.
8.11 - Even though we have an automated backup system for all website hosting, SARL FIGURES LIBRES advises the Client to make regular backups of the content uploaded to the website, to restore any data that may have been lost after a modification of the website. No compensation can be claimed to SARL FIGURES LIBRES for any loss of data.
Article 9. Accessibility of the service
9.1 - SARL FIGURES LIBRES retains, at any time and unilaterally, the right to modify, correct, and/or update the iPaoo.com software platform insofar as these changes are related to technical developments and as long as they do not result in an increase in price, or alteration of the quality of the software, or fundamental changes to the characteristics of the service for which the Customer has made a contractual commitment.
9.2 - SARL FIGURES LIBRES retains the right to unilaterally interrupt the hosting service at any time for the sole purpose of carrying out technical maintenance operations, improving the service, or the hosting server. Insofar as possible, these necessary interruptions of the service will be notified to the Customer in advance and may not exceed a reasonable duration, except in cases of emergency or force majeure.
Article 10. Rates and payments terms
10.1 - The price of each Offer is expressed in the commercial documentation of the iPaoo.com service, in euros excluding taxes (VAT Excl.) and for the minimum contractual subscription period, which is one (1) month.
10.2 - The price of each offer includes all the services of the chosen offer and is defined in article 3.4 of the GTC.
10.3 - iPaoo.com reserves the right to unilaterally modify the price of the service during the subscription period, provided that the Customer is informed, by Notification, of this price change at least one (1) month before it comes into effect. If the price change concerns the Pack subscribed by the Customer, it will only come into effect on the anniversary date of its subscription. Following this GTC, the customer may cancel his subscription, without notice, before the new prices come into effect. To do so, he/she must perform this operation from the administration of his/her account: Configuration > My Account > Cancel Subscription, and follow the specified instructions. To avoid billing for the following month or year, the cancellation must be submitted at least 7 days before the renewal date. Any cancellation made before the subscription anniversary date will not give rise to any refund of the remaining period.
10.4 - The price of the chosen offer is payable after the 14-day free trial period according to the terms and conditions available on the ipaoo.com website.
10.5 - The summary of the orders made and the payment notifications sent by the chosen payment platform will serve as invoices.
Article 11. Duration and term of service – Termination
11.1 - The minimum duration of the service is one (1) month from the reception of the payment by SARL FIGURES LIBRES, concomitant to the provision of all the services included in the iPaoo software platform, except in the case where the Client would have preferred to benefit from the annual discounted offer, whose minimum duration is one year. The iPaoo.com service is available immediately after the online payment is received.
11.2 - Once the minimum duration is subscribed, the subscription is automatically renewed, by tacit agreement, for a new duration of one month or one year (depending on the chosen offer), and this at the end of each expiration date, unless the Customer cancels his subscription directly in the Administration part of his site. The customer is free to cancel his contract at any time, provided he takes the following steps: Click on the cancel subscription button from the site administration interface: Configuration > My Account > Subscription > Cancel Subscription. The contract will then end immediately, without any penalty or compensation of any kind paid to the Client or SARL FIGURES LIBRES. To avoid billing for the following month or year, the cancellation must be submitted at least 7 days before the renewal date.
11.3 - In the event of a breach of one or more of the obligations by SARL FIGURES LIBRES or by the client, the non-defaulting party must, by registered letter with acknowledgment of receipt, give notice to the other party to remedy the situation within 15 days following the date of receipt of the notice.
11.4 - If the defaulting party fails to respond or take action within fifteen (15) days following receipt of the formal notice, the other party may terminate the service contract by the operation of law, without any other formalities than sending a newly registered letter with acknowledgment of receipt.
11.5 – Damages may be claimed from the defaulting party for non-performance of its contractual obligations.
11.6 - In the event of non-payment before the due date of the contract, the latter will be terminated by right without any compensation being claimed by the Client. In this case, SARL FIGURES LIBRES reserves the right to put the website offline and to delete from its servers all data concerning it.
11.7 - SARL FIGURES LIBRES reserves the right to delete any unpublished or inactive website - i.e. for which no connection to the administration interface has been recorded for more than one (1) month - and using a Free Offer. This deletion will be carried out within seven (7) days after notification by email and insofar as the Customer does not connect to its administration to indicate its desire to keep the said site.
Article 12. Change of formula and renewal of the offer
12.1 - Any change to an existing subscription (change of payment method, change of Pack, renewal of an expired subscription) requires an immediate payment and an update of the subscription renewal date. The new subscription cancels and replaces the previous one, without any refund being required for the remaining period of the previous subscription.
12.2 - The Customer has the option of changing Packs at any time based on the conditions applicable to the subscription of the formula concerned. The new Pack will take effect immediately. This operation cancels and replaces the previous subscription with immediate effect.
12.3 - The automatic renewal of the Pack is carried out unless otherwise agreed between the parties, based on the conditions applicable on the day of the renewal concerning the commercial documentation concerned and entails:
- The renewal of the hosting of the site
- The renewal of the right of access and use of
- The iPaoo.com software platform.
Article 13. Force Majeure
13.1 - Any exceptional circumstance, irresistible, insurmountable, and foreign to both the Client and FIGURES LIBRES Sarl, and against which neither of the two parties could protect themselves, constitute a case of force majeure which temporarily suspends the reciprocal obligations of the parties.
13.2 – However, in the case of force majeure lasting more than 30 consecutive days, it will give the right to terminate the present contract within eight days from the date of sending a registered letter with acknowledgment of receipt, without any compensation being claimed by either party.
Article 14. Modifications of the general conditions of sale
14.1 - SARL FIGURES LIBRES reserves the right to modify, without prior notice, the present Terms and Conditions of Sale, subject to notifying the Client by electronic means. The Customer will then be free to continue or not to continue his subscription, at the end of the contract
14.2 – In this case, it will be up to the Client to delete his account directly from his administration console: Configuration > My account > Cancel subscription, and follow
Article 15. Electronic formalities and evidences
The Client and SARL FIGURES LIBRES acknowledge that Order summaries, Acknowledgements of Receipt and all Notifications (including formal notices) will be made exclusively in electronic form, as permitted by law n° 2004-575 of June 21, 2004, for confidence in the digital economy as well as articles 1316-1 and 1316-3 of the civil code.
Article 16. Limitation of responsibility of FIGURES LIBRES SARL
16.1 - SARL FIGURES LIBRES, acting as a website host, in the sense of the law for confidence in the digital economy of June 21, 2004, is in no way responsible for the content of websites published by its clients via the services of iPaoo.com.
16.2 - It is not bound to any general, systematic, and a priori control of these contents. In the same way, FIGURES LIBRES SARL reserves the right not to publish and/or to delete content that is contrary to the ethical rules of the iPaoo.com website or that could contravene French law.
16.3 - SARL FIGURES LIBRES is not responsible for any type of damage, moral, financial, or other, that could result from the temporary unavailability of its platform, the deterioration, loss or overwriting of the data it hosts, the publication or misappropriation of the content published on its software platform by a malicious act.
Article 17. Protection of personal data
17.1 - The processing of personal data concerning the management of customers and prospects of the site iPaoo.com, following the Data Protection Act of January 6, 1978, has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number 1510400.
17.2 - Any person has the right to access, rectify and delete information concerning him or her on the ipaoo.com website, following the French Data Protection Act of 6 January 1978. To exercise this right, simply send an e-mail to contact [AT] iPaoo [DOT] fr
17.3 - By accepting the GTC, the client expressly authorizes the communication by email of direct prospecting messages by iPaoo.com as well as by partners of SARL FIGURES LIBRES.
Article 18. Applicable law
18.1 - This GTC is subject to French law.
18.2 - In case of a dispute regarding the interpretation or execution of this GTC, the Commercial Court of Antibes will have sole jurisdiction.
Article 19. Contact
For any question concerning the use of the iPaoo.com website, the Customer can contact the Customer Service at the address contact [AT] iPaoo [DOT] fr or by phone at the price of a local call.