General terms and conditions

The present General Terms and Conditions of Sale are up to date as of September 1, 2024.

Between: Hereinafter referred to as LITTLE IDEA or the "Company"

The company LITTLE IDEA, EURL with a capital of 1,000 euros, registered in the trade and companies register of MELUN, France under the number RCS 887 989 168, and whose registered office is located at 16 rue Jean Perrin, 77176 SAVIGNY LE TEMPLE, France.

And: Hereinafter referred to as the Client

Together referred to as "the Parties" and separately "a Party"

LITTLE IDEA's activity is the creation and development of software accessible from the website www.poteriestudio.com (hereinafter the Site)

ARTICLE 1 - General provisions

1.1 The present GTC govern the contractual relationship between the Parties relating to the Subscription.

1.2 The term "Subscription" means:

access to the "Pro" features as described on our pricing page.

1.3 The term "Pro Subscription" refers to both the monthly or annual subscription plan which includes in particular an unlimited number of creations in the application, the ability to duplicate its entities (potteries, test tiles), to duplicate its glaze layers, to reorder the layers of its creations, to copy the layers between the interior and exterior of its creations, as well as the duplicate of the layers of its creations.

1.6 The term "Client" refers to any person, legal or natural, who has subscribed to the Subscription on the Site.

1.7 The term "Consumption" refers to any action of the Client that resembles the use of the Subscription.

1.8 The term "Third Party" refers to any natural or legal person not party to these General Terms and Conditions
of Sale (GTC).

1.9 The present GTC replace any previous document, any other written or verbal agreement in relation to the Subscription, and prevail over any conflicting provision that may be contained in documents emanating from the Client.

1.10 If any provision of these GTC or its application to any person or circumstance is deemed void, such nullity shall not concern the other provisions or applications of these GTC, which shall remain in force, separately from the provision deemed void. To this end, the provisions of these GTC are declared autonomous.

1.13 The GTC are written in French. An English translation may be provided for information purposes. In the event of a contradiction, only the French version shall prevail between the Parties.


ARTICLE 2 - Technical means - Characteristics of the service

2.1 Before using the Site and the service, the Client must ensure that it has the technical and computer means to use the Site and to order the services on the Site and that its browser allows secure access to the Site. The Client must also ensure that the computer configuration of its hardware/equipment is in good working order and does not contain any viruses.

2.2 The service is available online. It provides access to the features detailed at the time of subscription to the service.

ARTICLE 3 - Purpose

3.1 The purpose of these GTC is to determine the conditions under which LITTLE IDEA grants the Client, who accepts it, the inalienable, non-exclusive and personal right to use the service whose characteristics are specified in the previous article.

3.2 LITTLE IDEA expressly reserves the right, without compensation, to modify, for the purpose of improvement, without prior notice and at any time all or part of the service or its access methods and, if necessary, the presentation and/or content of the features.

3.3 The GTC are available on the site at all times by the Client. Consequently, the fact of proceeding to the payment of subscribing to the subscription implies the Client's full and unreserved adherence to these GTC, to the exclusion of all other documents in its possession such as catalogs or advertising brochures issued by LITTLE IDEA, which shall have only an indicative and non-contractual value.

ARTICLE 4 - Access to the Subscription service

4.1 The Client accesses the online service via the Internet, through the Site, using an identifier and a password that are communicated to him as soon as his account is created.

4.2 The Client will thus have access to the service in SaaS mode 24/7, except in the event of maintenance operations, possible breakdowns or force majeure affecting LITTLE IDEA.

4.3 The Client is responsible for subscribing, with an Internet service provider, a subscription allowing him to access the Site and the service. The Client ensures the compatibility of its technical environment required for access and/or use of the service.

4.4 The Subscription subscribed by the Client is for the Client alone and can in no case be used by a Third Party. The Client acknowledges that the service access codes are strictly personal, confidential and non-transferable. The Client undertakes to preserve the confidentiality of its service access codes and to take any necessary measures to prevent the communication of these codes which would allow Third Parties to illegally access the service.

4.5 The Client undertakes not to resell the services included in the service to its customers or Third Parties. In the event of non-compliance with this obligation, LITTLE IDEA may immediately suspend the performance of its services, without having to justify it to the Client.

ARTICLE 5 - Updates - Maintenance

5.1 The service accessible through the Site is subject to regular updates by LITTLE IDEA.

5.2 LITTLE IDEA undertakes to do its best to ensure that maintenance operations do not disrupt the Client's use. When maintenance or update operations result in the suspension of the service, LITTLE IDEA undertakes to notify the Client as soon as possible.

ARTICLE 6 - Duration

6.1 Monthly payment plans: The contract relating to the Pro service takes effect from the date of activation of the service for the initial and firm duration ("Initial Duration") of one (1) month. At the end of this initial term, the contract is automatically renewed for a period of one (1) month and new subscription fees will be due monthly.

6.2 Termination of monthly payment plans: The contract may be terminated at any time. The Client must make a request to terminate their subscription from their Client area, in the My Subscription tab. The termination will be effective at the end of the one (1) month period from the date of the termination request. The amount paid for the month's subscription at the time of termination remains due to the Company.

6.3 Annual payment plans: The contract takes effect from the date of activation of the service for the initial and firm duration ("Initial Duration") of one (1) year. At the end of this Initial Duration, the contract is automatically renewed for the same duration and new subscription fees will be due annually.

6.4 Termination of annual payment plans: The contract may be terminated at any time. The Client must make a request to terminate their subscription from their Client area, in the My Subscription tab. The termination will be effective at the end of the current billing period. The total amount paid for the subscription remains due to the Company.

ARTICLE 7 - Termination

7.1 Subject to mandatory provisions, LITTLE IDEA and the Client may terminate the Contract in the event of a serious breach, not remedied within thirty (30) days following formal notice, subject to notifying their decision to the other Party, by registered letter with acknowledgment of receipt. Constitutes a serious breach (i) the fact for a Party not to remedy a serious contractual breach within a period of fifteen (15) days following the letter of formal notice sent by registered letter with acknowledgment of receipt, (ii) the non-payment, total or partial, of an invoice at its due date by the Client.

7.2 Constitutes a serious breach within the meaning of the previous article: - non-payment of an invoice - violation by the Client of the scope of rights granted to it under the contract - an attempt to intrude or attack the integrity of the Site by the Client

7.3 In the event of early termination of the contract at the fault of the Client and for whatever reason, all sums remaining due by the Client will become immediately payable without prejudice to any damages that LITTLE IDEA may be entitled to. Furthermore, the defaulting Party undertakes to indemnify the other Party for all proven damages it has suffered and resulting from the termination of the contract due to a breach by the defaulting Party of its contractual obligations.

ARTICLE 8 -- Order - Price -- Payment

Price

8.1 In consideration of access to the service under the conditions provided for herein, the Client undertakes to pay LITTLE IDEA a remuneration for the use of the service. In the event of early termination of the Contract for any reason whatsoever, the Client undertakes to pay LITTLE IDEA the full amount of the sums remaining due under the Service fee.

8.2 The amount of the service remuneration is indicated on the Site, in euros, excluding taxes and including all taxes. The prices indicated on the Site are those in effect on the day of signing the contract.

8.3 The amount of the service remuneration is payable upon subscription to the subscription. The payment of the service remuneration will be made by automatic monthly or annual debit according to the plan chosen. The sums due to LITTLE IDEA do not include the cost of the Internet connection which remains at the expense of the Client.

8.4 LITTLE IDEA may modify the amount of the service remuneration subject to informing the Client by any means at least fifteen (15) days before the entry into force of this price change. The new service remuneration only applies to the renewal of the service: the month following notification to the Client for monthly payment plans, the year following notification to the Client for annual payment plans. The Client is free to object to the change in price by sending a request for termination within fifteen (15) days following notification to the Client. In the absence of a request for termination within this time, the Client is deemed to have accepted the new service remuneration. Order

8.5 The Client has the possibility to modify his Order and to correct any errors before proceeding to accept his order.

8.6 The Service is provided subject to the Client accepting the present GTC. The latter is deemed to have accepted the GTC and the Privacy Policy when ordering the Service. The present GTC govern the contractual relations between the Company and the Client who accept them without reservation.

8.7 After accepting the present GTC and validating the order, the contract is validly concluded between LITTLE IDEA and the Client and binds them irrevocably.

8.8 LITTLE IDEA recommends that the Client keep the information contained in the confirmation of his order request addressed to him by LITTLE IDEA, on paper or computer support

8.9 Orders placed by the Client are therefore firm and irrevocable and are subject to these GTC.

8.10 LITTLE IDEA reserves the right to cancel or refuse any order that would come from a Client with whom there would be a dispute relating to the payment of a previous order. Payment

8.11 The prices are mentioned on the Site in the service descriptions, in euros and including all taxes.

8.12 The total amount is indicated in the order summary, before the Client accepts the present GTC, validates his service order, fills in and validates his billing details and proceeds to payment. This total amount is indicated excluding taxes and including all taxes.

8.13 The service order on the Site is payable in euros. The entire payment must be made on the day of the Client's order.

8.14 The Site uses the Stripe security system for payment by credit card, a service provider specialized in securing online payments. This system guarantees the Client the complete confidentiality of his banking information. The banking transaction, carried out between the Client and the chosen secure system, is therefore completely encrypted and protected. The Client's bank details are not stored electronically by LITTLE IDEA.

8.15 The Client may not, under any pretext, make any deduction between the sums that LITTLE IDEA may owe him and the sums that he owes to LITTLE IDEA, unless LITTLE IDEA expressly agrees to do so. To the extent that it will be applicable, VAT will be added by LITTLE IDEA to the amounts invoiced.

8.16 LITTLE IDEA reserves the right to suspend or cancel any performance of the service in the event of non-payment or partial payment of any amount due by the Client to LITTLE IDEA. In the event of non-payment of an invoice on its due date, interest at the legal rate in force increased by four (4) points will be automatically applied by LITTLE IDEA until full payment, and without prior notification.

8.17 In accordance with Articles L.441-6 of the French Commercial Code and D.441-5 of the French Commercial Code, any late payment automatically results, in addition to late payment penalties, in an obligation for the Client to pay a flat-rate indemnity of forty (40) euros for recovery costs. When the recovery costs incurred are higher than the amount of this flat-rate indemnity, LITTLE IDEA may claim additional compensation, upon proof.

ARTICLE 9 - Complaints

9.1 The Company undertakes to respond to any complaint within a maximum of ten (10) working days from the receipt of a written request via the platform's messaging system.

9.2 By way of exception to the foregoing in Article 9, for any order of an annual payment plan that has been partially or fully Consumed, no refund may be offered.

9.3 For any order of a monthly payment plan, no refund may be offered.

ARTICLE 10 - Warranty and liability

10.1 The Client is solely responsible for the use it makes of the service, in particular concerning the use and interpretation of the information made available to it by LITTLE IDEA. LITTLE IDEA will only be liable for the legal guarantees applicable to its service if any, to the exclusion of any other guarantee.

10.2 LITTLE IDEA's liability, for direct and proven damages caused to the Client, is limited to the amount of the order concerned. In no case shall LITTLE IDEA be liable for indirect, incidental or special damages as defined by the case law of the French courts.

10.3 LITTLE IDEA cannot be held responsible for non-performance of the contract in the event of force majeure as defined by Article 1218 of the French Civil Code and the French courts, and in the event of damages caused by a third party or attributable to improper use or non-compliant use by the Client of the services, in violation of LITTLE IDEA's instructions or the rules of the art.

ARTICLE 11 - Right of use and reproduction

11.1 The service, as well as all the data appearing on the Site, are protected by copyright and database rights in accordance with the Intellectual Property Code. These elements may in no way be reproduced, represented, lent, exchanged, sold, distributed or transmitted, even partially, except in the cases expressly authorized by law or provided for in the contract. The service features may not be used for the purpose of violating or diverting these intellectual property rights.

11.2 The Client is prohibited from using the service for purposes other than those expressly provided for in the contract.

11.3 The Client undertakes not to rebuild or attempt to rebuild, from the data and/or by means of the service, a database aimed at offering, directly or indirectly, free of charge or for a fee, the same service or a comparable service, to any third parties outside its company for the purpose of circumventing the personalized access to the service from which it benefits.

11.4 The Client undertakes more generally not to infringe the intellectual property rights held by LITTLE IDEA on the service or any other element appearing on the Site protected by an intellectual property right, including trademarks and logos. ARTICLE 12 - Confidentiality of Client data
The provisions concerning the protection of personal data as resulting from the French Data Protection Act of January 6, 1978, as amended by the Law of June 20, 2018 on the protection of personal data and the European Regulation on the protection of personal data ("GDPR") are set out in an annex document entitled "Privacy Policy".

ARTICLE 13 - General provisions

13.1 Applicable law: The contract is interpreted and governed in accordance with French law, without taking into account the principles of conflict of laws.

13.2 Jurisdiction: The courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction to hear any disputes of any nature or disputes relating to the interpretation or performance of these GTC, notwithstanding plurality of defendants, incidental claim or third-party notice, unless LITTLE IDEA prefers to refer the matter to any other competent jurisdiction

13.3 Assignment: LITTLE IDEA may decide to assign or transfer the rights or obligations conferred on it by these GTC, provided that the Client benefits from the same obligations as LITTLE IDEA and, this, under the same conditions.

13.4 Proof agreement: The Parties agree that all written documents, including electronic writing, exchanged between them as well as all data, in particular technical data, are valid and reliably prove the content of their exchanges and their commitments.

13.5 Contact: LITTLE IDEA can be contacted at any time by email at the following email address: [email protected].