General conditions of sale

Object

These conditions apply to sales of the Marius service by Marius Studio SAS, a simplified joint stock company with capital of €1,000 (see the legal notices), to professional customers. They form, with the accepted estimate and its annexes, the contract between the parties; in the event of a contradiction, the quote prevails. They take precedence over the customer's purchasing conditions.

The service

Marius is a conversational assistant based on artificial intelligence, installed on the customer's site. It responds to visitors based on site pages and information provided by the client, cites its sources, links to the client's contact when it does not have the information and tells visitors that they are talking to an AI.

All formulas include: the customer area (conversations, statistics, unanswered questions with addition of the answer, retrieved contacts, monthly report, alerts), an API and webhooks to connect the space to the customer's tools once their site is online, a site, all the languages ​​of this site, one review of the site per month and e-mail support with a response within 48 working hours. The formulas differ in the number of conversations included, the number of users in the customer area and the AI ​​model, according to the current grid included in the quote. The options (white label, additional site, additional proofreading, etc.) and the services quoted (integration, training, etc.) are detailed in the quote.

Marius freely chooses the AI ​​models and technical providers that operate the service, and can change them at any time, in particular when a provider modifies or withdraws its offer. The "superior model" of a formula designates the most efficient model that Marius offers at the moment in question. A change of subcontractor processing personal data follows the subcontracting agreement (prior information to the client).

Marius can change the service at any time: add, modify or remove a functionality, change the interface of the customer area or the widget, without reducing the essential purpose described above. The developments benefit the customer at no extra cost; a new function can however be offered as a separate option.

Ordering and installation

The demonstration is free and without obligation. The order is formed by written acceptance of the quote (signature or agreement by e-mail), which specifies the formula, options, duration of commitment and prices.

Setup includes reading the site and the documents provided, adjusting the wizard and its appearance, testing it, helping to install the widget, creating customer area accounts and getting started. The customer provides the requested information and installs the widget code line on his site, or entrusts the installation to Marius. The announced deadlines are indicative.

Implementation completed : the implementation is carried out as soon as the assistant is in service (it responds to visitors on the client's demo page or on its site, and the line of code to install has been transmitted to it) and the first account in its client area is created. The following installation assistance and handling are part of the follow-up included in the subscription.

Trial period : when the quote provides for it, the customer has a 30-day trial. The trial begins when the assistant is installed on its site, and no later than 7 days after implementation; Marius confirms his start and end dates by email. During the trial, nothing is charged. The customer can terminate it without reason by e-mail to bonjour@marius.qd.je before its end: the contract ends immediately, without owing anything (neither set-up nor subscription), and article 7 applies. Otherwise, the contract continues under the conditions of the quote: the implementation is invoiced and the subscription, like the commitment period, runs from the day after the end of the trial. The trial is added to the possible right of withdrawal, without reducing it.

Right of withdrawal for small businesses. The customer who employs five employees at most, for whom the service does not fall within the scope of his main activity, and who has accepted the quote off-premises (for example on his own premises, in the presence of a Marius representative), benefits from the rules of article L221-3 of the Consumer Code: he has 14 days from acceptance of the quote to withdraw, without having to justify himself, by e-mail to bonjour@marius.qd.je or with the form below. A quote accepted remotely (by e-mail or electronic signature) is not affected.

• Installation only begins before the end of this period if the customer expressly requests it in the quote.
• If he withdraws after this request, he pays the part of the service already provided until his withdrawal, in proportion to the agreed price; the rest is refunded within 14 days.
• When the installation has been completely carried out (in the sense defined above, "Installation completed") before the end of the period, at his express request, the customer no longer has the right of withdrawal on the installation, as he acknowledges on the quote. The subscription, a continuous service, remains cancelable during the period: only the days of service already provided are due.

Price and payment

• The prices are those of the quote, in euros. VAT not applicable, article 293 B of the General Tax Code.
• Set up : payable upon ordering, or at the end of the trial period when the quote provides for one (article 3); with a 12-month commitment, it can be paid in three installments. It is not refundable once installation has been completed.
• Subscription : payable each month in advance, or each year in advance if the customer chooses (two months free). Amounts paid are not refunded, including in the event of termination during the period, unless the service is stopped by Marius (article 6).
• Invoices are payable upon receipt. In the event of delay: penalties at the rate of three times the legal interest and fixed compensation of €40 for recovery costs (articles L441-10 and D441-5 of the Commercial Code). After a formal notice remains without effect for 15 days, the service may be suspended.
• Change of formula: towards a higher formula at any time, towards a lower formula at the next deadline.
• Price development : Marius can modify its prices at any time. The customer is notified by e-mail at least 30 days in advance; the new price applies to the following period. The customer who refuses it can cancel without charge before its application, including during a commitment period.

Conversations included

Each plan includes a number of conversations per calendar month. Ten messages from a visitor, or one reply after 24 hours, count as one new conversation; an ongoing conversation is never cut off. The customer is notified by email of 80% and 100% of their quota. Beyond a margin of 10%, the assistant pauses until the following month, unless the customer has chosen payment per use (additional sections of conversations, at the rate indicated in the quote, billed the following month) or a higher plan.

The quota is common to all of the client's sites. The artificial intelligence functions of the customer area also draw on this: a trial of the assistant from the area counts as a visitor conversation, and each personalization of the qualification ("Personalize" button) counts as a conversation. A request that is not successful is not counted. When the quota and its margin are exhausted, these functions are unavailable until the following month.

Duration and termination

• No commitment : the contract is concluded monthly, tacitly renewed, and can be terminated at any time by e-mail to bonjour@marius.qd.je, with 30 days' notice. The subscription remains due until the end of the notice period.
• 12 month commitment (from the end of the trial period, if there is one): the contract cannot be terminated before its end; in the event of early termination at the customer's initiative, the monthly payments remaining to the end remain due. It then continues on a monthly basis, terminable with the same 30-day notice.
• Either party may terminate the contract in the event of a serious breach by the other which has not been remedied 30 days after formal notice.
• Service stopped by Marius : Marius may terminate the contract at any time, particularly in the event of cessation of its activity, by e-mail with 3 months' notice, including during a commitment period. The service continues normally until the end of the notice period and the subscription remains due until this date; the customer is freed from monthly payments that would otherwise be due. Amounts paid in advance for a period after the end of the notice period are reimbursed. The implementation remains established.
• Inability to provide the service : if Marius is permanently prevented from providing the service, particularly in the event of illness or accident of its manager, it informs the customer as soon as possible. Subscriptions for the unserved period are not due. If the impediment lasts more than 30 days, either party may terminate the contract without notice or compensation, and the sums paid in advance for the unserved period are refunded.

End of contract

At the end of the contract, the assistant stops responding and the customer removes the line of code from their site. The customer area, its accounts and conversations are deleted within 30 days; a copy of the conversations may be requested before completion. In the event of termination of the service by Marius, this copy is offered to the customer during the notice period. The trace of responses added by the client (text, author, date) is kept for 5 years as proof, then deleted.

Customer commitments

• Provide accurate, up-to-date and lawful information; he remains responsible for them, including those he adds himself in his space.
• Have the rights to the contents of its site and to the documents it transmits.
• Inform visitors to its site of the presence of the assistant and the processing of their data, in its own privacy policy.
• Maintain personal access and do not hijack the service (automated sending outside the API provided for this purpose, attempt to access the data of another customer, etc.).
• Keep your API keys and the secrecy of your webhooks secret, like passwords, and delete them as soon as they are no longer needed or at the slightest doubt. The customer is responsible for the use made of his keys.

Responsibility

Marius is bound by an obligation of means. The assistant relies on artificial intelligence and can make mistakes; the decisive information (price, availability, conditions) must be able to be confirmed with the customer, to whom the assistant refers. Marius is not responsible for inaccurate or outdated information provided by the customer, nor for indirect damage (loss of turnover, customer base, image).

Except gross negligence or willful misconduct, Marius' total liability under the contract is limited to the sums paid by the customer during the 12 months preceding the cause of the event.

The service is accessible continuously, except for maintenance, breakdown of a service provider or force majeure. Interruptions do not give rise to compensation.

Personal data and confidentiality

For the conversations of visitors to its site, the client is responsible for processing and Marius acts as a subcontractor, within the meaning of Article 28 of the GDPR, according to the subcontracting agreement annexed to the quote: processing on instruction, confidentiality, security, list of subcontractors, hosting in the European Union, conversations deleted after 12 months, assistance in exercising rights and notification of data breaches. Other treatments are described in the Privacy Policy.

Confidentiality : the information that the client entrusts to Marius for the service (documents, prices, added responses, conversations of its visitors, data from its space) is confidential. Marius only uses them to provide the service to the customer and does not disclose them to third parties, apart from the technical service providers necessary for the operation of the service (hosting, AI models), themselves bound by confidentiality, the tools that the customer himself designates (see below) and cases where the law requires it. Information that is already public, in particular that published on the client's site, is not affected. This obligation survives two years at the end of the contract.

Transfer to customer tools : when the customer connects his space to other tools via the API or webhooks (customer management software, automation tool, internal software, etc.), Marius transmits, on his instructions, the data of his visitors to the address or tool he designates. The customer chooses these tools and is responsible for them, as well as for what he does with the data once transmitted: compliance with the GDPR of his own service providers, retention periods, visitor information. Marius is not responsible for a tool chosen by the customer, nor for data transmitted to an address indicated by him or obtained with one of his keys. Marius keeps the API call log for 90 days and webhooks events for 30 days, for the proper functioning and security of the service.

Intellectual property

The software, widget, name and character of Marius remain the property of Marius, which grants the customer a non-exclusive right of use for the duration of the contract. The customer remains the owner of his content and authorizes Marius to use it to provide the service. Marius may cite the client's name as a reference, unless he refuses in writing.

General provisions

Marius may transfer the contract to a third party who takes over all or part of its activity; the customer is informed by e-mail and the transfer takes effect upon this notification, under the same conditions. Marius can change these conditions; the customer is informed at least 30 days before their application, which takes place in the following period. The contract is subject to French law. In the event of a dispute, the parties first seek an amicable solution; failing this, the competent court is that of Nantes.

Withdrawal form

To be completed and returned only if the customer benefits from the right of withdrawal (article 3) and wishes to withdraw.

To the attention of Marius, Marius Studio SAS, 1 rue de la Bourse, 44000 Nantes, bonjour@marius.qd.je :
I hereby notify you of my withdrawal from the contract relating to the provision of services below.
Quote no.: …
Accepted on: …
Name and company name of the client: …
Customer address: …
Customer signature (if sent on paper): …
Date : …