Article 1. Purpose and Scope
The purpose of these Terms is to set out the conditions under which REMI, a simplified joint-stock company operating under the trade name "Argile" (hereinafter the "Publisher"), makes its software solution available on a Software-as-a-Service (SaaS) basis, together with the associated services (hereinafter collectively the "Service"), to its customers (hereinafter the "Customer").
The Service is a professional sales support and project management tool intended for companies in the energy renovation and building sector (tradespeople, installers, construction companies, agents). It enables, in particular, the qualification and technical survey of dwellings, the calculation of heat losses, the sizing of installations and the production of sizing notes and thermal reports, the configuration and pricing of works based on the Customer's catalogue, the simulation of financial incentives, the generation of quotes and invoices, the preparation of incentive applications and the monitoring of works.
These Terms apply exclusively to Customers acting in a professional capacity, for the purposes of their business. They contain no provisions specific to consumers or non-professionals, as the Service is not intended for such customers. Accordingly, the provisions of the French Consumer Code relating in particular to the right of withdrawal, the renewal of consumer contracts and consumer mediation shall not apply.
Any subscription to the Service implies full and unreserved acceptance of these Terms. By subscribing to the Service, the Customer acknowledges that it has read these Terms and accepts them without reservation.
Article 2. Definitions
The following capitalized terms shall have the meanings set out below, whether used in the singular or the plural.
Service: the online software solution published by the Publisher, including its modules, features, interfaces and associated services (deployment, training, support).
Modules: the functional components of the Service subscribed to by the Customer according to the roles of its users (for example Argile Sales, Argile Support, Argile Full, Argile Installer, Argile Project).
Customer: the legal entity or professional subscribing to the Service.
User: any natural person authorized by the Customer to access the Service by means of a personal login.
Account: the secure personal space assigned to a User.
Specific Terms: any order form, signed quote, framework agreement or specific contractual document entered into between the Parties that specifies or supplements these Terms.
Customer Data: all data entered, imported, configured or generated by the Customer or its Users in the Service (including catalogues, items, work packages, quotes, invoices, end-customer data, projects, photos, plans and related documents).
Outputs: the items produced by the Service from the Customer Data, including heat loss calculations, sizing notes, thermal reports, works configurations, pricing, quotes, invoices, incentive simulations and similar documents.
Documentation: all materials describing the features and use of the Service made available by the Publisher.
Approved Platform: an electronic invoicing platform approved by the French tax authorities for the transmission of electronic invoices, to which the Service is interconnected through a partner.
Party(ies): the Publisher and the Customer, individually or collectively.
Article 3. Contractual Documents and Order of Precedence
The agreement between the Parties consists of the following documents, in decreasing order of precedence:
1. any Specific Terms signed between the Parties (order form, signed quote, framework agreement);
2. these Terms;
3. the Documentation.
In the event of any conflict between these documents, the higher-ranking document shall prevail, solely with respect to the conflicting provision concerned. These Terms constitute the common contractual basis applicable to all Customers; the Specific Terms may only derogate from them by an express written provision.
These documents together constitute the entire agreement between the Parties with respect to their subject matter and supersede any prior proposal, communication or agreement. The Customer's general terms and conditions of purchase shall not be enforceable against the Publisher, unless expressly accepted in writing by the Publisher.
Article 4. Subscription and Formation of the Contract
Subscription to the Service is made either online or by signing Specific Terms. The contract is formed, as the case may be, upon validation of the online order, upon signature of the Specific Terms or upon first access to the Service.
The person subscribing on behalf of the Customer represents and warrants that they have authority to bind the Customer. The Customer warrants the accuracy of the information provided at the time of subscription and undertakes to keep it up to date.
The Customer may be offered a trial or discovery offer, the specific conditions of which (duration, scope, limitation to one subscription per company, no automatic renewal) are specified at the time of subscription and shall prevail, for the relevant period, over any conflicting provisions of these Terms.
Article 5. Description of the Service and Offers
The Publisher offers its Service under several plans, the details, functional scope and prices of which are set out in the applicable price list provided to the Customer or available on the Publisher's website. The plans include in particular:
Argile Suite: a subscription built module by module according to the roles within the Customer's team, billed per user per month.
Simulator Add-on: an option allowing a simulator to be integrated into the Customer's website, billed per company based on a volume of simulations.
Argile Discovery: a trial offer allowing the Customer to test the Suite for a limited period, with no commitment and no automatic renewal, under the conditions specific to that offer.
Argile Enterprise: a tailored offer subject to Specific Terms (high volumes, specific integrations, dedicated service levels).
Onboarding: start-up support, either self-service or tailored, under the conditions of the price list.
The Publisher continuously develops the Service in order to improve its features and performance. It may add, modify or remove features, provided that it does not materially degrade the essential characteristics of the subscribed offer during its term.
Article 6. Nature of the Service: a Decision-Support Tool
The Customer expressly acknowledges that the Service is a sales support and decision-support tool intended for building and energy renovation professionals.
The Outputs produced by the Service are indicative in nature and constitute decision support for the Customer. They are generated automatically from the Customer Data and the assumptions configured by the Customer.
The Service shall in no event replace the Customer's professional judgment, a regulatory thermal study, a project management (maîtrise d'œuvre) assignment, the involvement of a thermal engineering firm, or an on-site visit, survey or expert assessment. It constitutes neither an engineering service nor technical, regulatory, tax or legal advice. It is the responsibility of the Customer, as a professional in its sector, to check, interpret and validate the Outputs before any use.
Article 7. Access, Licenses and User Accounts
The Publisher grants the Customer, for the term of the contract, a personal, non-exclusive, non-assignable and non-transferable right to use the Service, within the limits set out herein.
Licenses are named-user licenses: each User holds a license corresponding to their role, giving access to the associated Modules, a secure personal Account and storage of their data. A single license may not be shared between several people. A license may be reassigned from one User to another, provided that it remains a named-user license, on the basis of one license per active User.
The Administrator license additionally allows the management of price catalogues, the configuration of work packages and bundles, and the administration of Users. The Customer is responsible for managing its Users' access rights and for the confidentiality of their login credentials. Any action carried out using a User's credentials shall be deemed to have been carried out by the Customer.
In the event that a single license is shared by several people, as evidenced in particular by simultaneous logins from different devices or IP addresses, the Publisher may, after informing the Customer, invoice the additional licenses corresponding to the actual Users, retroactively from the start of the identified use, at the monthly no-commitment rate increased by fifty (50) percent, without prejudice to the right of termination provided for in Article 15.4.
The Customer shall not copy, reproduce, modify, adapt, translate, decompile or disassemble the Service, except as permitted by Article L. 122-6-1 of the French Intellectual Property Code, nor attempt to access it by unauthorized means, resell it, make it available to third parties or circumvent its security measures.
Article 8. Obligations of the Publisher
The Publisher undertakes, under a best-efforts obligation (obligation de moyens), to use reasonable diligence to provide the Service in accordance with its Documentation and industry standards.
The Publisher provides corrective and evolutive maintenance of the Service, user support available on business days from Monday to Friday, 9:00 a.m. to 6:00 p.m. (Paris time), and informs the Customer of significant changes to the Service. It shall endeavor to ensure the availability of the Service under the conditions set out in Article 13.
The Publisher is subject to a duty to advise and warn in connection with the provision of the Service, which shall be assessed in light of the Service's nature as a decision-support tool and of the Customer's own responsibilities as defined herein.
Article 9. Obligations and Responsibilities of the Customer
The Customer undertakes to use the Service in accordance with its intended purpose, these Terms, the Documentation and the regulations applicable to its business.
The Customer is solely responsible for:
the accuracy, completeness, relevance and updating of the Customer Data it enters, imports or configures, including measurements, surveys, assumptions, parameters and catalogue items;
the lawfulness of the content it processes by means of the Service and compliance with third-party rights;
checking, verifying, interpreting, validating and using the Outputs before any use, delivery to a third party or contractual commitment;
ensuring that its use of the Service complies with its professional, regulatory, accounting and tax obligations, as well as with its qualifications, accreditations and insurance;
maintaining the confidentiality of its Users' login credentials.
As the Data is processed automatically by the Service, the quality of the Outputs depends directly on the quality of the data provided by the Customer. The Customer acknowledges that inaccurate, incomplete or incorrectly configured data will produce erroneous Outputs, for which the Publisher shall not be held liable.
Article 10. Technical Outputs: Sizing, Sizing Notes and Thermal Calculations
The Service makes it possible to calculate heat losses and to produce sizing notes and thermal reports. These Outputs are based on the data and assumptions entered by the Customer and constitute decision support, without the value of a regulatory study.
The Publisher undertakes, under a best-efforts obligation, that the calculation methods and engines implemented by the Service apply the calculation methods and standards it declares to use, in particular standard NF EN 12831 for heat loss calculation, and comply with their Documentation. This obligation relates to the operation of the calculation engine with constant input data, and excludes the accuracy of the data and assumptions entered by the Customer and the suitability of the Outputs for any particular situation.
The Customer, as a professional, remains solely responsible for verifying that the sizing, calculations and documents produced comply with industry standards and applicable norms, in particular the French unified technical documents (DTU), NF standards and applicable regulatory requirements, as well as with the criteria of incentive schemes and the requirements of its professional qualification, in particular RGE where applicable.
Regulatory responsibility for sizing, the preparation, delivery and retention of the sizing note, the design and execution of the works, as well as the liabilities and statutory warranties attached to the status of professional installer (including, where applicable, the ten-year warranty (garantie décennale), the one-year completion warranty (garantie de parfait achèvement) and the duty to advise the end customer) rest exclusively with the Customer.
Accordingly, the Publisher shall not be held liable for the consequences of undersizing, oversizing, regulatory non-compliance or any defect in the design, supply or execution of the works, where these result from inaccurate or incomplete data or assumptions provided by the Customer, from a failure by the Customer to check or validate the Outputs, or from the Customer's exercise of its own responsibilities as defined in this Article, nor for decisions made by the Customer or its end customers on the basis of the Outputs.
Article 11. Quotes, Invoices and Electronic Invoicing
The Service enables the Customer to generate quotes and invoices from the data it enters and configures. The Customer remains solely responsible for the accuracy, completeness and legal, accounting and tax compliance of the documents so generated, in particular with regard to mandatory information, the rates and calculation of value added tax, the invoicing rules applicable to its business and its reporting, retention and archiving obligations.
The Publisher acts solely as the provider of a technical generation tool and, where applicable, as the operator ensuring the interconnection of the Service with a partner Approved Platform. As such, the Publisher assumes no tax liability and is not subject to any of the Customer's reporting obligations. The compliance of the transmission, regulatory archiving and extraction of invoicing data is the responsibility of the Approved Platform.
It is the Customer's responsibility to check each quote and each invoice before issuing it and to ensure its compliance. The Publisher shall not be held liable for any erroneous, incomplete, non-compliant or rejected quote or invoice, nor for any resulting penalties, tax reassessments or sanctions.
With respect to electronic invoicing, the Customer acknowledges that it is solely responsible for complying with its legal obligations, in particular the choice of and connection to an Approved Platform, compliance with the regulatory timetable and the transmission of invoice lifecycle statuses. The Publisher undertakes a best-efforts obligation to ensure the interoperability of the Service with the partner Approved Platform(s), without guaranteeing that future regulatory changes will not require adaptations at the Customer's expense.
Article 12. Financial Incentive Simulations
The financial incentive simulations offered by the Service, in particular in respect of Energy Savings Certificates (CEE) and MaPrimeRénov', are provided for purely indicative and estimation purposes. They have no contractual value and constitute neither a commitment by the Publisher nor a guarantee of eligibility for, or of obtaining or the amount of, any incentive.
The amounts displayed depend on scales, decrees, flat rates and eligibility rules that may change at any time, as well as on the assessment of the processing and funding bodies. The decision to grant, the final amount and the payment of incentives are exclusively the responsibility of those bodies.
The Customer remains solely responsible for verifying eligibility and for structuring, preparing, filing and ensuring the compliance of incentive applications, as well as for complying with the associated conditions and commitments. The Publisher shall not be held liable for any refusal, reduction, delay, withdrawal or repayment of an incentive, nor for the consequences of any difference between a simulated amount and the amount actually obtained.
Article 13. Availability, Service Levels and Maintenance
The Publisher shall endeavor to ensure the continuous availability of the Service, excluding scheduled maintenance periods and events beyond its control. Application monitoring is carried out on a continuous basis and an alert message is sent to the Customer in the event of an identified outage.
In the event of an incident, the Publisher shall implement, under a best-efforts obligation and measured in business days and hours, the following response and resolution targets, which are provided as good-faith targets and without penalty, unless otherwise provided in Specific Terms:
Critical (P1): Service unusable in whole or in substantial part. Response time: 4 business hours. Resolution target: 1 business day in the event of an internal failure, 2 days in the event of an external failure (e.g. hosting provider).
Major (P2): Important function degraded, a workaround remaining available. Response time: 1 business day. Resolution target: 3 business days.
Minor (P3): Limited inconvenience, with no blocking impact. Response time: 3 business days. Resolution target: Included in regular correction cycles.
Where scheduled maintenance renders the Service temporarily unavailable, the Publisher shall inform the Customer with at least forty-eight (48) hours' notice and shall endeavor to carry it out outside business hours. Urgent corrective maintenance may be carried out without notice where required by the security or integrity of the Service.
Article 14. Financial Terms
14.1. Price. The Service is provided in accordance with the applicable price list, expressed exclusive of taxes. Prices for the Suite Modules are per user per month. An annual commitment entitles the Customer to a reduced price compared with the monthly no-commitment subscription. The Simulator Add-on is billed per company. The applicable prices are those set out in the Customer's order or Specific Terms.
14.2. Invoicing and Payment. Unless otherwise provided in the Specific Terms, invoices are issued monthly, in advance, at the beginning of each monthly period, and are payable by direct debit or bank transfer within thirty (30) days of their issue date, to the account designated by the Publisher.
14.3. Late Payment. In accordance with Article L. 441-10 of the French Commercial Code, any late payment shall automatically give rise, without prior formal notice, to late payment penalties calculated at three (3) times the applicable legal interest rate, as well as a fixed compensation for recovery costs of forty (40) euros, without prejudice to additional compensation upon proof where the recovery costs actually incurred are higher. In the event of persistent non-payment, the Publisher may suspend access to the Service fifteen (15) days after a formal notice has remained unanswered, excluding any amounts disputed in writing and in good faith. Suspension shall not prevent the Customer from accessing its Data or from carrying out reversibility operations.
14.4. License Management. The Customer may subscribe to new licenses at any time; licenses added during a period are aligned with the common renewal date of the contract and invoiced upon activation, on a pro rata basis until that date, then at the full rate upon renewal. The removal of a license takes effect under the conditions of the Specific Terms; failing that, invoicing of the removed license ceases at the end of the current commitment period.
14.5. Price Revision. Prices are fixed for the first commitment period. Thereafter, they may be revised once (1) per year, on the anniversary date, up to the higher of the following two amounts: five (5) percent of the previous year's prices, or the one-year change in the latest Syntec index published on the date of notification, any revision being notified to the Customer at least three (3) months before it takes effect. The Specific Terms may provide for a different indexation.
Article 15. Term, Renewal and Termination
15.1. Term. The contract takes effect upon subscription and is entered into for the term specified in the order or in the Specific Terms. If no term is specified, the subscription is entered into for a commitment period of twelve (12) months.
15.2. Renewal. At the end of the commitment period, the contract shall be tacitly renewed for successive periods of the same duration, unless terminated by either Party under the conditions set out below. Trial or discovery offers are not subject to automatic renewal.
15.3. Termination at Expiry. Either Party may terminate the contract at its expiry by written notice, including by email, subject to three (3) months' notice for the first commitment period, and two (2) months' notice for subsequent periods, unless a different notice period is provided in the Specific Terms.
15.4. Termination for Breach. In the event of a breach by a Party of any of its essential obligations, the other Party may terminate the contract by operation of law thirty (30) days after a formal notice sent by registered letter with acknowledgment of receipt has remained without effect, without prejudice to any damages.
15.5. Suspension. The Publisher may suspend access to the Service in the event of non-payment under the conditions of Article 14.3, or in the event of use of the Service that undermines its security, its integrity or the rights of third parties, after informing the Customer, except in cases of emergency.
15.6. Effects. Termination or expiry of the contract shall end the right to access the Service, subject to the reversibility operations set out in Article 17. The provisions relating to confidentiality, intellectual property, personal data protection, limitation of liability and reversibility shall survive the end of the contract.
Article 16. Intellectual Property
The Service, its components, architecture, interfaces and Documentation, and all intellectual property rights and know-how relating thereto, remain the exclusive property of the Publisher or its licensors. These Terms do not entail any assignment of intellectual property rights to the Customer, but only a right of use under the conditions of Article 7.
Each Party retains exclusive ownership of the intellectual property rights and know-how it held prior to the contract, as well as of any improvements thereto. Each Party warrants to the other that the rights it grants do not infringe any third-party rights and shall indemnify the other Party against any infringement claim, provided that it is promptly informed and involved in the defense.
The Customer Data, as well as the Outputs generated from such Data, remain the exclusive property of the Customer. The Publisher acquires no ownership rights in such items and uses them only for the purposes of performing the contract, subject to the right to use them for statistical purposes and to improve its models after anonymization, as provided for in Article 18.
Article 17. Customer Data and Reversibility
The Customer retains full ownership of the Customer Data. The Publisher shall not use such Data for any purpose other than the provision of the Service, subject to the anonymized use provided for in Article 18.
Upon termination of the contract, for any reason whatsoever, the Publisher shall make all of the Customer's Data available to the Customer, within thirty (30) business days and free of charge, in an open and usable format:
catalogues, items, work packages and bundles, quotes, invoices, customers, projects and related documents, as a structured export in CSV or Excel format;
generated documents (quotes, invoices, acceptance reports, certificates, incentive applications), as PDF files;
uploaded attachments (photos, plans, audits), in their original format.
Upon request, the Publisher shall provide a description of the exported fields in order to facilitate their reuse. Upon expiry of a period of thirty (30) business days following their provision, the Publisher shall permanently delete the Data and shall certify such deletion upon request.
Article 18. Personal Data
The Parties shall process personal data in compliance with Regulation (EU) 2016/679 (GDPR) and French Law No. 78-17 of January 6, 1978, as amended.
Where the Publisher processes personal data on behalf of the Customer in connection with the Service, it acts as a processor within the meaning of Article 28 of the GDPR, the Customer being the controller. In this capacity, the Publisher shall process such data on the Customer's documented instructions, solely for the purposes of providing the Service; implement appropriate technical and organizational measures; ensure confidentiality; engage only sub-processors offering sufficient guarantees, after informing the Customer; assist the Customer in complying with its obligations; and notify any personal data breach without undue delay and no later than twenty-four (24) business hours after becoming aware of it.
Data is hosted within the European Union. Any transfer outside the European Union shall be subject to the Customer's prior consent and governed by the mechanisms provided for by the GDPR, in particular the standard contractual clauses. The detailed processing conditions (purposes, categories of data and data subjects, duration, security measures, sub-processors) are set out in the data processing agreement (DPA) annexed hereto, which forms an integral part of the Contract.
The Publisher uses the following sub-processors: Scaleway (hosting, France) and Pennylane (electronic invoicing). It shall inform the Customer of any addition or replacement of a sub-processor at least thirty (30) days in advance, and the Customer may object on legitimate grounds relating to the protection of personal data.
The Publisher may only use the Customer Data for statistical purposes, for training artificial intelligence models or for improving its models after irreversible anonymization within the meaning of the GDPR, preventing any re-identification of the data subjects. The Customer may object to such use at any time by simple request.
Upon termination of the contract, the Publisher shall return or destroy the personal data, at the Customer's option, under the reversibility conditions set out in Article 17.
Article 19. Security and Hosting
The Publisher shall implement, under a best-efforts obligation, state-of-the-art technical and organizational measures to preserve the security, integrity and confidentiality of the Customer Data.
Data is hosted within the European Union, in France, by a professional hosting provider operating ISO 27001-certified data centers. All network traffic is encrypted using TLS 1.2 or higher. Data is backed up automatically on a daily basis, with backups retained for a minimum of thirty (30) days, enabling the Service to be restored in the event of an incident. The Publisher shall maintain these measures throughout the term of the contract and shall promptly inform the Customer of any significant change to its hosting infrastructure.
The Customer acknowledges that no information system can guarantee absolute security and that the Publisher's obligation in this respect is a best-efforts obligation.
Article 20. Confidentiality
Each Party undertakes to keep confidential all information of any kind disclosed by the other Party or of which it may become aware in connection with the contract, and to use such information solely for the purposes of performing the contract.
This obligation shall not apply to information already known to the receiving Party, that has entered the public domain through no breach, that has been independently developed, or whose disclosure is required by law. It shall remain in force for the entire term of the contract and for five (5) years after its termination.
Article 21. Limitation of Liability
The Publisher's liability under the contract is subject to a best-efforts obligation.
The Publisher shall in no event be liable for any indirect or consequential damages suffered by the Customer or any third party, even if it has been informed of the possibility of such damages. Indirect damages include in particular, without limitation: operating losses, loss of revenue, margin or profit, loss of customers, orders or contracts, damage to image or reputation, commercial harm, the cost of procuring substitute products or services, and the loss, alteration or corruption of data or files.
In any event, the Publisher's total aggregate liability, for all causes combined, in respect of one or more claims arising during any twelve (12) month period, is limited to compensation for direct and proven damages and shall not exceed the total amount, exclusive of taxes, actually paid by the Customer to the Publisher during the twelve (12) months preceding the event giving rise to the damage. By way of exception, in the event of a breach of the confidentiality obligation, a personal data breach attributable to the Publisher, a loss or alteration of Customer Data attributable to a breach by the Publisher of its security or backup obligations, or an infringement of an intellectual property right, this cap is increased to two (2) times the amount so defined, without exceeding the sum of two hundred thousand (200,000) euros.
The limitations and exclusions set out in this Article shall not apply in the event of fraud (dol) or gross negligence by the Publisher, personal injury, or where their application would have the effect of depriving an essential obligation of the contract of its substance.
As set out in Articles 6, 9, 10, 11 and 12, the Publisher shall not be held liable for the inaccuracy of the Customer Data, the Outputs produced from such Data, the decisions made by the Customer on the basis thereof, or the Customer's compliance with its professional, regulatory, accounting and tax obligations.
Article 22. Insurance
The Publisher represents that it holds professional liability insurance covering the financial consequences of its liability under the contract, with a reputable and solvent insurance company. It shall provide evidence thereof upon the Customer's request. The Customer likewise represents that it is insured in respect of its professional activity, including, where applicable, the mandatory statutory warranties attached to its work.
Article 23. Force Majeure
Neither Party shall be held liable for any failure to perform its obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts, including, without limitation, natural disasters, fires, epidemics, acts of terrorism, large-scale cyberattacks, widespread failures of telecommunications or energy networks and failures of a hosting provider.
Force majeure shall suspend the performance of the affected obligations. If the force majeure event continues for more than thirty (30) business days, the contract may be terminated by operation of law by either Party, without compensation to either Party.
Article 24. Subcontracting
The Publisher may use subcontractors to perform the Service, in particular for the hosting of Data and the interconnection with an Approved Platform. The Publisher remains liable for its subcontractors within the limits defined herein and ensures that they offer sufficient guarantees, in particular with regard to the protection of personal data.
Article 25. Commercial Reference
Unless the Customer objects in writing, the Publisher is authorized to mention the Customer's name and logo, as well as the nature of the collaboration, as a mere commercial reference in its communication materials. The Customer may withdraw this authorization at any time by simple written request.
Article 26. Assignment
The Customer may not assign or transfer the contract, in whole or in part, without the Publisher's prior written consent. The Publisher may assign or transfer the contract, in particular in the context of a reorganization, merger or sale of business, provided that it informs the Customer. In the event of a sale of its business, the Publisher undertakes to ensure the continuity of the Service for the Customer under equivalent conditions.
Article 27. Amendments to the Terms
The Publisher may amend these Terms. The Customer shall be informed of any amendment by any written means, in particular by email or by notification within the Service, with reasonable notice before its entry into force.
In the event of a material amendment that is unfavorable to the Customer, the Customer may terminate the contract, without penalty, within thirty (30) days of being informed, such termination taking effect on the date the new Terms come into force. Failing this, the amended Terms shall be deemed accepted. Amendments required by legal or regulatory changes shall apply automatically.
Article 28. General Provisions
Entire Agreement. These Terms and, where applicable, the Specific Terms constitute the entire agreement between the Parties with respect to their subject matter.
No Waiver. The failure of a Party to invoke a breach by the other Party shall not constitute a waiver of its right to invoke such breach at a later date.
Severability. If any provision hereof is held to be void, unlawful or unenforceable, the remaining provisions shall remain in full force and effect, and the Parties undertake to replace the provision concerned with a valid provision having equivalent effect.
Independent Parties. The Parties act as independent parties; nothing herein creates any partnership, agency or relationship of subordination between them.
Notices. Unless otherwise provided, notices are validly sent by email to the contact details provided by the Parties.
Evidence. The Parties agree that the connection logs, records and data retained by the Publisher shall constitute evidence between them of the operations carried out by means of the Service, unless proven otherwise.
Article 29. Governing Law and Jurisdiction
These Terms are governed by French law.
The Parties shall endeavor to settle amicably any dispute relating to their validity, interpretation or performance. Failing amicable resolution within thirty (30) days, the dispute shall be submitted to the competent courts within the jurisdiction of the Publisher's registered office, including in the event of multiple defendants, third-party warranty claims or summary proceedings. Between merchants, this jurisdiction clause is expressly accepted in accordance with Article 48 of the French Code of Civil Procedure; failing this, the ordinary rules of jurisdiction shall apply.
Publisher
REMI, a simplified joint-stock company (société par actions simplifiée) operating under the trade name "Argile", with a share capital of 1,449.54 euros, whose registered office is located at 20 rue Victor Basch, 94360 Bry-sur-Marne, France, registered with the Créteil Trade and Companies Register (RCS) under number 982 137 390, represented by its President, Mr. Pierre-Louis Guhur.
Intra-EU VAT number: FR31982137390. Contact: contact@argile.ai. Publication Director: Pierre-Louis Guhur.
Hosting Provider
Scaleway SAS, which hosts data in ISO 27001-certified data centers located in France, whose registered office is located at 8 rue de la Ville l'Évêque, 75008 Paris, France.
