Updated version: March 5, 2026
These General Terms and Conditions of Use (hereinafter "GTC") define the conditions under which:
The GTC constitute a contract between:
Clemz, published by SASU Clemz, with a share capital of €1,000, whose registered office is located at CS 48756, 58 RUE DE MONCEAU, 75008 PARIS, registered with the Paris Trade and Companies Register under number 938893203 Intra-community VAT number: FR23938893203
Contact email: bonjour@clemz.app (hereinafter "the Publisher" or "Clemz"),
and
the User, natural or legal person, professional or non-professional, who has created an account or subscribed to the Service (hereinafter the "User" or the "Client").
For the purposes of these GTC:
– "Consumer": any natural person acting for purposes which are outside their trade, business, craft, liberal profession or agricultural activity;
– "Non-professional": any legal person not acting for professional purposes;
– "Professional": any natural or legal person acting for purposes falling within the scope of their professional activity.
The mandatory provisions of the Consumer Code apply to Consumers and, where applicable, to Non-professionals when the law so provides.
Clemz is an independent SaaS software and is neither affiliated with, nor approved by, nor sponsored by Vinted or any other second-hand sales platform. Clemz remains the sole owner of its platform.
Clemz is not a cash register software or system within the meaning of Article 286 I-3° bis of the French General Tax Code and its purpose is not to record cash receipts. Clemz does not issue any certificate or attestation under the obligations applicable to cash register software/systems. The User remains solely responsible for identifying and complying with their tax and regulatory obligations, particularly if they are subject to the obligation to use compliant cash register software/system.
Some features of the Service may integrate artificial intelligence tools provided directly by Clemz or by third-party providers. These technologies are used exclusively in the context of Service execution.
In accordance with Articles L221-5 et seq. of the French Consumer Code, the Publisher communicates to consumer Users the mandatory pre-contractual information, including:
This information is accessible at any time before subscription on the clemz.app website.
The contract is concluded according to the chosen plan:
(i) Monthly subscription: open-ended contract with recurring monthly billing, which continues as long as the User does not terminate it in accordance with Article 7;
(ii) Annual subscription: fixed-term contract of one (1) year, automatically renewed for successive periods of one (1) year, unless terminated before the due date.
For Consumers and, where applicable, Non-professionals when the law so provides, Clemz sends the pre-renewal information under the conditions provided for by Article L215-1 of the French Consumer Code, when this mechanism is applicable.
The Service is subject to change, particularly through the addition of new features based on artificial intelligence technologies or automated data processing, without this modifying the essential nature of the subscribed Service.
These GTC are written in French. In case of translation, only the French version is authoritative between the parties.
Clemz is an online service (SaaS) allowing the User to access various optimization, analysis and management features related to their ads published on third-party platforms, including:
Some features of the Service rely on automated processing and artificial intelligence technologies. Generated content (including texts, suggestions or visuals) is provided for guidance purposes and remains under the exclusive responsibility of the User, who remains solely responsible for their use, modification or publication.
Access to features depends on the subscription plan chosen by the User: Tiroir, Placard, Dressing, Entrepôt, available as monthly or annual subscriptions whose details are communicated on the site at the time of subscription.
Use of the Service requires a stable internet connection and a compatible device (computer, tablet or smartphone). The Service is designed to work optimally with recent and up-to-date versions of Chrome and Edge browsers. The Publisher does not guarantee the operation of the Service on obsolete or atypical browsers, nor in case of configuration or technical environment not compliant with prerequisites.
It is the User's responsibility to verify the compatibility of their equipment with the Service.
The Service also requires the normal operation and accessibility of connected third-party platforms, particularly the Vinted platform. Performance, displayed data and features depending on these platforms cannot be guaranteed by Clemz, which does not control their operation, technical evolution, or availability.
Features based on artificial intelligence do not constitute professional advice nor a guarantee of commercial performance. They do not guarantee any results in terms of visibility, sales or compliance with third-party platform rules.
Clemz reserves the right to add, modify or remove features based on artificial intelligence technologies, to improve the Service or adapt it to technical and regulatory developments.
Access to the Service requires the creation of a user account, involving the provision of mandatory information:
The User is informed that certain data from their account or information they enter into the Service may be processed by features based on artificial intelligence technologies, exclusively in the context of Service execution.
The user undertakes to provide accurate, complete information and to keep it up to date. They are solely responsible for the consequences related to the communication of false, incomplete or outdated information.
The User remains solely responsible for the data, content, texts or images they submit to the Service, including when used in artificial intelligence features. They guarantee they have the necessary rights to the transmitted content.
They undertake not to transmit to the Service, and particularly via artificial intelligence features, sensitive data within the meaning of the GDPR or data whose transmission would be contrary to applicable regulations.
In the context of visual generation features, the User undertakes not to transmit images or content infringing on image rights, privacy or intellectual property rights of third parties.
Current prices for monthly and annual plans are displayed on the clemz.app website and are understood to include all taxes (TTC) for non-professional Users, and exclude taxes (HT) for professional Users. TTC prices for monthly and annual plans are displayed on the clemz.app website.
Prices may change. Existing subscribers are informed before renewal; they can cancel before the due date if they refuse the new price
Each subscription provides access to the features described on the website at the time of subscription. Some features based on artificial intelligence technologies may or may not be included depending on the subscription plan chosen, and may be subject to specific limitations (particularly in terms of usage volume or number of generations). Features may be modified at any time by the Publisher to improve the Service, without substantially reducing the essential features of the subscribed offer.
Features based on artificial intelligence may evolve, be improved, suspended or replaced according to technological, regulatory developments or conditions imposed by third-party technical providers, without this giving rise to compensation.
Prices, offers, discounts, promotional codes and, more generally, financial and/or subscription conditions displayed or applied at the time of subscription (including duration, frequency, scope, taxes, currency) may, exceptionally, be affected by a manifest error (including clerical error, configuration error, technical malfunction, bug, display error, or error originating from a third-party provider).
In the event of a manifest error resulting in the application of a price, discount, duration or manifestly inconsistent conditions (particularly a negligible price), Clemz may cancel the subscription concerned, after informing the User as soon as possible.
In this case, the User will be refunded any amounts already paid for the unexecuted period (and, where applicable, any overcharged amounts), and may, if they wish, subscribe again under the correct conditions.
This article applies without prejudice to the mandatory legal rights of consumer Users, particularly the right of withdrawal.
"AI Credits" are consumption units allowing access to certain features based on artificial intelligence technologies. AI Credits do not constitute electronic money, have no monetary value outside the Service, and are neither assignable nor transferable.
The User may purchase AI Credit packages at the price displayed at the time of purchase. Unless otherwise required by mandatory legal provisions (particularly the right of withdrawal for consumers), AI Credits are non-refundable and cannot be exchanged or converted.
Each AI feature consumes a number of AI Credits indicated in the Service at the time of use.
Clemz may modify at any time: (i) the price of AI Credit packages (for future purchases) and (ii) the number of AI Credits required for a feature (for future uses). Modifications do not apply retroactively to uses already made.
In the event of a significant increase in the number of AI Credits required for a feature, the User will be informed in advance by any appropriate means.
In accordance with Articles L221-18 et seq. of the French Consumer Code, consumer Users have a period of fourteen (14) days from the purchase of an AI Credit package to exercise their right of withdrawal.
The refund is made without undue delay and no later than fourteen (14) days from the date on which Clemz is informed of the withdrawal decision.
Payments are processed by the Stripe provider, to which the User provides their payment information. The Publisher never has access to the User's bank details.
Payment by professional Users – late payment
For professional Users, the price is payable in cash upon subscription and at each renewal, by card via Stripe.
In case of late payment (for example in case of unpaid and unresolved payment), late payment penalties will be due automatically from the day following the due date, at the rate of three (3) times the legal interest rate, as well as a flat-rate compensation for collection costs of forty (40) euros, without prejudice to any additional compensation if the costs actually incurred are higher.
Additional billing
Some features based on artificial intelligence technologies may be subject to usage limitations (particularly in number of generations or processing volume) or additional billing, if applicable specified on the website at the time of their activation.
Free trial
A free trial period may be offered. Its duration, functional scope and conditions (including eligibility, usage limitations and frequency) are indicated on the website at the time of activation.
Clemz reserves the right to modify, suspend or remove the free trial, as well as to refuse access or limit its use in case of abuse, fraud or circumvention.
At the end of the trial, access to the paid features of the Service may be interrupted in the absence of a paid subscription.
For the monthly subscription, payment is made monthly as long as the subscription is not terminated by the User. For the annual subscription, the subscription is automatically renewed at its annual due date, unless terminated by the User before the renewal date.
Upon renewal of the subscription, certain features based on artificial intelligence technologies may have evolved, particularly in terms of model used, performance, limitations or access conditions. These evolutions do not, in themselves, constitute a substantial modification of the contract.
In case of payment failure, the Publisher reserves the right to suspend access to the Service until regularization, without this suspension giving rise to compensation.
In case of subscription suspension, access to the Service (including artificial intelligence features) may be immediately interrupted.
The User can terminate autonomously, via their personal space in accordance with the terms provided in these GTC.
For consumer Users (and, where applicable, non-professionals when the law so provides), Clemz provides a free feature allowing termination by electronic means and confirms receipt of the request on a durable medium, within reasonable timeframes, specifying the contract end date and the effects of termination.
Termination:
Termination does not automatically delete the account, which the User can request at any time. Associated data is retained and deleted according to the deadlines and terms provided in Article 12 bis.
In case of account deletion, content generated by artificial intelligence tools and associated data are deleted or anonymized according to the terms provided in the privacy policy.
The right of withdrawal applies to Users who are consumers within the meaning of the Consumer Code. It may also apply, in cases provided by law, to certain professionals meeting the legal conditions.
In accordance with Articles L221-18 et seq. of the Consumer Code, the consumer User has a period of fourteen (14) days from the subscription to exercise their right of withdrawal.
To exercise this right, the User can:
Immediate execution before the end of the withdrawal period
Upon subscription, the User can expressly request immediate execution of the Service before the expiration of the withdrawal period.
If the User has expressly requested immediate execution of the Service and then exercises their right of withdrawal, they remain liable for the amount corresponding to the Service actually provided up to the date of withdrawal, calculated pro rata temporis of the subscription period.
In case of withdrawal, access to the Service is deactivated and content generated via artificial intelligence features may be deleted or made inaccessible, without this giving rise to compensation.
This article applies without prejudice to legal guarantees, particularly the legal guarantee of conformity applicable to digital services. It does not apply to refunds due under the right of withdrawal (Article 8) nor to those resulting from the implementation of legal guarantees applicable to digital services (Article 9 bis).
In case of proven malfunction attributable to Clemz and substantially affecting the Service, Clemz may offer, depending on the circumstances, a commercial gesture or a full/partial/prorated refund for the impacted period.
When a refund is granted, it is made without undue delay and, at the latest, within applicable legal deadlines.
Temporary unavailability or modification of artificial intelligence features resulting from a third-party technical provider cannot give rise to refund, except for prolonged unavailability substantially affecting the Service as a whole.
The consumer is entitled to the implementation of the legal guarantee of conformity in case of appearance of a defect of conformity during a period corresponding to the current subscription period (monthly subscription: one (1) month; annual subscription: one (1) year) from the provision of the digital service. During this period, the consumer is only required to establish the existence of the defect of conformity and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital service during the subscription period.
The legal guarantee of conformity gives the consumer the right to bring the digital service into conformity without undue delay following their request, free of charge and without major inconvenience to them.
The consumer may obtain a price reduction while keeping the digital service or may terminate the contract with refund, if:
The consumer is also entitled to a price reduction or contract termination when the defect of conformity is so serious as to justify it, without prior request for conformity.
In cases where the defect of conformity is minor, the consumer is only entitled to contract cancellation if the contract does not provide for payment of a price.
Any period of unavailability of the digital service for the purpose of bringing it into conformity suspends the remaining guarantee until the provision of a digital service that is once again compliant.
The consumer also benefits from the legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code), for a period of two (2) years from the discovery of the defect. This guarantee entitles to a price reduction if the digital service is kept or to a full refund against waiver of the digital service.
Clemz collects and processes data from the Vinted dressing strictly necessary:
No personal data is sold, rented or transferred to third parties.
Some artificial intelligence features may involve the use of third-party technical providers acting as subcontractors, in compliance with applicable data protection regulations.
Unless otherwise expressly indicated to the User, the User's personal data is not used to train artificial intelligence models for purposes external to the Service.
Clemz may retain and use aggregated and, where applicable, anonymized data for statistical, technical purposes or Service improvement, under conditions that do not allow User identification.
This anonymized data may also be used to analyze the overall performance of artificial intelligence features, without the possibility of identifying a User.
In the context of using the Service, the User may import, enter, synchronize or transmit information, data, texts, images and content (hereinafter "User Content"), particularly from third-party platforms.
The User remains the owner of their User Content. These GTC do not operate any transfer of ownership to Clemz.
To allow the provision and operation of the Service, the User grants Clemz, for the duration of Service use and worldwide, a non-exclusive, free, non-transferable license (except to its technical subcontractors) allowing:
The User guarantees having all necessary rights, authorizations and legal bases to transmit and exploit their User Content via the Service, including when used in artificial intelligence features.
The User undertakes not to transmit User Content infringing on third-party rights (particularly copyright, trademarks, image rights, privacy) or contrary to applicable regulations.
Content (texts, visuals, suggestions) generated via the Service's artificial intelligence features is provided for guidance purposes. The User remains solely responsible for their use, modification and publication, and ensures their compliance with third-party platform rules and applicable regulations.
Unless otherwise expressly indicated to the User, User Content is not used to train artificial intelligence models for purposes external to Service execution.
When the User requests the download of a shipping label via Clemz, Clemz collects and processes the information necessary for this download and the provision of the document.
However, the User remains solely responsible for the archiving and legal retention of these documents.
Clemz strives to ensure the availability of information, but cannot guarantee the complete retention of documents from third-party platforms, whose quality and sustainability it does not control.
When certain features based on artificial intelligence technologies process data relating to sales or shipping labels, these processes are carried out by Clemz as a technical provider, on behalf of the User and in accordance with the provisions of Article 12 bis and, where applicable, the DPA.
The User is responsible for:
The "accounting / tracking" pages and indicators offered by Clemz are provided as assistance and estimation and do not constitute bookkeeping or an accounting service.
Clemz is not certified accounting software and does not guarantee the accuracy or completeness of accounting calculations (revenues, margins, turnover, statistics).
Any suggestions, analyses or estimates generated by artificial intelligence features do not in any case constitute accounting, tax or legal advice and cannot replace the advice of a qualified professional.
In case of doubt, the User must verify their data with a competent professional or directly on the relevant sales platform.
Automated processing or analyses performed using artificial intelligence tools are provided for guidance purposes and may contain approximations, variations or errors inherent to the technologies used.
The User mandates Clemz to materially issue, as a technical provider, invoices in the name and on behalf of the User, based on information entered by the User and/or from connected third-party platforms.
The User acknowledges remaining solely responsible for: (i) the reality and legality of invoiced operations, (ii) the accuracy and completeness of information appearing on invoices, (iii) the compliance of invoices with applicable legal and tax obligations (mandatory mentions, VAT, numbering rules, retention/archiving), and (iv) the transmission of the invoice to their client.
Before any issuance and/or transmission of an invoice, the User ensures the accuracy of information (client identity, amount, VAT, dates, numbering, mandatory mentions) and the reality of the corresponding operation. Clemz does not perform any control of the reality of invoiced operations nor of the tax compliance of invoices, and cannot be held responsible for an invoice issued based on inaccurate, incomplete or fraudulent information provided by the User.
The User is prohibited from using the Service to issue accommodation invoices or invoices not corresponding to a real operation. Clemz reserves the right to refuse, suspend or disable invoice generation in case of reasonable suspicion of fraudulent or manifestly illegal use, and to request any useful supporting evidence.
Clemz does not act as a chartered accountant, certified accounting software, or approved electronic invoicing platform, and provides no guarantee of tax or accounting compliance. Clemz may suspend the Service in case of fraudulent or manifestly illegal use (particularly issuing invoices without real operation).
The User acknowledges and accepts that each invoice generated via the Service is issued at their request and under their validation, and constitutes acceptance of its issuance in their name and on their behalf.
When the User (particularly as a professional seller) transmits to Clemz data relating to their buyers, they guarantee that this transmission and more generally the processing of this data are lawful and comply with applicable regulations, particularly the GDPR, and that they have informed the persons concerned.
In this context, the User acts as data controller and Clemz acts as technical subcontractor, solely for the provision of the Service, in accordance with Article 12 bis and the DPA (Annex 2).
The User undertakes not to use the Service for unlawful processing (particularly prospecting or illegal profiling) on their buyers' data.
Clemz processes personal data in the context of Service execution in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.
In the context of Service provision, data may be hosted and/or processed within the European Union and, where applicable, outside the European Union by technical providers (hosting, payment, technical tools, etc.).
When data is processed outside the European Union, Clemz implements appropriate safeguards in accordance with Articles 44 et seq. of the GDPR.
The list of subcontractors (and, where relevant, their location) is made available in the privacy policy and may evolve.
Data related to the user account is retained for the duration necessary for Service provision and account management, including when the User no longer has an active subscription, unless deletion is requested, legal obligation otherwise or account deletion in accordance with the privacy policy.
Some features of the Service rely on automated processing, including where applicable artificial intelligence technologies. These processes are carried out in the context of Service execution and on User instruction.
Unless otherwise indicated, personal data is not used to train artificial intelligence models for purposes external to the Service.
Clemz implements appropriate technical and organizational measures to protect data, in accordance with Article 32 of the GDPR.
Data flows passing through artificial intelligence tools are subject to appropriate security measures, in accordance with the security principle provided in Article 32 of the GDPR.
Processing relating to User account data (account creation, billing, Service operation) is carried out by Clemz as data controller, in accordance with the privacy policy.
When data concerns professional Users' buyers, the User is responsible for their legality and acts as data controller. Clemz intervenes only as a subcontractor within the meaning of Article 28 of the GDPR.
When artificial intelligence features are used on buyer-related data, Clemz intervenes as a subcontractor and processes this data on documented instructions from the User, as resulting from the contract, features used and the DPA.
The User authorizes Clemz to use subcontractors necessary for Service provision. The list of subcontractors is kept up to date in the privacy policy. In case of substantial modification likely to have a significant impact, the User will be informed by any appropriate means.
The User acknowledges that the use of specialized artificial intelligence subcontractors may result in technical or organizational developments independent of Clemz's will.
Rights of access, rectification, erasure, objection and portability can be exercised at: bonjour@clemz.app
Unless legally required, Clemz does not respond directly to buyers and transmits, where possible, any request received concerning this data to the User acting as data controller.
When Clemz processes, on behalf of the User, personal data relating to buyers (or any other data subject) and the User acts as data controller, the Parties agree that the Data Processing Agreement (DPA) set out in Annex 2 forms an integral part of these GTC.
In case of contradiction between the GTC and the DPA, the DPA prevails for everything concerning subcontracting within the meaning of the GDPR.
Clemz's liability cannot be engaged, in particular, in case of:
Clemz aims to improve and facilitate sellers' work on third-party platforms such as Vinted, but Service performance depends directly on the operation and technical limitations imposed by these platforms.
Some features based on artificial intelligence technologies may depend on third-party technical providers. Clemz cannot be held responsible for evolutions, limitations, interruptions or modifications imposed by these providers.
Clemz does not guarantee any result, any increase in sales or any commercial performance on Vinted.
Clemz does not guarantee that content generated by artificial intelligence tools complies with third-party platform rules, applicable legal requirements or the User's specific expectations.
Clemz provides a digital assistance service for optimization and management of ads on third-party platforms, under the conditions provided herein. Clemz's obligations are without prejudice to mandatory legal provisions applicable, particularly for consumer Users.
Features based on artificial intelligence constitute automated assistance tools and cannot replace the User's human control, who remains solely responsible for validation, modification and publication of generated content.
Clemz nevertheless remains responsible in case of breach of its legal obligations, gross negligence or total non-performance of the subscribed Service, in accordance with applicable regulations.
The User acknowledges that certain features of the Service rely on automated processing and expressly accepts their use within the contractual framework defined in these GTC.
For professional Users, Clemz's total liability under these GTC, all causes combined, is limited to the amount actually paid by the User during the twelve (12) months preceding the triggering event. Clemz cannot under any circumstances be held to compensate indirect damages (particularly loss of operation, loss of turnover, data loss, loss of opportunity, commercial damage).
This limitation does not apply in case of fraud, gross negligence, or when prohibited by a mandatory legal provision.
The User acknowledges that Service operation depends on third-party platforms such as Vinted, whose rules, access, features and technical evolution Clemz does not control.
Clemz cannot guarantee the availability or sustainability of data made available by these platforms.
When content (particularly descriptions or visuals) is generated via artificial intelligence technologies and published on a third-party platform, the User remains solely responsible for their compliance with the rules applicable to said platform.
The User is solely responsible for compliance with Vinted's general conditions, particularly regarding message sending, ad modification or action automation.
Clemz cannot be held responsible in case of suspension, restriction or closure of the User's Vinted account resulting from non-compliance with their rules. This exclusion of liability also applies when suspension, restriction or closure of the account results from the use of content generated or optimized using artificial intelligence features offered by Clemz.
Evolutions of internal policies or technical rules of third-party platforms likely to affect the use of artificial intelligence features cannot engage Clemz's liability.
The User undertakes not to use the Service in a manner contrary to law, these GTC or likely to harm the proper functioning of the platform, particularly:
In case of violation of these restrictions, Clemz may, depending on severity:
In case of fraud, security risk, manifest abuse, or immediate legal or technical risk, Clemz may suspend access with immediate effect.
Clemz may suspend access to the Service with immediate effect in case of:
For other breaches of these GTC, Clemz may give the User formal notice (by email) to remedy the breach within a reasonable time given its nature and severity. Failing regularization, Clemz may suspend access to the Service and, if the breach persists, terminate the contract.
No refund is due in case of suspension/termination based on fraud, circumvention, manifest abuse, or serious breach.
In other cases, mandatory legal provisions applicable to consumers remain applicable.
Customer support is accessible by email at bonjour@clemz.app.
Clemz strives to respond to support requests within the best business delays, without time commitment.
Customer support is not intended to validate or correct content generated by features based on artificial intelligence technologies.
The entire Clemz Service, including in particular:
falls under the exclusive property of Clemz or its licensors.
Content generated via the Service's artificial intelligence features may be freely used by the User in the context of their activity, subject to respect for third-party rights and platform rules concerned.
Use of artificial intelligence features does not confer any intellectual property right to the User over the underlying models, algorithms or technologies.
Any reproduction, copy, modification, distribution, decompilation, disassembly, reverse engineering attempt or unauthorized exploitation of the Service is strictly prohibited.
It is particularly prohibited to attempt to extract, reproduce or train a competing model from generated content or the operation of the Service's artificial intelligence systems.
This prohibition applies subject to exceptions provided by mandatory applicable provisions, particularly those relating to interoperability.
Any violation may result in immediate suspension or termination of access to the Service, as well as possible civil and/or criminal proceedings.
Clemz strives to ensure a stable and available Service, within the limits of technical constraints.
Exceptional events independent of Clemz's will (major failures, network incidents, technical provider failures, including providers supplying artificial intelligence technologies, unavailability of third-party platforms, etc.) may disrupt access to the Service.
In these situations falling under force majeure or events independent of its will, Clemz's liability cannot be engaged. Clemz will strive to restore access to the Service within a reasonable time, when this depends on its means and subject to technical constraints.
The unavailability, suspension, substantial modification or cessation of an artificial intelligence model or service provided by a third-party provider may constitute an event independent of Clemz's will within the meaning of this article.
Legislative or regulatory developments relating to artificial intelligence technologies that may affect certain features of the Service may also constitute events independent of Clemz's will.
Any complaint must be sent by email to: bonjour@clemz.app.
In case of difficulty, the parties strive to seek an amicable solution before any legal action.
In accordance with Articles L612-1 et seq. of the Consumer Code, the consumer User may refer free of charge to a consumer mediator after prior written approach to Clemz.
Proposed mediator:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu – 75008 Paris
https://www.cm2c.net/
The mediator must be contacted within one year from the written complaint addressed to Clemz.
These GTC are governed by French law.
In case of mediation failure, any dispute relating to the execution or interpretation of these GTC will be submitted to the competent courts of Clemz's registered office jurisdiction, unless mandatory legal provisions otherwise applicable to consumers.
Temporary failure to enforce a clause does not constitute a waiver of the right to invoke it later.
If any clause of these GTC is declared null or unenforceable, the other provisions shall remain fully valid and continue to produce their effects.
The applicable version of the GTC is the one in force at the date of initial subscription or at the date of subscription renewal, as the case may be.
Clemz may modify these GTC to improve the Service, integrate new features or comply with applicable regulations, particularly in case of evolution of artificial intelligence technologies used or modification of the regulatory framework applicable to these technologies
Any substantial modification will be notified to the User by email and/or via a visible notification in the user space within a reasonable time before its entry into force. By exception, a modification may enter into force immediately when required to comply with the law, respond to an injunction, or prevent a security risk or major malfunction; the User is then informed as soon as possible.
In case of refusal of the new GTC, the User may terminate their subscription before the modifications come into force. Failing this, the new GTC will be deemed accepted.
(To be completed and returned only if the User wishes to withdraw from the contract.)
I hereby notify my withdrawal from the contract relating to:
This agreement governs the personal data processing carried out by Clemz (the "Processor") on behalf of the User (the "Data Controller") in the context of using the Service.
2.1 Purposes Service provision (ad management/optimization, messaging, documents, statistics), support, security, fraud prevention and operational maintenance.
2.2 Nature of operations collection, consultation, hosting, organization, use, export, deletion.
2.3 Data categories identification and contact data, data related to transactions/ads, messaging exchanges, delivery/label data, information appearing on generated documents (e.g. invoices) according to User choices.
2.4 Data subjects Account User(s), User's buyers/clients, message recipients, contacts.
2.5 Duration during the Contract period, then according to the restitution/deletion terms provided in article 10.
Clemz processes data only on documented instructions from the User, unless legally required.
The User guarantees having all necessary rights and legal bases (information of persons, processing basis, etc.) and assumes compliance of their processing.
Clemz ensures that persons authorized to process data commit to confidentiality or are subject to an appropriate legal obligation.
Clemz implements appropriate technical and organizational measures to risk (access control, logging, backups, encryption in transit when possible, logical separation, vulnerability management, etc.). Details may be described in a security policy or documentation made available.
6.1 General authorization the User authorizes Clemz to use sub-processors to provide the Service.
6.2 Information the list of sub-processors is kept up to date in the privacy policy (or a "Sub-processors" page). In case of significant change, the User is informed by any appropriate means. The User may raise objections for legitimate reasons related to data protection within fifteen (15) days of this information. If Clemz cannot reasonably satisfy the objection, the User may terminate their subscription without penalty from the date the change takes effect.
Clemz imposes on its sub-processors obligations at least equivalent to these.
If data is processed outside the EU/EEA, Clemz implements appropriate safeguards compliant with the GDPR (e.g. standard contractual clauses, additional measures if necessary).
Clemz assists the User, to a reasonable extent and given the nature of processing, to:
Clemz notifies the User as soon as possible after becoming aware, and provides reasonably necessary information to allow the User to meet their obligations (CNIL/person notification as applicable).
At the User's choice and according to available features: restitution of data and/or deletion of personal data processed on behalf of the User, subject to legal retention obligations. Backups may be purged according to reasonable retention cycles.
Once a year at most, the User may request reasonable information demonstrating Clemz's compliance with this DPA (e.g. measure descriptions, attestations, reports). Any on-site audit, if essential, is subject to: reasonable notice, confidentiality, impact limitation, and cost borne by the User.
In case of contradiction between this DPA and the GTC, the DPA prevails for matters relating to GDPR subcontracting.