Condiciones de uso

These general terms of sale (hereinafter referred to as the "General Terms") represent the unique basis of the commercial relationship between the Parties in accordance with Article L.441-1 of the Commercial Code.

Their purpose is to define the conditions under which SMART ROLE, a simplified joint-stock company with a capital of 2,000 euros, registered with the Paris Trade and Companies Register under number 987831682, with its registered office at 1 Rue de Stockholm, Paris, 75008, France (hereinafter "Smart Role"), provides the client (hereinafter "Client") with the services described in Article 3 below (hereinafter "Services").

Smart Role and the Client are hereinafter collectively referred to as the "Parties" and individually as a "Party."

1. Legal notice

The website https://www.smartrole.ai/ (hereinafter the "Website") is published by:

SMART ROLE, a simplified joint-stock company with a capital of 2,000 euros, registered with the Paris Trade and Companies Register under number 987831682, with its registered office at 1 Rue de Stockholm, Paris, 75008, France.

Website host: GoDaddy.com, LLC, 2150 E Warner Rd, Tempe, AZ, 14806 242 505, https://www.godaddy.com

2. Scope

The General Terms aim to inform the Client of the terms of online ordering and delivery of the Services ordered.

The General Terms apply without restriction or reservation to all Services offered to Clients by Smart Role on the Website, regardless of any clauses that may appear in other documents.

Any order for Services implies the Client's full and unreserved acceptance of these General Terms.

The General Terms are made available to Clients on the Website where they can be directly consulted and can also be communicated to them upon request by any means.

The Client declares and acknowledges that they have received all the necessary and useful information to allow them to engage with full knowledge of the facts. The information provided on Smart Role's documentation is indicative and may be revised at any time. Smart Role has the right to make any modifications it deems useful, noting that the General Terms in force are those on the date of the order.

The Client declares having read these General Terms and accepted them by checking the box provided for this purpose before proceeding with the online order process. Validation of the order for Services by the Client constitutes acceptance without restriction or reservation of these General Terms.

3. Description of services

Smart Role offers SaaS-based training solutions tailored for customer support teams. Our platform leverages AI technology to deliver interactive modules, facilitating efficient onboarding, training, and ongoing development of agents. We cater to businesses of all sizes, providing customizable solutions to enhance agent proficiency and customer satisfaction. Our services aim to streamline training processes while optimizing performance in the realm of customer service.

Smart Role offers subscription plans whose execution modalities and characteristics are described on the Website.

The essential characteristics of each Service are described on the Website and updated by Smart Role. The technical sheet of a Service may contain descriptions, photographs, and graphics that are communicated only as suggestions and may be modified/updated on the Website by Smart Role.

Using the Website requires a device with internet access. This device and connection are not provided by Smart Role, and all expenses incurred by the Client to access the Website are exclusively borne by the Client.

The Website is accessible at any time and from any location, except during maintenance operations carried out by Smart Role, and this access is solely subject to an internet connection.

The Client is responsible for setting up the computer and telecommunication means to access the Website.

The Parties expressly agree that in the event the Website is inaccessible due to (i) maintenance operations carried out by Smart Role or (ii) difficulties related to the Website's host, Smart Role cannot be held liable in any way.

Access to the Website is free; however, certain Website functionalities are paid and reserved for Clients with a subscription.

The Services offered comply with French law at the time of the order.

The Services presented on the Website are offered for sale in the following territories:

Our services are sold globally, including but not limited to North America, South America, Europe, Asia, South Africa, and Australia. However, we do not offer our services in countries that are under international sanctions or trade restrictions, including but not limited to North Korea, Iran, Syria, and Cuba. We ensure compliance with all applicable laws and regulations regarding international trade and sanctions.

4. Client account

4.1 Creating the Client Account

The Client can create a client account (hereinafter the "Client Account") before or simultaneously with the purchase of Services online on the Website. The Client Account is a personal space made available to the Client and protected by secure access.

Creating the Client Account is free and does not in any way commit the Client to purchasing a Service.

The Client Account is created by the Client by providing the requested information, including their email address and a password.

The username and password chosen by the Client when creating their account are personal, confidential, and unique. The Client undertakes to keep their username and password secret and not to disclose them in any form. The storage, use, and transmission of their username and password are exclusively their responsibility. It is recalled that this information is Personal Data as defined in the Privacy Policy. In case of suspected non-compliant use of their Client Account, the Client undertakes to immediately inform Smart Role to change their password.

In any case, any order placed from a Client Account will be deemed to have been made by the Client in whose name the Client Account is referenced.

The Client undertakes to provide complete, accurate, and current information. They also undertake not to impersonate a third party or to hide or alter their age.

4.2 Client Account Features

The Client Account allows the Client to:

• Access and modify their registered payment methods;
• Access and modify their personal information;
• Contact Smart Role;
• Download and print their payment receipts and order details.

The Client can download and print the data associated with their Client Account at any time.

The Client Account is accessible from any internet-connected computer, via the Website.

5. Ordering services

To order one or more Service(s), the Client must add the Services available on the Website to their virtual cart (hereinafter the "Cart"). If they have not previously created an account, the Client can create their Client Account under the conditions defined in Article 4 above.

The Client must, in any case, check the Service(s) in their Cart. In case of an error in the Service(s), the Client can modify the Cart and return to previous Website pages to amend their order.

In case of prolonged inactivity of the Client on the Website, the availability of the selected and placed Services in the Cart is not guaranteed. The Client will then have to restart their selection, subject to the availability of the Services.

The Client must then choose one of the payment methods offered by the Website.

The Client must follow the instructions provided by the payment server to proceed with payment and validate the payment for their order.

The Client's order becomes firm and irrevocable by clicking on the "Pay Now" button or any similar button. From this moment, the Client can no longer modify their order and/or the provided information.

6. Order confirmation and tracking

The sale of the Service(s) becomes final upon the full payment of the order price by Smart Role and the sending by Smart Role of the order confirmation to the Client by email to the address provided by the Client.

All information provided by the Client at the time of the order and Smart Role's confirmation of the order registration will serve as proof of the transaction.

Smart Role undertakes to systematically confirm each Client's order by sending an email.

The Client undertakes to verify the accuracy of the order and immediately report any errors or omissions to Smart Role.

The Client is responsible for any error in providing an incorrect and/or incomplete email address.

7. Financial terms

7.1 Price

The indicated prices are firm and non-revisable during their validity period, and the Parties expressly waive invoking the provisions of Article 1195 of the Civil Code.

Depending on the country from which the Client accesses the Website, the prices displayed on the Website are expressed in the currency of that country, excluding tax.

Only the prices indicated in euros are fixed. All other prices are automatically converted into the chosen currency by the system, based on the euro exchange rate on the order date.

All transportation, delivery, order processing (shipping, packaging, parcel preparation, optional services subscribed by the Client), and other fees, interests, and commissions are indicated in the order summary and are established based on the location and delivery method selected by the Client and are the Client's exclusive responsibility. Any additional fees related to a specific request from the Client after the order will be the Client's exclusive responsibility and subject to additional billing.

Smart Role reserves the right to change the prices of the Services presented on the Website at any time.

In any case, the Services will be invoiced to the Client based on the price in effect at the time of order validation.

7.2 Payment Terms

The order is payable immediately by credit card, online only.

The order payment is due in full, and the Client cannot pay in installments.

The Client guarantees that they are the holder of the payment card used to pay for the order and that the names and surnames on the payment card are indeed theirs.

In case of payment by credit card, the Client will be asked to provide the payment card number, its expiration date, and the visual cryptogram of the payment card used.

If, for any reason, the Client cannot be debited for the amounts due for their order, the order will be immediately canceled, and Smart Role's liability cannot be engaged.

Any delay in payment of any amount due to Smart Role under these General Terms will automatically result, without prejudice to the provisions of the "termination for default" article and from the day following the payment date on the invoice, in the billing to the Client of late payment interest, due by the sole fact of the contractual term expiration, at a rate equal to three (3) times the legal interest rate, based on the amount of the unpaid debt at the due date and a fixed compensation of forty (40) euros for recovery costs.

8. Service availability

The Services are made available to the Client directly in their Client Account upon full payment of the price. They are usable by the Client as soon as they are made available.

Smart Role undertakes to make its best efforts to make the Services available as soon as possible. However, in case of a delay in making the Services available in the Client's Client Account, Smart Role's liability cannot be engaged.

9. Service unavailability

9.1 Before the Order

If one or more Services are partially or entirely unavailable on the Website, the mention "Unavailable" or any similar mention will be indicated in the Service description, and the Client will not be able to add it to their Cart.

9.2 After the Order

If one or more Services are partially or entirely unavailable after the Client has validated their order, they will be informed by email at the email address provided at the time of order, either (i) of the partial delivery of their order or (ii) of the cancellation of their order.

The Client will be refunded the price of the unavailable ordered Service within twenty (20) business days from their request.

10. Special offers

Smart Role reserves the right to offer Services subject to promotional offers. The original prices and promotional prices will be displayed, showing the percentage (%) reduction applied to the original price.

These Services are sold under the same payment terms, delivery times, and refunds as Services not subject to promotional offers.

It is possible to order several Services benefiting from a promotional offer in one order, and it is also possible to combine the purchase of one or more Service(s) benefiting from a promotional offer and one or more Service(s) not subject to a promotional offer.

11. Right of withdrawal

The right of withdrawal does not apply to clients who are professionals, except for service contracts or sales of goods concluded off-premises, whose object does not fall within the primary activity of the client company, and when the professional client employs no more than five employees.

12. Legal warranties

12.1 Principle

The implementation of legal warranties by the non-professional Client with Smart Role does not incur any costs for the Client.

The Client who wishes to receive a refund under the conditions defined below will be refunded by Smart Role within fourteen (14) business days from the return of the non-conforming Product.

12.2 Warranty Against Hidden Defects

In accordance with the provisions of Articles 1641 and following of the French Civil Code, the implementation of the warranty against hidden defects only concerns hidden defects in the Service purchased by the Client, which would prevent its normal use or affect it to such an extent that the Client would not have purchased it.

The Client cannot claim the benefit of the warranty against hidden defects for apparent defects that they could have noted at the time of purchasing the Service.

The Client has a period of two (2) years from the discovery of the hidden defect to bring an action against Smart Role.

The Client must provide proof by any means of the existence of the hidden defect and present all the necessary justifications to support their request.

The Client who wishes to implement the warranty against hidden defects may alternatively:

• Keep the Service and request a partial refund of the price from Smart Role;
• Return the Service to Smart Role and request a full refund of the price as well as the costs incurred by the sale.

13. Intellectual property

The Services are protected by intellectual property rights.

The availability of the Website does not imply any transfer of intellectual property rights of the Website and any of its elements, nor of the associated documentation, which remain the exclusive property of Smart Role.

The entire Website, including its structure, graphics, object or source codes, as well as the content (texts, videos, graphics, images, photographs, logos, button icons, software, audio files, and others, databases), is the property of Smart Role or their respective owners and is protected by intellectual property rights, including copyright and trademark rights.

The Website cannot be used for commercial purposes, except with the express written and prior authorization of Smart Role. Unauthorized framing or the creation of links to any services is prohibited. Commercial advertisements and other forms of solicitation may be removed from Client content without notice and may result in the termination of the Client Account.

Smart Role reserves all rights to the Website not expressly granted to the Client under these General Terms. Consequently, the Client is prohibited from using the Website for purposes other than those specified in these General Terms, without the express prior agreement of Smart Role.

Any distribution, reproduction, representation, or publication is not authorized outside of strictly personal use and provided that all possible means of identification and any medium of distribution, reproduction, representation, and/or publication recognize the property rights of Smart Role and/or its partners.

Subject to compliance with these terms, Smart Role authorizes the Client to access and use the Website exclusively for personal purposes.

The license thus granted to the Client is strictly personal, non-exclusive, limited, and revocable in case of non-compliance with these terms. Smart Role specifically draws the Client's attention to the fact that no transfer of intellectual property rights can be included in their use of the Website.

This is a limited, non-exclusive, non-transferable license that cannot be sublicensed, allowing the Client to download and install a copy of the Website on a mobile device or computer in their possession or under their control.

Unless otherwise specified below, it is strictly prohibited to perform or assist a third party in performing any of the following actions: (i) copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile, or disassemble the Website, including its Services and content, in any manner, or create derivative works from them; (ii) use any part of the Website, Services, or their content to create a tool or software that can be used to create software applications of any kind; (iii) make available to the public in any manner (sale, rental, loan, distribution, reproduction, etc.), free or for a fee, any part of the Website, Services, or their content; (iv) alter any part of the Website, Services, or their content or circumvent any technology used by Smart Role or its licensors to protect any content accessible through the Website, Services; (v) bypass security measures of the Website, Services, and access any unauthorized part or functionality of the Website, Services; (vi) use the Website, Services in a manner that violates this license agreement.

Any violation of the above may result in the Client's liability, without prejudice to Smart Role's right to unilaterally terminate the Client's Account.

14. Ownership and risks

14.1 Retention of Title

Notwithstanding the provisions of Article 1583 of the Civil Code, it is expressly agreed with the Client that the transfer of ownership of the delivered Services is suspended until full and effective payment of the price in principal, interest, taxes, and all ancillary costs.

If the price is not paid by the agreed due date, Smart Role expressly reserves the right to consider the sale resolved and to claim the said Services after a formal notice by registered letter or bailiff's summons that remains ineffective within thirty (30) days of their presentation.

As long as the Services do not belong to the Client, they are prohibited from disposing of them, particularly from pledging them, exchanging them, transferring them in ownership as security.

The Client therefore undertakes to inform their customers, professional resellers, of the existence of the retention of title clause on the Services and Smart Role's right to claim either the disputed Services or the price from their hands.

Notwithstanding the fact that the Client will only own the Services upon effective payment, the transfer of risks of the Services to the Client will take place under the conditions provided below.

The Client therefore undertakes to take all due care in the custody and preservation of the said goods.

The Client immediately informs Smart Role by any means ensuring perfect communication of any fact likely to compromise their ownership rights, in particular the opening of a safeguard, liquidation, or reorganization procedure, seizure, or any other conservatory measure.

All costs incurred by Smart Role in relation to the recovery of the Services under retention of title or their price will be exclusively borne by the Client.

14.2 Risks

The Services will be at the Client's expense, risks, and perils from their delivery to the carrier or their collection by the Client.

15. Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described in these terms, results from a case of force majeure as defined in Article 1218 of the Civil Code. The Party noting the event must immediately inform the other Party of their inability to perform their service and justify it to them.

Smart Role cannot be held liable to the Client for any lack of performance, unavailability, or failure of services, or for any failure or delay on their part to comply with these terms, if this lack of performance, unavailability, or failure is due to a cause beyond their reasonable control.

Smart Role disclaims all liability in case of unavailability of Services due to force majeure, total or partial disruption, strikes notably of postal services, means of transportation and/or communication.

16. Smart Role's liability

Smart Role's liability to the Client can only be engaged for acts directly attributable to it and causing direct prejudice linked to those acts.

Smart Role cannot be held liable in case of non-compliance with legislation outside the territory specified herein where the Services would be used.

Smart Role reserves the right to modify the information contained on the Website at any time and without notice.

Smart Role undertakes to describe as completely and accurately as possible the Services sold on the Website and to ensure the best possible conditions for updating this information. However, Smart Role cannot guarantee the accuracy and completeness of this information.

Consequently, Smart Role disclaims all liability for:

• Any damages resulting from fraudulent intrusion by a third party leading to a modification of the information provided;
• Any inaccuracies, errors, omissions regarding information on the Website;
• Any direct or indirect damages, whatever the causes, origins, nature, or consequences, caused by anyone's access to the Website or inability to access it, use of the Website and/or credit given to any information coming directly or indirectly from it.

Smart Role guarantees to the Client that the Services offered for sale on the Website do not, to its knowledge, infringe any third-party intellectual property rights. In any case, it is the Client's responsibility to notify Smart Role as soon as possible of any action and/or any formal notice they have received as a result of using the Services.

Subject to the application of public policy provisions preventing any limitation of the Company's liability, if the Company's liability is engaged, it would be limited under the conditions defined below:

Smart Role's liability can only be engaged in case of proven fault or negligence and is limited to direct damages, excluding any indirect damages of any kind.

Under no circumstances will Smart Role be required to compensate for non-material damages resulting or not from material damage such as, in particular, financial losses, including overheads, loss of profit, activity, contracts, income, customers, and production as well as any damage related to the Client's image.

Smart Role's liability cannot be sought for damages resulting from errors in documents or information provided by the Client.

The damages and interests that Smart Role may be required to pay to the Client are subject to the recognition of Smart Role's liability as a result of a final court decision. In any case, the damages and interests that may be due by Smart Role are limited to the price of the Service(s).

This limitation of liability clause is expressly accepted by both Parties.

17. Client's commitments

The Client wishing to fully benefit from the Website and proceed with the purchase of Services must have full capacity and act strictly for professional purposes.

The Client undertakes to use the Services in accordance with the applicable regulations and not to make inappropriate and immoral use of them.

The Client undertakes to pay the price under the conditions provided in these General Terms.

The Client undertakes to return the Services in a new, unused, intact state and carefully repackaged.

The Client also undertakes to find a solution allowing them to fulfill their obligations despite the case of force majeure as defined in Article 15 above.

The Client declares that they are the legal owner or holder of the intellectual property rights concerning all content provided and/or published on the Website.

The Client undertakes that the content published by them on the Website is lawful, does not violate public order and good morals, does not infringe the rights of third parties, does not violate any legislative or regulatory provisions, and generally, is not likely to engage Smart Role's civil or criminal liability; Smart Role will always have the possibility to turn against the Client and obtain full compensation for the damage Smart Role may have suffered.

18. Duration of the contract

This Contract takes effect upon its acceptance by the Client and is concluded until the delivery of the ordered Services to the Client, except for the provisions intended to continue beyond the contractual relationship between the Parties.

19. Termination of the contract

19.1 Complaint

The Client can address their complaints by registered letter with acknowledgment of receipt to the following address: 1 Rue de Stockholm, Paris, 75008, France; or by email to the contact email address provided on the Website.

19.2 Termination by the Client

The Client can terminate their Client Account or subscription(s) (if applicable) at any time by accessing the settings of their Client Account on the Website, respecting a notice period of at least forty-eight (48) hours before the end of the current period. Termination will be effective at the end of the current period.

19.3 Termination by Smart Role

Smart Role reserves the right to sanction any malicious behavior contrary to the commitments made by the Client under these terms by canceling their order and deleting their Client Account.

Smart Role reserves the right to suspend or terminate a Client's account in case of fraud, breach of an obligation under these terms, including but not limited to, the inability to debit the selected subscription amount at the agreed due date, unauthorized copying or downloading of audio or video content or any violation of the limited use license granted in connection with their access to the Services, or unauthorized sharing of the Client's account. In such a case, Smart Role must justify its decision and offer the Client the opportunity to present their observations before deciding to suspend or terminate the Client Account. Smart Role will not issue any refunds, and the amounts paid by the Client will be retained in full by Smart Role.

20. Personal data

For all information related to the processing of the Client's personal data by Smart Role, the Client is invited to consult the Privacy Policy available on the Website.

21. Disputes and applicable law

The Parties agree to attempt to resolve any dispute amicably before resorting to judicial proceedings.

All disputes arising from these General Terms, regarding their validity, interpretation, execution, resolution, consequences, and results, will be under the jurisdiction of the court of appeal of the Company's registered office.

By express agreement between the Parties, these General Terms and the purchase operations of the Services resulting from them are governed by French law. They are written in French.

The Parties acknowledge that they are the authors of all written exchanges between them and that these writings can be used as evidence by the other Party.

In case they are translated into one or more languages, only the French text will be authentic in case of dispute, and any translation will refer to the original French version.

22. Client acceptance

These General Terms are expressly agreed and accepted without reservation or restriction by the Client, who declares and acknowledges having perfect knowledge of them and, therefore, waives the right to invoke any contradictory document and, in particular, their own general purchasing terms, which will be unenforceable against Smart Role, even if Smart Role has known about them.

23. Miscellaneous provisions

23.1 The partial or sole exercise of a right, the failure to exercise or the delay in exercising a right, remedy, or power by either Party cannot constitute a waiver by that Party of the subsequent exercise of that right, power, or remedy under these General Terms or otherwise by that Party.

23.2 If one or more clauses of these General Terms are deemed null, illegal, or unenforceable by a competent court or authority, these clauses will be considered not part of the

23.3 This will not affect the enforceability of the other clauses of the General Terms or the validity, legality, and enforceability of the said clause in any other jurisdiction. The invalid provision will be replaced by a valid provision that most closely reflects the economic purpose pursued by the Parties.

23.4 Any reference in these General Terms to a legal provision or article must be interpreted as referring to that provision as amended, codified, re-enacted, or extended at the time of that reference and under French law.

23.5 The Parties undertake to always act as loyal and good-faith partners and to inform each other of any difficulties they may encounter in implementing these General Terms. Loyalty and good faith are essential elements in concluding these General Terms.

23.6 The Parties undertake, throughout the duration of the General Terms and for two (2) years after their expiration, to maintain the strict confidentiality of all information, data, and documents of any nature received or obtained from the other Party within the framework of the contractual relationship.