Terms of sales

1. Preamble
1.1 CONSTELLACOM (the “Operator”, “Us”) operates the following brand, service and website:
- Readytoprint.ai, a web application for the compliance of files intended for printing.
(each a “Service”, or together the “Services”). The Operator develops and sells the software solutions available through each Service.

2. Purpose of the Contract
2.1. The purpose of this Agreement is the temporary, non-exclusive, fee-based provision of the Service software as a service pursuant to this Agreement by the customer (the “Customer”). The scope of performance and functionality of the Service is derived from the interface description that the Customer has received separately or from the description on the Service's “Pricing Page” (i.e. https://www.readytoprint.ai/).

2.2. The Service is only available over the Internet, and is therefore dependent on a functioning Internet connection. The system requirements for the operation of the Service can be found in the interface description under point 2.1 or on the Service Pricing Page. By using the Service, the Customer also accepts the relevant “General Terms of Use” for the Service (Ready to Print and Vectorizer: https://www.readytoprint.ai). In the event of any conflict between the Terms of Use and this Agreement, this Agreement shall prevail.

2.3. The creation of multiple accounts for the same person is not permitted.

3. Rights of use
3.1. The Customer acquires the non-exclusive right, limited in time to the duration of this Contract, to use the Service to the extent of the variant selected worldwide for internal or own use.

3.2. The extent of use (commercial or non-commercial) is based on the tariff chosen by the Customer. If the tariff chosen by the Customer so permits, the Customer may use, process or exploit the result of the Service (depending on the tariff chosen) commercially or non-commercially in any way whatsoever. In the case of non-commercial use, the Customer is prohibited from using the results of the Service for direct or indirect commercial purposes.

3.3. Transferring the Service for use by third parties or making it available in any other way to third parties, for example by renting it out, is not permitted.

3.4. Billing is by credits or subscription packages, which the Customer can obtain from “Stripe” (https://stripe.com/). Our ordering process is carried out by our online reseller Paddle.com. Paddle.com is the official merchant for all our orders. Paddle handles all customer service requests and returns.

3.5. When using the Service, the Customer has the right to process files for a value equivalent to the credits acquired (the equivalent value is based on the respective tariff). A file is considered processed when the Customer is prompted to download the result (regardless of whether or not the Customer downloads the file). If a Customer makes more than 20% unsuccessful requests (requests that cannot be processed), the Operator reserves the right to block access to the interface. Monthly subscriptions include a set of features and a maximum number of images that can be processed each billing cycle. Unused image credits expire at the end of a billing cycle. When using the Service, the Customer is entitled to process up to the number of images acquired. An image is considered processed when the Customer is invited to download the result (regardless of whether or not the Customer downloads the image).

3.6. The Operator grants the Customer a right of withdrawal of 30 days from the date of the Contract, unless the Customer has used the services (even in part). Use in accordance with point 3.5 also excludes withdrawal.

3.7. In addition to the restrictions set out in the General Terms of Use, use for the following purposes is prohibited: Artificial intelligence research/development (especially training data generation), military use, pornography, gambling/paris, terrorism, creation of “fake news”, use by organizations that conduct, encourage or require unlawful violence or physical injury to persons or property, or conduct, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin.

3.8. Protection of customer data: We do not use customer files to train our artificial intelligence models. All downloaded data remains strictly confidential and is used only to provide the services contracted by the Customer.

4. Availability
4.1. Higher availability must be agreed separately.

5. Customer's rights and obligations
5.1. The Customer undertakes to keep all access data to the Service (e.g. passwords, API keys) secret.

5.2. The Customer undertakes to refrain from any action that compromises the functionality or operation of the Service. In particular, the Customer is prohibited from taking any action that scans or tests weak points in the Service, bypasses the Service's security or access systems, or integrates malicious software into the Service.

5.3. The Customer warrants that he has all necessary rights (such as copyright, neighbouring rights, industrial property rights, trademark rights) to process the downloaded files.

6. Contract duration
6.1. This Agreement commences upon account activation and is for an indefinite term. If you choose to upgrade to a higher rate or plan, this will take effect immediately. If you choose to switch to a lower tariff or plan, this will take effect at the end of the monthly billing period. The minimum contract period (see point 6.2) starts again at the same time.

6.2. This Contract may be terminated by either party in writing by registered letter, subject to one month's notice, at the end of the respective accounting period. In addition, the Customer may cancel the Contract directly in the account in the “My Dashboard” section, subject to notice. Cancellation will take effect on the day following the last day of the accounting period. For the avoidance of doubt, if the Customer cancels his subscription in the account profile at any time, he can still use the product until the cancellation takes effect at the end of the billing period.

6.3. This Contract may be terminated by the Operator for just cause with immediate effect. In particular, the following shall constitute legitimate grounds
6.3.1. if the Customer violates the provisions of this Agreement and does not cease the conduct that violates the Agreement even after a written reminder within seven working days ;
6.3.2. if the Customer is insolvent or if insolvency proceedings are instituted in respect of the Customer's assets, or if an application to institute such proceedings is rejected for lack of sufficient assets to cover the costs;
6.3.3. if the Customer breaches point 5.3 or point 3.8 of this Agreement.

7. Terms of payment
7.1. When choosing a monthly plan, payment is automatically renewed each month until cancelled.

7.2. Taxes and duties relating to the current fee must be paid by the Customer. The Customer releases the Operator in this respect.

7.3. The Customer is activated as soon as the current fee has been paid. If the Customer defaults even by one day, the Operator is entitled to prohibit the Customer from further use of the Service and to cancel all services. This does not affect the Customer's obligation to pay the agreed fee.

7.4. The Operator reserves the right to charge a reasonable fee for reminders or late payment, at its sole discretion.

7.5. The Customer is not entitled to offset claims against the Operator unless such claims have been legally established by a court of law.

8. Warranty and liability
8.1. Any warranty concerning the results of the Service and its Availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is six months.

8.2. The Operator is not responsible for the speed of the Service, its Availability, the loss of data or the accuracy of the results. Furthermore, the Operator's liability is excluded unless the damage was caused intentionally or by gross negligence. This does not apply in the event of loss of life or damage to a person's health.

8.3. The Operator's liability is in any event limited to the amount paid by the Customer in current charges during the last 3 months prior to the event giving rise to liability.

9. Confidentiality and data protection
9.1. If the Customer is a private individual and the processing is carried out exclusively for personal and family activities, the Operator will process all personal data submitted by the Customer as data controller. If the Customer is a company and the Customer submits personal data, the Service's Data Processing Addendum will apply. By using the Service, the Customer accepts the Service Data Processing Addendum.

9.2 All other information on data protection is available to the Customer in the Services Privacy Policy (available at www.readytoprint.ai/privacy-policy).

10. E-mail marketing and advertising
10.1. If the Customer has signed up to receive marketing messages, the Customer may unsubscribe from receiving marketing messages by clicking on the “unsubscribe” link provided in such communications, or by sending an e-mail to the Service (by e-mail: [email protected]). However, you may not unsubscribe from Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to Service features, technical and security notices).

10.2. The Customer authorizes the Operator to use the Customer's name and logo to identify the Customer as a customer on the Operator's website and in its marketing materials in accordance with any branding guidelines or instructions provided by the Customer. The Customer authorizes the Operator to issue a press release announcing the Customer as a customer, provided that the Operator obtains the Customer's approval of the text of such press release prior to publication. Following an agreed press release, the Operator may use the content of the press release on the Operator's website and in marketing materials.

11. Final provisions
11.1. Any legal disputes arising from this Contract shall be governed exclusively by Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods, the referral norms of the Conflict of Laws Act and Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

11.2. The agreed place of performance is the Operator's registered office.

11.3. The exclusive jurisdiction for disputes arising out of or in connection with this Agreement shall be the competent court in Toulouse, France.

11.4. The Operator may modify this Agreement (and any policies or agreements referenced in this Agreement) at any time. We will post the most current version of this Agreement on the Service. We will provide you with reasonable notice of any changes to the Agreement that, in our sole discretion, materially affect your rights or use of the Service. We may provide such notice to you via the Service and/or by e-mail to the e-mail address associated with your account. By continuing to use the Service after the effective date of any revised Agreement, you agree to be bound by the new Agreement.

11.5 If individual provisions of this Agreement are void, unenforceable and/or invalid, this does not render the entire Agreement void, unenforceable and/or invalid. In such a case, the contracting parties undertake to agree on a provision which comes as close as economically possible to the objective pursued by the null, inapplicable and/or invalid provision to replace the null, inapplicable and/or invalid provision.