General Conditions of Use and Service of the Bopizy platform
Effective 03/02/2025.
Cancel and replace the previous ones where applicable.
Here are the general conditions of use and service of Bopizy. We are pleased with the trust you place in us and thank you for choosing our services.
Below are important legal terms that apply to all visitors to our website and to every user of our services. These terms are important to ensure your protection and ours, and to allow everyone to fully enjoy our services.
We have done our best to make these terms and conditions as clear and simple as possible. However, if you have any questions, please do not hesitate to contact us at support@bopizy.com
PREAMBLE
JFLT SAS, trading name: Bopizy, company registered under RCS number: 978 531 903 RCS Lille Métropole (hereinafter “Bopizy” or “We”) provides an online trading platform allowing merchants (hereinafter “Merchant(s)” or “You”) to sell online and promote their products or services (hereinafter “Product(s)”) to individual buyers (hereinafter “Buyer(s)”). Bopizy notably allows Merchants to offer online order taking with in-store collection of purchases (hereinafter “Click & Collect”).
Any service offered by Bopizy is designated in these General Conditions of Use and Service by the term “Service(s)”. Any new functionality or new tool that will be added to the current Services will also be subject to the General Conditions of Use and Service.
By using the Bopizy platform or one of its services, the Merchant agrees to submit to these General Terms and Conditions of Use and Service (hereinafter the "Merchant GTC") without restriction or reservation. This acceptance is materialized by a validation click when you register on the Service.
Bopizy reserves the right to modify these Merchant T&Cs. Any modification will take effect immediately upon notification to the Merchant, unless otherwise provided for in these Merchant T&Cs. Be sure to check from time to time to see if any changes have been made.
Sales made through the Service between Buyers and Merchants are governed by the General Terms and Conditions of Sale (hereinafter the "Merchant's GTC"). The drafting, updating and implementation of the Merchant's GTC are the sole responsibility of each Merchant. Bopizy cannot be held responsible for Merchant's General Terms and Conditions accepted by the Buyer upon each order confirmation.
The use of the Merchant's online store in the context of sales made through the Service between Buyers and Merchants are governed by General Terms and Conditions of Use (hereinafter the "Buyer GTC"), which are deemed to be accepted by the Merchant upon each order confirmation; they supplement these Merchant GTC which take precedence over the Buyer GTC in the event of any contradiction.
You may visit and/or use the Bopizy Services only if you unconditionally accept the Merchant Terms and Conditions and, by using and/or registering for one of the Bopizy Services, you express your informed consent to these General Terms of Use and Service. If you do not read, understand and/or accept the Bopizy General Terms of Use and Service, you must immediately leave the Bopizy site and cease all use of the Bopizy Services.
Furthermore, in the event of non-compliance with these Merchant General Terms and Conditions, Bopizy reserves the right to temporarily or permanently interrupt access to the Service for the Merchant concerned, by suspending or terminating these General Terms and Conditions under the conditions set out in section 6.
SECTION 1 – DESCRIPTION OF THE PLATFORM AND THE SERVICE
Bopizy provides an e-commerce platform that allows Merchants to build and customize Online Stores (hereinafter “Online Store(s)”), sell online and promote their products to individual Buyers, manage products, product availability, payments, order processing, in-store pickup or possibly delivery and interact with existing and potential Buyers. During the act of sale between the Merchant and the Buyer, Bopizy cannot be considered as a party or mediator. Indeed, Bopizy only provides the necessary infrastructure for this purpose to Merchants and Buyers.
When a Buyer purchases your Products, payments for those transactions will be processed by Stripe: a third-party payment service provider.
The services offered by Bopizy are intended to be accessible to as many people as possible by being as easy to use as possible, even without being a technology expert. As such, the Bopizy solution offers various assistance services, some of which use artificial intelligence in order to suggest information to facilitate the creation and customization of the online store. The Merchant remains responsible for verifying and amending this suggested information if necessary.
Depending on the subscription plan chosen and in order to simplify the management of online orders received by Merchants, Bopizy also provides the merchant with a connected tablet (hereinafter the “Bopizy Tablet”) allowing in particular the printing of orders confirmed by Buyers.
In order to facilitate the communication of the availability of the Click & Collect service to Buyers, the Merchant may purchase accessories enabling the communication of the service (hereinafter the “Communication Media”) directly on the website www.bopizy.com.
The products sold on the bopizy.com website are governed by the General Conditions of Sale of the bopizy.com website, which are accessible here:
https://www.bopizy.com/policies/terms-of-sale
SECTION 2 – CONDITIONS OF REGISTRATION AND USE OF THE ACCOUNT
To access and use the Services, you must create a Bopizy account (“Account”). To complete the Account creation process, you must provide the following information: your first and legal name, your primary business activity, the type of business (i.e. fixed, itinerant or both), your business/store name, your business address, a primary color and typography style to use to build your personalized online store, a valid email address and any other required information. Bopizy may reject your request to create or close an existing Account for any reason, in its sole discretion.
You must be at least 18 years of age, or at least the age of majority in the jurisdiction in which you reside and from which you use the Services, to open an Account.
You confirm that you receive any Service provided by Bopizy solely for the purpose of carrying out a professional activity and not for personal, family or domestic purposes.
To use the Service, you must log in using the username and password created when you opened your account. Your username and password are the sole and exclusive responsibility of the Merchant. We strongly encourage you to keep your User Account login details confidential as you will be solely and entirely responsible for all activities that occur on your Account or on your User Platforms (including any statements made therein and any commitments made therein), and for any damages, expenses or losses that may arise from such activities.
Only one person or entity may be the “Online Store Owner”. Bopizy will consider the person or entity that has access to the email address (used when creating the account or included in the account profile information if modified) as the “Account Owner” and “Online Store Owner”.
In order to prevent you from sharing your login details and password with third parties, we offer simplified and limited access to the Bopizy management interface secured by a 4-digit PIN code (hereinafter the “PIN Code”). This PIN code access allows you, without sharing your login details and password, to access the details of customer orders in order to be able to prepare them and validate their preparation. This PIN Code can be changed at your initiative at any time from your account. We strongly encourage you to only share this PIN Code with people you trust and to change it regularly - given that you will be solely and entirely responsible for all activities that take place on your Account or on your User Platforms, and for any damages, expenses or losses that may arise from these activities.
Bopizy cannot and will not be liable for any loss or damage resulting from your failure to maintain the security of your Account, password and/or PIN Code.
In the event of loss, misappropriation or fraudulent use of your identifier and/or password, the Merchant undertakes to immediately notify Bopizy.
SECTION 3 – FEES AND PAYMENT TERMS
To put your Online Store online and benefit from the Service, you will pay the Fees applicable to your subscription to the Service (hereinafter the “Subscription Fees”) as well as a commission on sales (hereinafter “Card Rates”). Collectively, the Subscription Fees and the Card Rates are referred to as the “Fees”.
Subscription to the Bopizy subscription is done online on the website www.bopizy.com and my.bopizy.com. Payment of the Subscription Fees is made by credit card. The subscription will be effective from the day of subscription and after providing a valid credit card. You must keep a valid credit card registered in your Account as a means of payment for all incurred and recurring Fees. Bopizy will invoice the applicable Subscription Fees based on the valid payment method that you authorize and will continue to charge the authorized payment method the applicable Fees until termination of the Services, and until all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and all other expenses are indicated in Euros, and all payments will be settled in European currency.
Depending on your choice, payment by credit card of the Subscription Fees can be made in one payment for the entire year or by monthly payment. In the case of a monthly payment, the Subscription Fees are paid in advance and will be collected every month on the anniversary date of your subscription. For example, if you subscribe on November 17, the collection will be made each month on the 17th.
In the event of failure to pay the monthly subscription by credit card, three reminder attempts will be made. If the payment is still not regularized, Bopizy reserves the right to suspend all services related to the Subscription. In the absence of payment after these three reminders, Bopizy may also suspend or terminate the Subscription.
Subscriptions are tacitly renewed on their anniversary date, unless the Customer requests termination or modifies the Subscription offer, as specified in Article 6.
SECTION 4 – FIRST MONTH OF SUBSCRIPTION FREE
Bopizy takes charge of and offers the Merchant the subscription fees for the first month of the latter's subscription. The countdown of the number of days of the first month of subscription offered starts on the first day of subscription to the Service.
The subscription fees for the first month of subscription are offered by Bopizy to the Merchant only for his first subscription. A Merchant who has already benefited from a first month of subscription offered will not be able to benefit from it again even in the event of interruption of his subscription.
If the offer subscribed to by the Merchant includes the supply of a Bopizy Tablet, the first month of subscription offered by Bopizy to the Merchant will cover the shipping and delivery time of the latter.
SECTION 5 – CHANGE OF SUBSCRIPTION PLAN
Any change to your subscription plan can be made directly online from your Account in the “My Subscription” section.
Case of change of the monthly Subscription formula:
For monthly Subscriptions, the Merchant may modify its offer at any time by subscribing to a new Subscription plan.
The new formula (rates and services) will take effect on the next billing date. Once the initial plan has ended, the Merchant will be able to benefit from the services of his new Subscription.
Any change request made less than one working day before the next billing date will be taken into account from the following billing (the following month).
Case of change of the annual Subscription formula:
For Annual Subscriptions, the Merchant may modify its offer only for an equivalent or superior formula. When subscribing to this new formula, the Merchant commits to a new period of one year from the date of modification.
Changing from an Annual Subscription plan to a Monthly Subscription plan before the end of the initial one-year commitment period will not give rise to any refund from Bopizy. However, a credit will be applied to the next monthly invoices and up to the pro rata of the unused annual subscription.
SECTION 6 – TERMS OF CANCELLATION OF A SUBSCRIPTION FORM
Any termination of a subscription plan (hereinafter “Cancellation of Subscription”) is done directly online from your Account in the “My Subscription” section.
An automatic email will acknowledge receipt of the Subscription Cancellation request.
Case of cancellation of the monthly Subscription formula:
For Monthly Subscriptions, the Merchant may cancel their Subscription at any time.
Cancellation of the Subscription and Services will take effect on the next billing date giving rise to the effective termination of the Subscription. Once the termination is effective, the Merchant's Online Store will be automatically unpublished. Once the Online Store is unpublished, Buyers will no longer be able to access the Merchant's Online Store and will no longer be able to place orders. However, the Merchant will still be able to access orders placed by Buyers before the date of unpublication of the Online Store in order to allow it to honor the preparation and delivery of the orders of said Buyers. The Merchant has the possibility to unpublish its Online Store itself and in advance directly from its Account.
We will retain the Merchant's online shop data for a period of 3 months. The Merchant may then reactivate it at any time during this period. After this period, the online shop and its data will be deleted, with the exception of data involving longer legal retention periods, such as Invoices.
The Merchant is required to return the Bopizy Tablet entrusted to him within a maximum of 14 days after the effective date of termination. After this period, a fixed amount of €199 excluding VAT will be charged to you for non-return of the Bopizy Tablet.
Case of termination of the annual Subscription formula:
The Merchant may at any time proceed to Cancel his Annual Subscription under the same conditions as for the monthly subscription. Thus, the Cancellation of his Annual Subscription will take effect automatically on the next billing date.
Similarly, if the Merchant wishes to unpublish his Online Store before the end of the contractual period in this case, and after having canceled his Subscription from his Account, he may unpublish his Online Store himself directly from his account. The termination of an annual Subscription before the billing date does not give rise to any reimbursement from Bopizy.
SECTION 7 – PROVISION OF THE BOPIZY TABLET
For the Bopizy Tablet made available to the Merchant according to the subscribed offer, Bopizy reserves the right to renew and update the Bopizy Tablet and its software free of charge in the event of a change to the Service which would make it incompatible.
The Bopizy Tablet is the exclusive, non-transferable and unseizable property of Bopizy and is made available to the Merchant for the sole purposes of the Contract. The Merchant has custody of the Bopizy Tablet for the duration of its subscription and must not in any way harm the physical, electrical and electronic integrity of the Bopizy Tablet.
The risk of deterioration, malfunction, loss or theft of the Bopizy Tablet is transferred to the subscriber upon receipt, excluding defects specific to the equipment. The Merchant must take out all necessary insurance with any authorized insurer to cover the risks associated with the possession and use of the Bopizy Tablet.
The Merchant must contact Bopizy as soon as possible to report the loss or theft of the Bopizy Tablet entrusted to him.
In the event of breakage or damage to the Bopizy Tablet entrusted to the Merchant by Bopizy, the Merchant must contact Bopizy as soon as possible to report the malfunction. A new Bopizy Tablet will be sent to the Merchant after payment of the replacement costs of €199 excluding VAT invoiced by Bopizy to the Merchant.
In the event of purchase of the Bopizy Tablet according to the offer subscribed to by the subscriber, the sale is governed by the General Conditions of Sale of Bopizy.com (hereinafter the “GTC of Bopizy.com”).
The equipment made available must be returned in the event of termination of the Subscription, in accordance with section 5.
You must return the Bopizy Tablet to us, in a condition suitable for resale, with all your personal data deleted, in their original packaging accompanied by all their possible accessories, instructions and documentation, no later than 14 days following the effective termination of your subscription, to the following address: Bopizy, 87 Rue du Fontenoy, 59100 Roubaix - France. This deadline is deemed to have been met if you return the Bopizy Tablet before the expiration of the 14-day period. The direct return costs are your responsibility.
If the Bopizy Tablet is not returned, you will be charged a fee of €199 excluding VAT.
SECTION 8 – SALE OF COMMUNICATION MEDIA AND ACCESSORIES
The Merchant has the possibility to purchase Communication Media and various accessories allowing it to communicate about the service to Buyers or simply allowing it to improve its Service conditions. The sale of its Communication Media and accessories are governed by the Bopizy.com T&Cs, accessible here: https://www.bopizy.com/policies/terms-of-sale
SECTION 9 – BUYER SERVICE FEES
In order to minimize the Costs borne by the Merchant, we charge a service fee to the Buyer (hereinafter “Buyer Service Fee” or “Service Fee”) each time the latter places an order on the Merchant’s Online Store.
The application of these Service Fees allows the Buyer to benefit from our Services in order to make possible, on a technical level, the transaction between the Merchant and the Buyer and thus to offer the Buyer the ability to including placing an order online with the Merchant, paying online, and downloading your receipt.
This invoicing of Service Fees by Bopizy to the Buyer cannot in any case make Bopizy responsible for the products sold on the Merchant's Online Store to the Buyer. Only the Merchant bears responsibility for the products offered for sale on its Online Store, the information contained therein and the quality of the service of preparation and delivery of the order.
During the act of sale between the Merchant and the Buyer, Bopizy cannot be considered either as a party or as a mediator. Indeed, Bopizy only provides the necessary infrastructure for this purpose to Merchants and Buyers.
Sales made through Bopizy between Buyers and Merchants are governed by the Merchant's T&Cs.
These Buyer Service Fees are billed directly to the Buyer, which gives rise to the issue of an Invoice between the Buyer and Bopizy.
The Service Fees are subject to VAT. The applicable VAT rate will be the one in effect on the invoice date. Bopizy will be responsible for remitting the VAT associated with the Buyer's Service Fees to the relevant tax authorities.
Bopizy reserves the right to modify the amount of the Service Fees at any time.
SECTION 10 – PAYMENT FLOWS AND CARD RATES
Payment of the amounts due by the Buyer during the transaction is made via the third-party payment service provider Stripe. In order to subscribe to Bopizy Services and the Subscription, the Merchant must create an account with Stripe and subscribe to the Stripe Connect service. Thus, for the collection of the amounts, the Seller unreservedly accepts the contractual conditions of Stripe Connect, available at the following address: https://stripe.com/fr/connect-account/legal#translation, and undertakes to comply with all of their provisions.
Bopizy reserves the right to refuse the sale of products made by a Merchant whose information requested by our partner Stripe has not been validated by the latter.
For each sale of the Merchant's Products through its online store to a Buyer, the Merchant is liable for a commission in the form of a Card Rate which may be composed of both a percentage commission and/or a fixed amount taken for each transaction between the Merchant and the Buyer.
These card rates may apply identically to all transactions between the Merchant and the Buyer or vary depending on the total amount of the order.
These card rates allow, among other things, to cover the variable fees paid by Bopizy for each transaction.
Card rates are quoted exclusive of tax but are subject to VAT. The applicable VAT rate will be the one in effect on the invoice date.
Bopizy reserves the right to modify the Card Rates at any time, subject to informing the Merchants with 30 days' notice.
The financial flows between the Merchant, Stripe and Bopizy are carried out as follows:
SECTION 11 – REFUND OF THE BUYER BY THE MERCHANT OR CANCELLATION OF THE ORDER AFTER CAPTURE OF THE ORDER PAYMENT AMOUNT
Any reimbursement made by the Merchant to a Buyer can only be made via the Bopizy administration interface allowing the merchant to manage their Online Store and their orders.
Bopizy will then credit the Buyer with the total amount of the order after deduction of the Buyer's Service Fees which remain due once the payment has been captured on the bank card.
A refund fee will be charged to the Merchant. This fee may be proportional to the total refund amount.
If the order is cancelled before the payment capture has taken place then the capture will be cancelled and no charges will be made.
SECTION 12 – BOPIZY’S RIGHTS
Bopizy offers various services or features, the availability of which may vary for all Merchants over time or by jurisdiction. We reserve the right to modify the Services or any part thereof at any time for any reason without notice, unless these Terms of Service or applicable law prohibit such modification.
Bopizy does not perform any prior control of the Content of the Merchants' Online Stores. Bopizy may, at its sole discretion, remove any Content, in particular if we determine that the published Content violates these general conditions.
Bopizy reserves the right to provide its Services to your competitors. We make no promises of exclusivity.
Bopizy reserves the right to ask you for any supporting documents (such as identity document, KBIS extract, etc.) to confirm ownership of the account. In the event of a dispute over ownership of the account, we reserve the right to temporarily suspend or deactivate the account as well as the publication of the Merchant's Online Store until the parties reach an agreement.
Any verbal or written abuse against Bopizy or any of its employees will result in the immediate termination of the Account without notice, resulting in the unpublication of the Merchant's Online Store. No refund from Bopizy or its partners will be made.
SECTION 13 – MERCHANT RIGHTS AND RESPONSIBILITIES
The Merchant, and not Bopizy, assumes responsibility for the Merchant's Online Store, the goods and services sold there and the customer relationship with the Buyer.
The Merchant undertakes to provide on its Online Store all legal notices, public contact details of its company, its refund policy, as well as its general terms and conditions of sale (Merchant's General Terms and Conditions).
You acknowledge and agree that the Bopizy Services do not constitute a marketplace, and that any sales contract entered into through the Services is directly between the Merchant and the Buyer. The Merchant is considered the seller of record for all products or services it offers through the Bopizy Services. As such, the Merchant is fully responsible for the creation and management of its Online Store, its content, and the goods and services it offers. This responsibility also covers all aspects of transactions between the Merchant and the Buyer, including, but not limited to: payment authorizations for purchases made, management of refunds and returns, provision of customer or commercial services, possible fraudulent transactions, mandatory legal communications, compliance with applicable laws and regulations, and resolution of actual or suspected violations of applicable legislation (including consumer protection laws in the jurisdictions where you operate).
The Merchant undertakes that its Online Store, its contents, as well as the goods and services it sells are truthful, accurate, complete and compliant with all applicable laws, regulations and third-party rights. To avoid any confusion, it is specified that Bopizy is neither the seller nor the official merchant and cannot be held responsible for the Merchant's Online Store or the products it sells to its Buyers through Bopizy's Services.
Any complaint relating to the Products (description, delivery, conditions of use, etc.) which is brought to the attention of Bopizy will be forwarded to the Merchant concerned, who will assume full and sole responsibility.
The Merchant undertakes not to offer on its online store, without this list being exhaustive: pornographic products and more generally products that offend public decency; pharmaceutical products; drugs of all types; tobacco; cigars; alcohol; CBD or cannabis-based products; weapons, weapons of war and ammunition; live animals; goods inciting hatred or discrimination; contact lenses; jamming equipment; any services or products providing support for illegal activities; illegal driving assistance devices; protected cultural objects and artifacts without a license; pyrotechnic devices and dangerous materials; offensive products and products from crime scenes; "miracle" products; illegal telecommunications devices; illegal products and products for receiving stolen goods; human bodies or parts of human bodies; services or products enabling hacking and cracking; government documents; devices or techniques for unlocking means of protection; unauthorized or counterfeit goods and goods; automobiles, automobile parts and other motorized vehicles, including, but not limited to, recreational vehicles, all-terrain vehicles and motorcycles; financial products; means of payment, stamps, money or any other form of physical or digital currency; notes, tickets; and in the broad sense dangerous products.
We insist on the fact that this list is not exhaustive, Bopizy reserves the right to reject your request to create or close an existing Account for any reason whatsoever, at its sole discretion.
The Merchant assumes full responsibility for the goods or services that it offers for sale via the Bopizy Services, including their description, pricing, fees and taxes applied, as well as any defects, mandatory legal communication, compliance with regulations, offers or associated promotional content. This includes in particular the obligation to ensure their compliance with the legislation and regulations in force.
You may not use the Services for any illegal or unauthorized purpose. When using the Services, you must comply with the laws in force in your jurisdiction, including those relating to copyright, as well as the laws applicable in the jurisdiction of your Buyer.
With regard to the Personal Data of its Buyers, the Merchant undertakes to respect and implement scrupulously and without any restriction our confidentiality policy and all of the rules defined by the GDPR.
The Merchant may consult and access this privacy policy directly from its online store as it is displayed and viewable by Buyers. The access link is located at the bottom of the main page (home page) of its online store.
It is the Merchant's responsibility to periodically check this Privacy Policy for changes.
Bopizy will decline all responsibility if the Merchant should fail to respect all or part of this confidentiality policy towards Buyers.
SECTION 14 – INTELLECTUAL PROPERTY OF CONTENT
Bopizy does not claim ownership of your Content, you retain ownership of the Content you provide through the Services (hereinafter “User Content”). However, you grant Bopizy a worldwide, non-exclusive, transferable, assignable, royalty-free license to host, use, distribute, modify, reproduce, display, translate and create derivative works from such User Content. This license allows Bopizy to operate, provide and promote its Services, and to exercise its rights or obligations in accordance with the Merchant Terms.
You warrant that you hold the necessary rights to your Content to grant this license and waive any moral rights relating thereto. You always remain the owner of the User Content imported into your Online Store, but their deletion or that of your Account does not cancel the rights or licenses necessary for Bopizy to respect its commitments entered into during the period of application of the Services. Bopizy reserves the right to review and delete, at its discretion, any User Content published on the platform and on your Online Store.
You grant Bopizy a similar license to use your names, trademarks, logos to operate and promote the Services. This license survives termination of the Terms if Bopizy needs it to fulfill its prior obligations.
You are not permitted to use Bopizy's trademarks, logos or registered names and their associated symbols without written permission. You must not use or register any keywords, domain names, email addresses or any other identifiers that include or resemble Bopizy's trademarks that are likely to cause confusion.
The Merchant T&Cs do not grant you any rights to Bopizy’s patents or other intellectual property.
SECTION 15 – PUBLISHER OF THE MERCHANT’S T&Cs
In order to simplify the creation of the Merchant's Online Store, Bopizy offers a service to help write the Merchant's T&Cs.
This sample T&C template is provided for informational purposes only and does not constitute advertising, solicitation or legal advice. By using this template, you agree to Bopizy’s disclaimer. We strongly recommend that you seek independent legal advice before publishing any policies or agreements based on this template. In all cases, please carefully review the information provided and adapt it to your needs by modifying, deleting or adding sections as necessary.
The information provided is intended for general use and may not reflect the most recent legal developments. Therefore, Bopizy does not guarantee its accuracy or completeness. Bopizy disclaims any liability for any action or inaction arising from the use of or reliance on this template. Furthermore, Bopizy assumes no responsibility for third-party content accessible through this information and does not necessarily endorse such content.
The use, access or transmission of these documents and the information contained therein, including links, is not intended to create and does not constitute an attorney-client relationship between Bopizy (or its legal advisors) and the Buyer or visitor. You should not rely on this information without consulting a qualified attorney in your jurisdiction (city, region or country).
SECTION 16 – ARTIFICIAL INTELLIGENCE SERVICE
In order to simplify the creation of an Online Store and the use of the administration interfaces of the Merchants' Online Store, Bopizy offers various assistance services, some of which use Artificial Intelligence technology (hereinafter “AI Service(s)”).
These AI Services enable the generation of text, image or other suggestions (hereinafter “AI Generated Content”).
The very nature of artificial intelligence (AI) technologies makes it difficult to fully control or predict the results and accuracy of the content they generate. Consequently, Bopizy cannot guarantee that AI-generated Content will meet your needs or expectations, or those of your Buyers. Bopizy disclaims any liability for the accuracy, completeness, relevance, legality, intellectual property rights, decency, quality, fairness or any other aspect of AI-generated Content. This includes, for example, cases where such AI-generated Content is related to medical, legal or financial contexts, or where it could infringe the rights of a third party, such as privacy or intellectual property rights.
Additionally, AI-generated Content is not proprietary: other Merchants using the AI Services may achieve the same or similar results as those generated by you.
As a result of which you must:
- Review AI-Generated Content: You are responsible for reviewing all AI-Generated Content before using, posting, transmitting, or displaying it. Make sure you are legally authorized to use it.
- Consider AI-generated Content as suggestions: AI-generated Content should be interpreted as suggestions. You are solely responsible for deciding whether it reflects reality, your point of view, meets your objectives and conveys the desired message.
- Accept Bopizy's neutrality: You acknowledge that AI-generated Content does not reflect the opinions or positions of Bopizy.
If you choose to use the Help Services and/or AI Services and decide to publish, transmit or display the generated content, it will be considered User Content. Bopizy does not claim any right to ownership of the AI-generated Content in the sense that the AI-generated Content does not contain any intellectual property belonging to Bopizy.
Bopizy may rely on third-party services to provide its AI Services. By using Bopizy’s AI Services, you acknowledge and agree to read and comply with the terms and conditions of the involved third-party AI services available at the following addresses:
Google Gemini: https://policies.google.com/terms?hl=fr
Open AI: https://openai.com/fr-FR/policies/terms-of-use/
Please note that these Third Party AI Services policies may change over time. It is your responsibility to stay informed and adapt to any updates.
SECTION 17 – PRIVACY AND DATA PROTECTION
Some Bopizy Services or features and also some services made available by third-party partners (such as Stripe or OpenAi) require or involve the sending, collection and/or use of certain personally identifiable or identifying information. In particular and in the context of accessing or using the Bopizy Services, Bopizy and these third-party partners may collect, use and access certain data relating to Merchants and Buyers, including the activities or browsing carried out by Merchants and Buyers via the Bopizy Services and/or the Merchants' Online Stores. We invite you to regularly read our Privacy Policy as well as the policies concerning each of these third-party partners, to obtain a description of this data collection and usage practices.
The Bopizy platform privacy policy is accessible at the following address:
https://www.bopizy.com/pages/politique-de-confidentialite-de-la-plateforme-bopizy
This privacy policy supplements the privacy policy of our commercial site Bopizy.com available at the following address: https://www.bopizy.com/policies/privacy-policy
SECTION 18 – LIMITATION OF LIABILITY AND WARRANTIES
We simply provide Merchants with a platform to manage their online e-commerce activities. The relationship between Bopizy and the Buyer is limited to making the transaction between the Merchant and the Buyer technically possible by offering the Buyer the possibility of making a purchase on the Merchant's Online Store with payment of their order online and downloading their receipt. The Merchant, and not Bopizy, assumes responsibility for the Merchant's Online Store, the goods and services sold there and the customer relationship with the Buyer. Bopizy does not guarantee or endorse the entities mentioned or accessible via its Services.
Bopizy undertakes to provide its Services within the framework of an obligation of means. However, Bopizy does not guarantee any particular result, in particular an increase in the clientele, sales or commercial development of the Merchant, these elements being the sole responsibility of the Merchant.
Bopizy's liability can only be incurred in the event of proven fault directly attributable to Bopizy, and in any event, any compensation owed by Bopizy will be limited to the amount paid by the Merchant for the Subscription concerned (one month for monthly Subscriptions and one year for annual Subscriptions). Indirect damages, such as loss of profit, loss of contract, loss of opportunity or damage to image, are expressly excluded.
To the fullest extent permitted by law in each applicable jurisdiction, Bopizy, its directors, officers, shareholders, employees, affiliates and/or agents will not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, including any damages resulting from (1) any error, inaccuracy or content posted via its Services; (2) any property damage or personal injury resulting from the use of the Services; (3) any unauthorized access to its servers or compromise of personal data; (4) any interruption or cessation of transmission of the Services; (5) events beyond Bopizy's reasonable control, including Internet outages, power outages, equipment failures, strikes, labor disputes, riots, health crises, insurrections, civil unrest, labor or material shortages, fires, floods, storms, earthquakes, explosions, natural disasters, wars, acts of terrorism, governmental actions, court orders, or the failure of a third party to perform.
We have taken the greatest care in providing our Services. However, to the extent permitted by law, our Services, as well as our Platform and its Features, are provided "as is" and "as available", without any promises, conditions, warranties or other terms of any kind. We have no obligation to correct errors (or bugs) or the effects of errors (including the recovery of lost data) or to provide technical support. This provision does not in any way limit the legal guarantees or rights which you may benefit from under applicable legislation.
No warranty is given regarding their compatibility with applicable systems, tools or regulations, nor their operation without defects or interruptions.
You acknowledge and accept the principle that these limitations of liability represent an agreement to allocate the risks inherent in the Services provided to you by Bopizy, and that these limitations will apply even in the event that Bopizy has been advised of the possibility of such liabilities.
You agree to indemnify and hold harmless Bopizy, its officers, directors, shareholders, employees, affiliates and agents from and against any loss, claim, demand, obligation or damage, including legal fees if we are sued or suffer damages due to your actions such as non-compliance with the Merchant T&Cs, copyright infringement, claims regarding content posted on your Online Store.
SECTION 19 – DISPUTE RESOLUTION AND JURISDICTION
These General Conditions of Use and Service are subject entirely and exclusively to French law.
Any dispute which may arise concerning the existence, interpretation and/or execution of these conditions of use must first be the subject of an attempt at amicable settlement.
In the absence of an amicable settlement, the most diligent party will refer the matter to the competent court.
SECTION 20 – GENERAL PROVISIONS
If one or more provisions of these Merchant GTC are deemed invalid, illegal, unenforceable or declared as such under a law, regulation or final decision of a competent court, the other provisions (or the unaffected part of the provision) will remain fully valid and will continue to produce all their effects.
The Merchant T&Cs, including any documents incorporated by reference, constitute the entire agreement between Bopizy and you and govern your use of the Bopizy Services and your Account, superseding any prior agreements between Bopizy and you (including prior versions of the Terms of Service).