Terms of Use – Scale Ova

1. Purpose

These Terms of Use (hereinafter the “ToU”) set out the terms of access to and use of the Scale Ova platform, available at https://scale-ova.ai and published by SAS MV GROUP, a simplified joint-stock company (société par actions simplifiée) with share capital of 10 euros, registered with the Sens Trade and Companies Register under SIRET number 991 674 805 00015, whose registered office is at 5b rue des Alouettes, 89100 Soucy, France (hereinafter the “Publisher”).

2. Acceptance

Registering for and using Scale Ova constitutes full and unreserved acceptance of these ToU. The user acknowledges having read them and undertakes to comply with them. A user who disagrees with all or part of these ToU must refrain from using the service. Scale Ova is a service intended for professionals. By registering, the user declares that they are acting for professional purposes, including to prepare the launch of their business.

3. Access to the Service

Registration for Scale Ova is free. The user can generate a store free of charge with the Ova AI assistant, within the limit of a trial budget. Access to generation requires a payment method to be registered beforehand, with no charge at that stage.

Publishing a theme to a Shopify store, and keeping it online, require an active paid offer: a subscription or a lifetime licence. Paid offers are described in the Terms and Conditions of Sale.

When the paid offer covering a store ends, the Scale Ova theme published on that store is blocked: visitors can no longer place orders on it. Themes, images and conversations remain stored under the conditions set out in the Privacy Policy, and taking out a new offer unblocks the store. The Publisher reserves the right to suspend or restrict access in the event of a breach of these ToU or of any abusive behaviour.

4. Authorised Use

The user is granted a non-exclusive licence to use the Shopify themes generated through Scale Ova. This licence allows the themes to be used on the Shopify stores the user manages, their own as well as those of their own clients, within the number of stores provided for by their offer and for the duration of that offer. The texts and visuals generated for the brand of the user or of their clients belong to the user, under the conditions set out in the Terms and Conditions of Sale.

It is strictly forbidden to:

• Resell, redistribute, lend or make available the themes, generated content or any other item provided by Scale Ova, whether free of charge or for a fee.
• Use Scale Ova in any way likely to infringe the rights of the Publisher, the security of the service or the rights of third parties.
• Attempt to gain unauthorised access to the servers, databases or any technical infrastructure of the service.
• Use the Ova AI assistant to generate unlawful, defamatory or discriminatory content, or content that infringes the rights of third parties.
• Claim intellectual property rights over content generated by Scale Ova or present it as the user's own original creation.

5. User Conduct

The user undertakes to:

• Provide accurate and up-to-date information when registering and whenever updating their profile.
• Not use Scale Ova for illegal or fraudulent activities or activities contrary to public morality.
• Comply with the limits of their offer (number of stores, AI budget).
• Not attempt to circumvent the security measures or technical limitations put in place by the Publisher.

6. Suspension and Termination

In the event of a breach of these ToU, the Publisher may immediately suspend or terminate the user's access, without notice or compensation. This measure does not prevent any action for compensation for the damage suffered by the Publisher.

7. Intellectual Property

Scale Ova, its source code, its algorithms, the Ova AI assistant, the base themes, templates and mock-ups, as well as the generated themes (Liquid code, CSS, structure and layout), remain the exclusive property of SAS MV GROUP. The user uses them under the non-exclusive licence set out in these ToU. The texts and visuals generated for the brand of the user or of their clients (store texts, product pages, images, logos) belong to the user: the Publisher claims no rights over this content and assigns it to the user to the fullest extent permitted by law. The Publisher uses conversations with the Ova AI assistant and generated content to analyse, adjust, improve and train this assistant. This use remains internal: this content is never published, shown or provided to other users, and the texts, visuals and layouts of a store are never reused for another. Any unauthorised reproduction, modification, distribution or use of Scale Ova or of the generated themes constitutes an infringement punishable under the French Intellectual Property Code.

8. Limitation of Liability

The Publisher strives to ensure the availability of the service but does not guarantee that it will operate free of errors or interruptions. The Publisher cannot be held liable for any direct or indirect damage resulting from the use of, or inability to use, the service, nor for problems related to Shopify, Stripe or any other third-party service.

9. Personal Data Protection

The Publisher undertakes to protect its users' personal data in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act (loi Informatique et Libertés). The terms of collection, processing and retention of data are detailed in the Privacy Policy, available on the website.

10. Force Majeure

The Publisher cannot be held liable for the total or partial non-performance of its obligations under these ToU if such non-performance is due to a case of force majeure as defined by Article 1218 of the French Civil Code, including in particular: natural disasters, fires, power or telecommunications failures, cyberattacks, government decisions, pandemics, or any circumstance beyond the reasonable control of the Publisher.

11. Modifications to the ToU

The Publisher reserves the right to modify these ToU at any time. Users are informed by email or by a notification on the website of any modification that restricts their rights. Continued use of the service after this information constitutes acceptance of the new ToU. Other modifications apply as soon as they are published.

12. Applicable Law and Jurisdiction

These ToU are governed by French law. In the event of a dispute, the parties will endeavour to find an amicable solution. Failing that, the competent courts of Sens (89) shall have sole jurisdiction, subject to the mandatory provisions applicable to consumers.

13. Contact

For any question relating to these ToU: contact@scale-ova.ai