Terms of Use – Scale Ova

1. Purpose

These Terms of Use (hereinafter "ToU") define the terms and conditions governing access to and use of the Scale Ova platform, accessible at https://scale-ova.ai, published by SAS MV GROUP, a simplified joint-stock company (societe par actions simplifiee) 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 located at 5b rue des Alouettes, 89100 Soucy, France (hereinafter "the Publisher").

2. Acceptance

Registration for and use of Scale Ova constitutes full and unreserved acceptance of these Terms of Use. The user acknowledges having read these ToU and undertakes to comply with them. If the user disagrees with all or any part of these ToU, they must refrain from using the service.

3. Access to the Service

Scale Ova is currently offered as a free service during its beta phase. All features, including the OVA AI assistant, are accessible to all registered users during this period.

At the end of the beta phase, paid subscriptions (Premium and Business) will be introduced. The Publisher undertakes to inform users of the activation date of the paid model within a reasonable timeframe, by email or notification on the site. Access to theme installation and maintenance features on Shopify will then be reserved for users with an active subscription. Trial tokens will allow users to discover AI generation features before subscribing.

The Publisher will inform users of the transition to the paid model within a reasonable timeframe. The Publisher reserves the right to suspend or restrict access in the event of non-payment, breach of these ToU, or any abusive behaviour.

4. Authorised Use

The user is granted a non-exclusive, non-transferable licence for the Shopify themes generated via Scale Ova, limited to the number of Shopify stores specified in their subscription plan.

The following are strictly prohibited:

• Reselling, redistributing, lending, or making available any themes, generated content, or any other materials provided by Scale Ova, whether free of charge or for consideration.
• Using Scale Ova in any manner likely to infringe upon the Publisher's rights, the security of the service, or the rights of third parties.
• Attempting to gain unauthorised access to the servers, databases, or any technical infrastructure of the service.
• Using the OVA AI assistant to generate unlawful, defamatory, discriminatory content or content that infringes the rights of third parties.

5. User Conduct

The user undertakes to:

• Provide accurate and up-to-date information during registration and when updating their profile.
• Refrain from using Scale Ova for illegal, fraudulent, or immoral activities.
• Comply with the limitations set by their subscription plan (number of stores, AI quotas, image credits).
• Refrain from attempting to circumvent the security measures or technical limitations implemented 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 prior notice or compensation. This measure does not preclude any action for damages suffered by the Publisher.

7. Intellectual Property

Scale Ova, its source code, algorithms, the OVA AI assistant, base themes, templates, mockups, and all content and tools made available remain the exclusive property of SAS MV GROUP. Any unauthorised reproduction, modification, distribution, or use constitutes infringement punishable under intellectual property law.

8. Limitation of Liability

The Publisher endeavours to ensure the availability of the service but does not guarantee error-free or uninterrupted operation. The Publisher shall not be held liable for any direct or indirect damages resulting from the use or inability to use the service, nor for any issues related to Shopify, Stripe, or any other third-party service.

9. Personal Data Protection

The Publisher is committed to protecting the personal data of its users in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act. The terms of data collection, processing, and retention are detailed in the Privacy Policy, accessible from the website.

10. Force Majeure

The Publisher shall not be held liable for any total or partial failure to perform its obligations under these ToU if such failure is due to an event of force majeure as defined by Article 1218 of the French Civil Code, including but not limited to: natural disasters, fires, power or telecommunications outages, cyberattacks, government decisions, pandemics, or any circumstances 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 will be notified of any material changes by email or by notice on the website. Continued use of the service after such notification constitutes acceptance of the revised ToU.

12. Applicable Law and Jurisdiction

These ToU are governed by French law. In the event of a dispute, the parties shall endeavour to reach an amicable resolution. Failing that, the competent courts of Sens (89) shall have exclusive jurisdiction, subject to mandatory consumer protection provisions.

13. Contact

For any questions regarding these Terms of Use: contact@scale-ova.ai