Terms of Sale

Updated on: May 03, 2024

Article 1. Definitions

These General Terms and Conditions of Sale (hereinafter “GTC”) are offered by Galax-IA, a Simplified Joint Stock Company registered in the Trade and Companies Register of Paris, France.

Galax-IA owns and publishes the website www.galax-ia.xyz (hereinafter “the Site”). The Site is hosted by o2switch, located at Chemin des Pardiaux, 63000 Clermont-Ferrand, France.

For any questions or requests for information, the Customer is invited to contact Galax-IA via the contact form available at the following address: www.galax-ia.xyz/contact.

The Site offers the Customer (hereinafter “the Customer”) the opportunity to subscribe to a service that provides access to:

  • Galax-IA Solution: An interface on the Notion platform for prompt engineering, including dynamic tools for writing, customizing, and managing interactions with artificial intelligence technologies.
  • Complete Subscription: Access to a comprehensive suite of revolutionary tools, detailed tutorials, and personalized AI assistants, offering an enriching and personalized experience in the use of generative artificial intelligence.
  • Support and Training: Ongoing assistance and training sessions to help customers maximize the use of available technologies.

Specific Definitions:

  • Prompt engineering: The practice of designing and structuring instructions to steer the behavior of an artificial intelligence model.
  • Prompt: A request consisting of a series of keywords submitted to an artificial intelligence model, guiding the generation of appropriate responses in various forms: textual, visual, or analytical.
  • Notion: A platform used here for project management, writing, organization, and analysis of prompts that facilitates the integration of AI solutions in project management and content creation.

Before using the Site, the Customer must ensure that they have the technical and computer means to use the Site and subscribe to the Services on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the computer configuration of their hardware/equipment is in good condition and does not contain viruses.

Article 2. Application and Enforceability of the GTC

These GTC are intended to define all the conditions under which Galax-IA markets the services and products as offered for sale on the Site to Customers. They therefore apply to any order (hereinafter “Order”) of services and products placed on the Site by the Customer.

The Customer declares having read and accepted these GTC before placing their order.

The validation of the order thus constitutes acceptance of these GTC. These are regularly updated; the applicable GTC are those in force on the Site at the date of placing the order.

Any contrary condition imposed by the Customer would, in the absence of express acceptance, be unenforceable against Galax-IA no matter when it may have been brought to its attention.

The fact that Galax-IA does not take advantage of any provision of these GTC at any given time cannot be interpreted as a waiver to subsequently rely on any provision of said GTC.

Article 3: Subscription Order and Payment Terms

Subscription Order:

Galax-IA offers a subscription providing full access to its innovative solutions based on generative artificial intelligence. Customers can subscribe directly via the website www.galax-ia.fr.

The services are described and presented with the greatest possible accuracy on the site. However, minor variations in the content or presentation of the services offered do not engage the responsibility of Galax-IA and do not affect the validity of the subscription.

The Customer selects the desired subscription and can consult the summary of their order at any time via their customer area. Before final validation, the Customer must confirm their agreement with the GTC by checking the appropriate box, then proceed to validate their order by clicking on the dedicated button. An explicit mention such as “Order with obligation to pay” is displayed near the button to confirm that the Customer acknowledges their payment obligation.

Subscription Payment Terms:

The subscription is offered at a price of €9.99 incl. VAT per month, including all applicable taxes according to French legislation. Payments can be made through secure means such as credit card via Stripe. Full payment is made at the time of subscription.

Galax-IA ensures the total confidentiality of the customer’s banking information through the security protocols of the payment systems used.

The Customer guarantees to Galax-IA that they have the necessary authorizations to use the chosen method of payment during their subscription.

Galax-IA reserves the right to suspend or cancel access to subscriber services in case of non-payment, payment incident, or fraud or attempted fraud concerning the use of the site and the payment of a subscription.

Any request for reimbursement by the customer will be processed using the same method of payment used for the initial transaction unless the customer consents to an alternative method.

Article 4: Terms of Access to the Service

1. Access via Wolfeo:

1.1. The subscription to Galax-IA is managed through a sales funnel on the Wolfeo platform, accessible from the website www.galax-ia.fr. After confirming the subscription and processing the payment via Stripe, the Customer receives an email with all necessary information to access the services.

1.2. The Customer must have the necessary equipment for optimal access to the services, including a reliable internet connection, a modern web browser, and any software required to use interactive platforms.

1.3. Galax-IA is not responsible for access difficulties caused by external problems, technical deficiencies of the Customer’s equipment, or issues inherent to the Wolfeo platform.

2. General Conditions of Access:

2.1. Creating a user account on Wolfeo is necessary to manage the subscription. The Customer commits to providing truthful information when creating their account and to updating it in case of changes.

2.2. The Customer is responsible for the confidentiality of their login credentials and must notify Galax-IA immediately in case of unauthorized use of their account.

2.3. A violation of the access conditions may lead to the suspension or termination of access to the services, without prejudice to other legal rights of Galax-IA.

3. Support and Training:

3.1. Galax-IA offers ongoing support and training sessions included in the subscription to maximize the use of technologies. These resources are accessible via the website and Wolfeo.

3.2. Tutorials and user guides are available to facilitate the adoption and effectiveness of the tools offered by Galax-IA.

Article 5: Use of the Service and Delivery Terms

1. Subscriber Service:

  • Access for subscribers is digital and occurs via the Wolfeo platform. Access is generally immediate or occurs shortly after payment confirmation.
  • The customer receives an email from Galax-IA confirming that their subscription is active and ready to use.

2. Payment Terms and Order Confirmation:

  • The payment process and subscription confirmation are conducted through the sales funnel on Wolfeo. Confirmation of the subscription and access instructions are sent by email once the payment is made.
  • The subscription requires full payment at the time of subscription, with no deposit needed.

3. Flexibility Policy for Modifications and Cancellations:

  • Galax-IA allows customers to modify or cancel their subscription with a 72-hour notice before the renewal date to avoid billing for the next cycle.
  • Cancellations respecting this notice incur no additional fees, and modifications are made without penalty. Cancellations made less than 72 hours before renewal will result in billing for the next cycle.

4. Liability and Technical Limitations:

  • Galax-IA is not responsible for difficulties accessing services due to external problems, technical deficiencies of the customer’s equipment, or issues inherent to the Wolfeo platform.
  • In case of significant technical problems attributable to Wolfeo, Galax-IA commits to providing assistance to resolve these issues or to find an alternative solution for accessing the services.

Article 6: Content and Use of the Subscription Service

1. Purpose of the Service:

The subscription service of Galax-IA aims to provide tools and resources for leveraging generative artificial intelligence, particularly in content generation. Subscribers gain access to various databases of prompts and other generative resources, designed to enhance and facilitate content creation.

2. Usage Rights:

Subscribers, whether individuals or businesses, are authorized to use the tools and resources obtained through their subscription for their own needs, including for internal commercial purposes. However, redistribution, resale, leasing, or sublicensing of these resources without prior written permission from Galax-IA is strictly prohibited.

3. Intellectual Property:

All content, prompts, databases, and other resources provided as part of the subscription service remain the exclusive property of Galax-IA. Subscribers are prohibited from copying, redistributing, reproducing, or using these resources beyond the terms of their subscription without prior written permission from Galax-IA.

4. Limitations:

Although the subscription service of Galax-IA is designed to provide accurate and up-to-date information, it is not guaranteed that subscribers will achieve a specific level of skill or success. Results may vary based on individual engagement and other personal factors.

5. Updates:

Galax-IA reserves the right to update the content of the subscription service at any time to incorporate technological advancements, user feedback, or for any other relevant reason.

6. Liability:

Galax-IA cannot be held responsible for the actions or decisions taken by subscribers based on the information or resources provided. Furthermore, Galax-IA disclaims any liability for technical problems or service interruptions that may occur during the use of the platform.

Article 7: Duration and Termination of the Subscription

1. Duration of the Subscription:

Continuous Subscription: The subscription to Galax-IA is offered on a monthly basis and automatically renews each month from the initial subscription date, unless terminated by the client or by Galax-IA under the conditions described below.

2. Termination Conditions:

  • Termination by the Client: The client may terminate their subscription at any time. Termination must be carried out via the client area on the Wolfeo platform, with a 72-hour notice before the renewal date to avoid billing for the next cycle.
  • Termination by Galax-IA: Galax-IA reserves the right to terminate the subscription at any time in case of a breach by the client of the subscription conditions, including, but not limited to, non-payment. The client will be informed of this termination in writing, with the reasons detailed.
  • Consequences of Termination: Upon termination, access to the subscription services will be immediately suspended. The client must cease all use of the services and associated resources. All amounts due to Galax-IA up to the date of termination will remain payable.
  • Survival of Clauses: Certain clauses of these GTC will continue to apply after termination, including those concerning intellectual property, confidentiality, and payment obligations.
  • Refunds: In case of termination by the client, no refunds will be made for unused periods of the current month. Galax-IA will not charge additional fees after termination.

Article 8: Customer Service

For any inquiries, clarifications, or claims regarding the subscription to Galax-IA, or any other service provided, customers are encouraged to primarily contact our customer service. This allows our team to respond effectively and find a suitable solution.

The customer service of Galax-IA is available from 8 AM to 6 PM, Monday through Friday. To contact customer service:

Article 9: Legal, Commercial Guarantees and Service Evolution

1. Legal Guarantee of Conformity:

  • Galax-IA guarantees that the subscribed service conforms to the description provided at the time of subscription, in accordance with Articles L.217-4 to L.217-12 of the Consumer Code.
  • Customers have a period of two (2) years from the date of subscription to report any non-conformity.

2. Guarantee against Hidden Defects:

  • In accordance with Articles 1641 to 1648 of the Civil Code, the service is guaranteed against hidden defects that could make it unsuitable for its intended use.

3. Commercial Warranty and Updates:

  • Galax-IA commits to maintaining and updating the service to ensure its relevance and effectiveness. Updates are regular, their frequency and scope determined by Galax-IA according to technological developments and user feedback.

4. Flexibility and Service Evolution:

  • Galax-IA acknowledges that constant innovation is essential in the field of artificial intelligence. Accordingly, the company reserves the right to adapt, modify, or improve the service at any time to respond to technological advancements and the evolving needs of users.
  • Subscribers will be informed of any significant changes to the service that may affect their use or expected results.

5. Terms of Implementing Guarantees:

  • To enforce these guarantees, clients must contact Galax-IA using the indicated means, specifying the defect or non-conformity encountered.

6. Exclusions:

  • The guarantees do not cover defects and damages resulting from improper use or unauthorized modifications of the service by the client.

Article 10: Client Obligations

1. Professional Use of the Service:

The client acknowledges and agrees that the subscription service offered by Galax-IA is intended for professional use. Using the service for non-professional purposes is strictly prohibited unless expressly authorized by Galax-IA.

2. Compliance with the GTC:

The client commits to fully respecting the terms and conditions set forth in these GTC when using the service.

3. Compliant Use:

The client agrees to use the service in accordance with the instructions, guidelines, and limitations provided, including updates and modifications to the service.

4. Usage Restrictions:

The client expressly refrains from:

  • Using the service in an illegal manner or incompatibly with these GTC.
  • Reproducing, distributing, modifying, displaying, or selling any content, software, product, or service of Galax-IA without prior authorization.
  • Introducing viruses or any other malicious program into the services or on the platform.
  • Attempting to access the service, associated systems, or data of Galax-IA unauthorizedly.
  • Infringing on the intellectual property rights of Galax-IA.
  • Disparaging Galax-IA, its services, or its products on any communication medium.

5. Protection of Intellectual Property:

The client acknowledges that all content, tools, and services provided by Galax-IA are the exclusive property of the company and commits not to use them in an unauthorized manner.

6. Sanctions:

In case of non-compliance with the obligations outlined, Galax-IA reserves the right to take all appropriate measures, including the suspension or termination of the subscription, as well as any legal action necessary to protect its rights.

Article 11: Right of Withdrawal and Satisfaction Guarantee

1. Right of Withdrawal for Digital Services:

In accordance with current legislation, the right of withdrawal does not apply to contracts for digital content not supplied on a tangible medium if the execution has begun with the prior express consent of the consumer, who has also waived their right of withdrawal. Therefore, once the subscription is activated and the services are accessible, the client expressly waives this right.

2. Satisfaction Guarantee:

  • Galax-IA offers a 14-day satisfaction trial period starting from the activation of the subscription. If the client is not satisfied with the services provided during this period, they may cancel their subscription and request a full refund.
  • The client must notify Galax-IA of their dissatisfaction and request the cancellation of their subscription in writing (email or via the contact form on the site) within 14 days.

3. Refund Terms:

  • If the client complies with the conditions of the satisfaction guarantee and informs Galax-IA within the required time, a refund of the amounts paid for the subscription will be made within 14 days following the receipt of the refund request.
  • The refund will be made using the same payment method used for the initial transaction unless the client agrees to a different method.

Article 12: Liability

Galax-IA commits to providing high-quality services under optimal conditions. However, it cannot be held liable for non-performance or poor performance of the subscribed service due to actions of the client, a third party, or force majeure.

Galax-IA is not responsible for damages resulting from improper use of the services or failure to follow the provided instructions. It also cannot be held liable for the content of third-party sites linked from its site, nor for the availability of these sites.

Galax-IA disclaims all liability for technical disruptions, including problems receiving emails due to spam filters.

By accepting these GTC, the client acknowledges the limitations of liability which are an essential condition without which Galax-IA would not have contracted.

Article 13: Intellectual Property and Personal Data Protection

1. Intellectual Property:

  • All elements of this site, including tools, interfaces, databases, generative prompts, and the site itself, are protected by copyright, trademark law, designs and models, and/or all other intellectual property rights. These elements are the exclusive property of Galax-IA. All such rights are reserved worldwide.
  • The name, brand, logos, designs, stylized letters, figurative marks, and all signs represented on this site are and will remain the exclusive property of Galax-IA. Clients are authorized to use the resources for their internal needs only. Any reproduction, distribution, transmission, modification, or use of these resources for commercial purposes without prior written agreement from Galax-IA is strictly prohibited.

2. Collection and Processing of Personal Data:

  • Data Collection: While browsing the site, subscribing to a service, or during any interaction with Galax-IA, personal data may be collected, including, but not limited to, name, email address, postal address, and telephone number.
  • Purposes of Processing: The collected personal data are intended for the provision of subscribed services, customer relationship management, and, with the express consent of the client, the sending of newsletters and promotional offers.
  • Legal Basis for Processing: The processing of personal data is based on the client’s consent, necessary for the execution of the service contract, and/or necessary to comply with a legal obligation.
  • Security and Confidentiality: Galax-IA implements appropriate technical and organizational measures to protect personal data against loss, unauthorized use, disclosure, or modification.

3. User Rights:

  • Clients have extensive rights regarding their personal data, including the right to access, rectify, erase, restrict, oppose processing, and portability. They can exercise these rights by contacting Galax-IA via the means provided on the site.

4. Links to Other Sites:

  • The Galax-IA site may contain links to other sites that are neither edited nor controlled by Galax-IA. These links do not constitute an endorsement of these sites, and Galax-IA is not responsible for their content.

5. Cookies:

  • The site uses cookies to improve user experience. Clients can configure their browser to refuse cookies, although this may affect the site’s functionality.

6. Changes to the Data Protection Policy:

  • Galax-IA reserves the right to modify the policies on the protection of personal data. Clients are advised to regularly consult this section to stay informed of changes.

Article 14: Security

1. General:

Galax-IA places paramount importance on the security of transactions and client data. In this regard, appropriate technical and organizational measures are implemented to ensure the protection and confidentiality of personal data and transactions conducted on the Wolfeo platform.

2. Technical Measures:

  • Encryption: All financial transactions made via the services of Galax-IA are secured using SSL/TLS encryption technologies, thus ensuring the confidentiality of client banking information.
  • Secure Hosting: The Wolfeo platform, used for subscriptions, is recognized for its high security standards. Regular backups are also performed to prevent any data loss.
  • Protection Against Attacks: Proactive measures are in place to detect and counter attempts at attacks, such as Denial of Service (DDoS) attacks or SQL injections.

3. Organizational Measures:

  • Staff Training: The staff of Galax-IA is regularly trained in good cybersecurity practices and is required to adhere to the company’s privacy and security policies.
  • Limited Access: Access to sensitive client data is strictly limited to authorized personnel. Strict protocols are in place to ensure that only necessary personnel can access this information.
  • Regular Review: Security policies and procedures are regularly reviewed and updated to remain suitable in the face of evolving threats.

4. Client Commitment:

The client commits to not compromising the security of the Wolfeo platform. Any attempt at unauthorized access, fraudulent use, or disruption of the proper functioning of the platform may result in legal action.

5. Notification in Case of Incident:

In the event of a data breach, Galax-IA commits to informing affected clients as soon as possible and taking all necessary measures to minimize impacts and prevent future breaches.

Article 15: Force Majeure

1. Definition:

A case of force majeure refers to any external, unforeseeable, and irresistible event as defined by Article 1218 of the Civil Code and as determined by French court jurisprudence. This includes, but is not limited to: natural disasters, acts of terrorism, strikes by postal or transport services, server failures, interruptions or suspensions of telecommunication networks, power failures, epidemics or pandemics, acts of war, actions by civil or military authorities, fires, floods, earthquakes, riots, and any other situation beyond the reasonable control of Galax-IA.

2. Suspension and Notification:

The obligations of the parties shall be automatically suspended throughout the duration of the force majeure event. The party affected by a force majeure event will notify the other party within five (5) business days following the date on which it becomes aware of it. Both parties will then agree on the conditions under which the execution of the contract will continue.

3. Financial Consequences:

If the force majeure were to persist beyond a period of thirty (30) consecutive days, the client would have the option to terminate the ongoing subscription by registered letter with acknowledgment of receipt. However, the client acknowledges and agrees that they will not be entitled to any refund or compensation for services already used up to the date of the effect of the termination.

4. Resumption of Obligations:

Once the force majeure event has ended, the parties will endeavor to resume the normal execution of their contractual obligations as quickly as possible. Galax-IA will make all necessary efforts to restore full and functional access to the services.

Article 16: Modification of the GTC

1. How and When the GTC Can Be Modified:

  • Galax-IA reserves the right to modify these General Terms and Conditions of Sale (GTC) at any time, based on changes in its business activities, the offers provided, or legal obligations. Any modifications to the GTC will be applicable as soon as they are posted on the Galax-IA website. It is therefore the responsibility of the Client, before placing any order or subscribing to a service, to consult the latest version of the GTC available on the site.
  • The applicable GTC are those in force on the date of the order or subscription to the service. In case of a substantial modification of the GTC, Galax-IA commits to informing Clients with an active account or ongoing subscription, before implementing these new conditions.

2. Notification to Clients:

  • In the event of a substantial modification of the GTC, Galax-IA will notify Clients via email or through a notification on the website at least thirty (30) days before the new conditions take effect. If the Client disagrees with the modifications made, they have the right to terminate their contract or subscription before the effective date of the new conditions, without penalty. Continuation of the use of the services after the effective date of the new GTC will be considered as an acceptance of the new conditions.

Article 17: Nullity and Non-Waiver

1. Nullity:

If any provision of these General Terms and Conditions of Sale (GTC) is declared null or unenforceable under the law, regulations, or following a final decision of a competent jurisdiction, it will be deemed unwritten, and the other provisions will remain in force.

2. Non-Waiver:

The failure of Galax-IA to assert, at any given time, any of the provisions of these GTC or any of the rights described herein shall not be construed as a waiver of such provisions or rights in the future. This includes, without limitation, any failure of the Client to fulfill any of its contractual or legal obligations.

Article 18: Proof

The computerized records kept in the computer systems of Galax-IA under appropriate security measures will be considered proof of communications, orders, and payments made between the parties. The archiving of transactional documents, such as purchase orders and invoices, is carried out on a reliable and durable medium, suitable for production as evidence.

Article 19: Mediation and Dispute Resolution

1. Amicable Resolution:

In case of a dispute related to the interpretation or execution of these GTC, the Client is encouraged to first contact Galax-IA‘s customer service to attempt to resolve the conflict amicably.

2. Mediation:

If the parties do not reach an amicable resolution, the Client may choose to engage in mediation. Galax-IA will facilitate access to a recognized mediation service to meet the dispute resolution needs, in accordance with applicable legislation.

3. European Platform for Dispute Resolution:

  • The Client may also visit the European Online Dispute Resolution platform set up by the European Commission. This platform facilitates the independent resolution of online disputes between consumers and businesses in the European Union.
  • Platform address: https://webgate.ec.europa.eu/odr

4. Recourse to Justice:

If mediation is unsuccessful or if the Client prefers another form of resolution, the rules of the Code of Civil Procedure will apply. Disputes will be submitted to the competent jurisdictions.

Article 20: Newsletter

By ticking the designated box or by expressly agreeing to this end at registration or upon subscription, the Client agrees that Galax-IA may send them a newsletter at a frequency and in a form determined by the company, which may contain information related to its activities and offers.

When the Client agrees to receive marketing communications at registration or subscription, they also consent to receive offers for products or services similar to those subscribed to.

Clients may unsubscribe from the newsletter at any time by clicking on the link provided for this purpose, present in each newsletter.

Article 21: Telephone Solicitation Opt-out List

The Client may register for free on the BLOCTEL telephone solicitation opt-out list to avoid being telephonically solicited by a professional with whom they do not have an ongoing contractual relationship, in accordance with the law n°2014-344 of March 17, 2014, on consumption.

Registration is possible on the official website www.bloctel.gouv.fr.

Article 22: Applicable Law and Jurisdiction

1. Applicable Law:

These GTC are governed and interpreted in accordance with French law, without regard to principles of conflict of laws.

2. Jurisdiction:

Any dispute relating to the interpretation, validity, and consequences of these GTC and which could not be resolved amicably between the parties will be submitted to the competent courts within the jurisdiction of the headquarters of Galax-IA, notwithstanding plurality of defendants or warranty call.