General Conditions of Sale
Company Identification
Company Name: Laurence Zimmermann, FractalMax EI
Registered Office: 66 avenue des Champs-Élysées, 75008 PARIS, 03 October 2018.
Registration Number: 801 407 452 in Paris
SIRET: 750 902 827 00013
Contact: [email protected]
Object
These General Conditions of Sale (GCS) govern the sale of digital products and subscriptions to an application providing personalized support through an AI coach.
By purchasing from our site fractalmax.com or the subdomains growth.fractalmax.com and community.fractalmax.com, the customer unreservedly accepts all of these terms.
Products and Services
We offer two types of distinct products and services:
Subscription to our Self-Coaching Application with AI Coach:The subscription grants access to our self-coaching application, which provides automated support through an AI coach. This AI coach is designed to assist users in personal development, (marketing, marketing tools, and upcoming AI topics) without any direct human intervention. The application is accessible on a computer via a web application, as well as on iOS and Android devices.
Before any purchase or subscription, it is the customer’s responsibility to ensure that the products or services meet their needs and are compatible with their devices and systems.
Non-Substitution Clause for Medical, Psychological, or Therapeutic Services:
The self-coaching application and AI coach do not constitute therapy, medical advice, psychological counseling, or professional treatment. They are intended solely for personal development purposes and do not replace medical, psychological, or professional health advice. If users have specific mental, psychological, or physical health needs, we encourage them to consult a qualified professional.
Digital Products:
We offer two categories of digital products:
Downloadable Products: These products (e.g., ebooks, guides, courses) are available for immediate download after purchase. Customers can save and view them without any link to the application subscription or the community.
Products Accessible in the FractalMax VIP Community: Certain digital products, such as online courses or exclusive resources, are directly accessible in our private FractalMax VIP community. Access to these products is automatically unlocked once payment is confirmed. These products remain viewable within the community and are not linked to the application subscription.
Pricing
Prices are indicated in euros (€), inclusive of all taxes.Prices may be modified at any time, but products will be billed at the rate in effect at the time of purchase. Any additional fees will be clearly indicated before payment confirmation. Once payment is confirmed, the customer receives direct access to the selected digital products.
Payment Terms
Full payment is required at the time of purchase for digital products and subscriptions. Payments can be made via Stripe, PayPal, and credit card. In case of payment issues or failures, we reserve the right to suspend access to the products and services until payment is received in full.
Third-Party Payment Platforms: For certain products, we may also use third-party platforms, such as Payhip and Gumroad, to facilitate payment. The choice of payment platform depends on the specific products and is determined by our company, with no option for customer selection.
Delivery of Digital Products and Access to the AI Coach
Digital products are available immediately after payment confirmation. For subscriptions that include access to the AI coach, users can access the application and its features as soon as payment is confirmed. In case of access difficulties, the customer is invited to contact our customer service for assistance.
Subscriptions
The subscription to the AI coach is available in various durations (e.g., monthly, annual, etc.) and is automatically renewed unless canceled by the customer. Customers may cancel their subscription at any time through their online account or by email. The cancellation will take effect at the end of the current period with no additional fees. Any changes to subscription rates or conditions will be communicated to the customer at least 30 days before renewal.
Right of Withdrawal
In accordance with Article L.221-28 of the Consumer Code, the customer has no right of withdrawal once the download of a digital product has begun or access to the application content, including the AI coach, has been activated with prior consent. Before confirming the purchase, the customer agrees to waive this right by checking a confirmation box.
Access to a Free Version of the Application
To allow users to explore the features of our self-coaching application, a free version is available. This demonstration version offers limited access with 4 interactions (or "chats") with the AI coach, allowing users to explore the functionality and options of the application before committing to a subscription.
User Conduct
We encourage our users to adopt respectful and appropriate conduct when using our application and interacting with the AI coach. The application must be used respectfully, following applicable laws and these general terms of use. It is prohibited to use the application abusively, maliciously, or in a manner contrary to good morals. Any attempt to manipulate, excessively or inappropriately use the AI coach, or exploit the application's features for unintended purposes may result in suspension or termination of access to the application without prior notice or refund.
Interactions Among Community Members
Users of the application can communicate and interact with other community members within the application. This space is reserved exclusively for application users and is designed to promote mutual support, sharing of experiences, and support within a respectful environment. We encourage all users to maintain a positive and constructive attitude in their interactions.
To ensure a safe and welcoming environment, any inappropriate or immoral behavior may result in the suspension or permanent closure of the user account and the loss of access to the application without refund.
Prohibited behaviors include, but are not limited to:
Harassment, insults, or offensive comments toward other members;
Sharing inappropriate, obscene, defamatory, or hate inciting content;
Spam or unwanted solicitations, including any form of unauthorized advertising or promotion;
Attempting to manipulate or exploit the application's features for unintended purposes;
Spreading false information or misleading content that could deceive other users;
Collecting personal information from other users;
Using the platform for illegal or unauthorized activities, including hacking, fraud, or spreading malicious software;
Creating multiple accounts to bypass suspensions or manipulate the community environment.
Depending on the severity of the behavior, legal action may be pursued.
Liability and Warranty Limitations
We are committed to providing products and services that conform to their descriptions and quality standards. We shall not be held liable for any misuse of the application, technical incompatibilities, or indirect damages. In the event of a confirmed dispute, financial liability is limited to the amount of the relevant purchase.
Force Majeure: We disclaim any responsibility for unforeseen events beyond our control (e.g., technical failures, weather conditions, etc.).
Intellectual Property
All content of digital products, including texts, images, logos, and software, is protected by intellectual property rights. Unauthorized reproduction or distribution is prohibited. Purchasing a product or subscription grants the customer a personal, non-exclusive, and non-transferable license for private use only.
Data Protection
We comply with data protection regulations, particularly GDPR. Our Privacy Policy details data collection, usage, and protection.
User Rights: In accordance with the law, users can exercise their rights to access, correct, and delete their data by contacting our customer service at info.
Miscellaneous Provisions
Modification Rights: We reserve the right to modify these GTCS. Changes will be communicated to customers before they take effect.
Severability: If any provision of these GCS is found to be invalid or unenforceable, the other provisions shall remain in effect.
Governing Law and Dispute Resolution
These GCS are governed by French law.
Amicable Resolution: In the event of a dispute, we encourage the customer to contact our customer service for an amicable resolution.
The customer may also refer to a consumer mediator if the disagreement persists.
Jurisdiction: Failing an amicable resolution, disputes fall under the jurisdiction of the courts of Paris (France).
Acceptance of GCS
By using our subscriptions or purchasing our digital products, the customer acknowledges having read and unconditionally accepted these General Terms and Conditions of Sale.
Acceptance of the GCS is confirmed at each purchase or subscription, indicated by checking a box before purchase confirmation.
GCS created on October 29, 2024
Updated:
Contacting us
If you have any questions, concerns, or complaints regarding this GCS, we encourage you to contact us using the details below:
Laurence Zimmermann, FractalMax® EI
66 Avenue des Champs-Elysées
75008 PARIS