These Terms of Use govern access to and use of the Modlizer website, platform, applications and related services (collectively, the Services). By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation.
1. Service provider
The Services are provided by MODLIZER, a French simplified joint-stock company (SAS) with share capital of EUR 100, registered under number 995 348 422 RCS Pontoise, with its registered office at 14 avenue de l’Europe, 95400 Villiers-le-Bel, France.
Contact: contact@modlizer.com.
2. Eligibility and accounts
You must have legal capacity to enter into these Terms. Account information must be accurate, complete and kept up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity performed through your account. Notify us promptly if you suspect unauthorised access or a security incident.
Account administrators may manage users, permissions, content and settings for their organisation. If your account is provided by an organisation, that organisation may control and administer it.
3. Use of the Services
Modlizer provides tools for creating and managing documents, workflows, electronic signatures, payments, appointments, contacts and client portals. Features may change over time and may depend on the selected plan, configuration or integrations.
You are responsible for ensuring that your use of the Services, including any documents, workflows and communications you create, complies with applicable laws, professional obligations and contractual requirements.
4. Acceptable use
You must not use the Services to:
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violate any law, regulation or third-party right;
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upload or distribute unlawful, fraudulent, defamatory, harmful or infringing content;
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impersonate another person or misrepresent your identity or authority;
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interfere with the integrity, security or performance of the Services;
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introduce malware, harmful code or automated traffic that places an unreasonable burden on the Services;
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attempt to gain unauthorised access to accounts, systems or data;
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reverse engineer, copy, resell or exploit the Services except where expressly permitted by law or written agreement;
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send unsolicited communications or process personal data without a valid legal basis.
We may investigate suspected violations and restrict or suspend access where reasonably necessary to protect users, third parties or the Services.
5. Customer content and data
You retain ownership of content and data that you or your authorised users submit to the Services (Customer Content). You grant Modlizer a limited, non-exclusive right to host, copy, process, transmit and display Customer Content solely as necessary to provide, secure, maintain and improve the Services and to comply with law.
You represent that you have all rights and permissions needed to submit and process Customer Content. You are responsible for its accuracy, legality, retention and disclosure to authorised recipients.
Personal data is processed as described in our Privacy Policy and, where applicable, any data processing agreement entered into with a customer.
6. Electronic signatures, documents and transactions
The Services may facilitate electronic signatures, document generation, payments and other transactions. You are responsible for determining whether a particular process or signature method is appropriate and legally sufficient for your purpose and jurisdiction. Modlizer does not provide legal, tax, accounting or financial advice.
Third-party payment, signature or integration providers may apply their own terms and privacy policies.
7. Fees and subscriptions
Certain features require a paid subscription. Prices, billing periods, included usage and applicable taxes are presented when you subscribe or in an order form. Unless otherwise stated, subscriptions renew automatically for the same billing period until cancelled before the renewal date.
Fees already charged are non-refundable except where required by law or expressly agreed otherwise. We may change pricing for a future billing period after providing reasonable notice.
8. Intellectual property
Modlizer and its licensors retain all rights in the Services, including the software, interfaces, designs, trademarks, documentation and underlying technology. Except for the limited right to use the Services under these Terms, no intellectual property rights are transferred to you.
If you provide feedback, you allow us to use it without restriction or compensation, provided that we do not identify you publicly without permission.
9. Third-party services
The Services may interoperate with third-party products or contain links to third-party websites. Modlizer does not control and is not responsible for third-party services, content, availability or data practices. Your use of them is governed by their own terms.
10. Availability and changes
We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. Maintenance, security events, technical failures or circumstances beyond our reasonable control may affect availability. We may modify, discontinue or replace features, taking reasonable steps to limit material disruption where practicable.
11. Suspension and termination
You may stop using the Services at any time and may cancel a subscription through the available account controls or by contacting us, subject to any applicable order form.
We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, or if required by law. Where appropriate, we will provide notice and an opportunity to remedy the issue. Upon termination, access ends and Customer Content may be deleted after the applicable retention period. You should export any content you need before termination.
12. Disclaimers
The Services are provided on an “as available” basis. To the maximum extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits rights that cannot lawfully be excluded, including mandatory consumer rights where applicable.
13. Limitation of liability
To the maximum extent permitted by law, Modlizer shall not be liable for indirect, incidental, special or consequential loss, loss of profits, revenue, data, business or opportunity arising from use of the Services.
For paid Services, Modlizer’s aggregate liability arising from the Services during any twelve-month period shall not exceed the fees paid or payable for the affected Services during the twelve months preceding the event giving rise to the claim. These limitations do not apply where liability cannot legally be limited, including in cases of fraud, wilful misconduct, death or personal injury caused by negligence.
14. Indemnification
To the extent permitted by law, business users agree to indemnify Modlizer against third-party claims resulting from their unlawful use of the Services, Customer Content, or breach of these Terms, except to the extent caused by Modlizer.
15. Changes to these Terms
We may update these Terms to reflect changes to the Services, law or business practices. The updated version will be published on this page with a revised “Last updated” date. If a change materially affects your rights, we will provide reasonable notice where required. Continued use after the effective date constitutes acceptance of the updated Terms.
16. Governing law and disputes
These Terms are governed by French law. Before initiating proceedings, the parties should attempt to resolve disputes in good faith by contacting contact@modlizer.com.
Subject to mandatory rules protecting consumers, disputes involving business users fall within the jurisdiction of the competent courts of Pontoise, France.
17. General provisions
If any provision is found unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; Modlizer may assign them as part of a reorganisation, merger or transfer of the Services. These Terms, together with any applicable order form and incorporated policies, constitute the agreement governing your use of the Services.
18. Contact
Questions about these Terms may be sent to:
MODLIZER
14 avenue de l’Europe
95400 Villiers-le-Bel, France
Email: contact@modlizer.com
Telephone: 06 20 24 33 27