Terms of Sale

Preamble

These Terms of Sale (hereinafter the "Terms of Sale") govern all commercial relationships between LONOGIC (hereinafter the "Seller") and any adult natural person subscribing to a paid subscription to the Lonovoice service (hereinafter the "Customer").

Any subscription implies full and unreserved acceptance of these Terms of Sale.

1. Seller identification

• Company name: LONOGIC
• Legal form: SAS with share capital of €2,500
• Registered office: 60 Rue François 1er, 75008 Paris, France
• French company register (RCS): Paris 981 963 424
• SIRET: 981 963 424 00016
• Intra-Community VAT number: FR90 981963424
• Legal representative: Florian SILOT, President
• Contact email: contact@lonogic.fr

2. Purpose

The purpose of these Terms of Sale is to define the conditions of sale, supply and payment of paid subscriptions to the Lonovoice Service, an online Text-to-Speech service available at app.lonovoice.com.

The conditions for using the Service are described in our Terms of Service.

3. Acceptance of the Terms of Sale

The Customer acknowledges having read these Terms of Sale before subscribing and declares that they accept them without reservation by ticking the box provided for this purpose during the payment process.

The Seller reserves the right to modify these Terms of Sale at any time. The applicable Terms of Sale are those in force on the date of the subscription or its renewal. Substantial changes will be notified to the Customer by email at least 30 days before they take effect.

4. Description of offers

Lonovoice offers a Free plan as well as three paid subscription plans, the detailed characteristics of which (character quotas, number of generations, options) are set out on the Pricing page:

• Free — €0 (free, no credit card): 2,000 characters / month, 500 characters / generation, 10 generations / 24 h, 3 voices only, FR + EN languages, no MP3 download, no commercial license, audio watermark added at the end of every file, automatic 24-hour file purge.
• Starter — €9.99 incl. VAT / month
• Pro — €19.99 incl. VAT / month
• Premium — €39.99 incl. VAT / month

Each paid plan is also available as an annual subscription benefiting from a 20% discount indicated on the Pricing page.

The Free plan is not a commercial service: it is a free evaluation access subject to the limitations described above and to Article 21 below. These Terms of Sale therefore only apply to paid subscriptions. The use of the Free plan is solely governed by our Terms of Service.

The Seller reserves the right to modify the content of the offers and prices at any time. Any price change will be notified to the Customer at least 30 days before its application and will only apply from the next renewal.

5. Prices and payment

Prices are displayed in euros, including all taxes, including French VAT at the rate in force.

Payment is made by credit card (Visa, Mastercard, American Express) or SEPA direct debit, via the secure payment platform Stripe (Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin D02 H210, Ireland). The Seller does not store any of the Customer's banking details.

Payment is due at the time of subscription for the first month (or first year) and on each renewal date for subsequent periods.

6. Invoicing

An electronic invoice compliant with French regulations is issued automatically by our service provider Stripe at each due date and made available to the Customer in their personal area as well as by email. No paper invoice is sent.

The Customer is responsible for the accuracy of the billing information they provide.

7. Duration and tacit renewal

The subscription is taken out for a duration of one (1) month or one (1) year, depending on the chosen plan, from the date of subscription.

In accordance with Article L.215-1 of the French Consumer Code, the subscription is tacitly renewed for successive periods of the same duration, unless cancelled by the Customer in accordance with Article 8 below.

For annual subscriptions, before each due date and at the earliest three (3) months and at the latest one (1) month before the term, the Seller will inform the Customer by email of the option not to renew their subscription.

8. Cancellation by the Customer

The Customer may cancel their subscription at any time, free of charge and without justification, directly from their personal area or by sending an email to contact@lonogic.fr.

Cancellation takes effect at the end of the current billing period:

• Monthly subscription: the Customer retains access to the Service until the end of the current month. No prorated refund is made.
• Annual subscription: the Customer retains access to the Service until the end of the current year. No prorated refund is made.

The audio files generated by the Customer remain accessible for the duration of the subscription and can be downloaded at any time.

9. Cancellation by the Seller

The Seller reserves the right to immediately terminate or suspend any subscription, without notice or compensation, in the event of:

• Total or partial non-payment of the subscription
• Serious breach by the Customer of their contractual obligations or the Terms of Service
• Fraudulent, abusive or illegal use of the Service
• Generation of content contrary to public order, morality or third-party rights

10. Right of withdrawal

In accordance with Article L.221-28, 1° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not delivered on a tangible medium whose execution has begun with the consumer's prior express consent and their express waiver of their right of withdrawal.

By subscribing to a Lonovoice subscription, the Customer:

• expressly requests that the execution of the Service begin immediately, before the expiry of the 14-day withdrawal period;
• expressly waives their right of withdrawal for the supply of the Service.

The Customer is informed that no refund may be obtained after the subscription, outside the legal cases of warranty of conformity or hidden defect.

11. Intellectual property of generated content

The audio files generated by the Customer from their own text via the Service are the exclusive property of the Customer, who holds all exploitation rights over these files, including for commercial purposes, without limitation of duration, territory, broadcast medium or number of broadcasts, and without any additional royalty payable to the Seller.

The Customer warrants that they hold all intellectual property rights over the text they submit to the Service and remain solely responsible for the content they generate and the use they make of it.

The Customer indemnifies the Seller against any third-party action based on the submitted text or the use of the generated audio files.

12. Legal warranties

The Customer benefits from the following legal warranties provided by the French Consumer Code:

• Legal warranty of conformity (Articles L.217-3 et seq. of the French Consumer Code): the Seller undertakes to provide a Service that conforms to the characteristics described on the Pricing page and to remedy any non-conformity within a reasonable time of being notified.
• Warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

To invoke these warranties, the Customer can contact us at contact@lonogic.fr.

13. Limitation of liability

The Service is provided "as is". The Seller undertakes to use reasonable efforts to ensure the availability and quality of the Service, without however guaranteeing uninterrupted availability.

The Seller cannot be held liable for:

• interruptions due to scheduled maintenance operations or cases of force majeure;
• indirect damages suffered by the Customer (loss of revenue, damage to image, etc.);
• content generated by the Customer via the Service;
• misuse of the Service by the Customer.

In any event, the Seller's liability is capped at the total amount actually paid by the Customer during the twelve (12) months preceding the event giving rise to liability.

14. Force majeure

The Seller cannot be held liable for any delay or non-performance of its obligations resulting from a case of force majeure as defined by Article 1218 of the French Civil Code and French case law (in particular: telecommunication network failures, third-party supplier failures such as Google or Stripe, cyberattacks, natural disasters, etc.).

15. Personal data

The processing of personal data in the context of the execution of these Terms of Sale is described in our Privacy Policy, in accordance with the General Data Protection Regulation (GDPR).

16. Amicable dispute resolution

In the event of a dispute relating to the execution of these Terms of Sale, the Customer is invited to first contact the Seller at contact@lonogic.fr to seek an amicable solution. The Seller undertakes to respond to any written complaint within a reasonable time, in principle within eight (8) business days.

The Customer may also use the European Online Dispute Resolution (ODR) platform set up by the European Commission, available at: https://ec.europa.eu/consumers/odr/.

17. Governing law and jurisdiction

These Terms of Sale are governed by French law.

Failing amicable resolution, any dispute relating to the formation, execution or termination of these Terms of Sale will be submitted to the competent French courts in accordance with common law. In accordance with Article R.631-3 of the French Consumer Code, the consumer Customer may bring the case before, at their choice, either the court of the place where they were residing at the time of the conclusion of the contract or the occurrence of the harmful event, or the court of the place of the Seller's registered office.

18. General provisions

If any of the provisions of these Terms of Sale should be declared null or unenforceable, this nullity will not affect the validity of the other provisions, which will remain in force.

The fact that the Seller does not avail itself, at any given time, of any of the provisions of these Terms of Sale cannot be interpreted as a waiver to subsequently avail itself of that provision.

19. Audio watermark (Free plan only)

Audios generated via the Free plan are automatically appended with a vocal mention identifying the Lonovoice service ("Generated with Lonovoice / Audio généré avec Lonovoice") added at the end of the file. This watermark is inseparable from the file and cannot be removed. Any attempt to remove, hide or circumvent the watermark constitutes a breach of the Terms of Service and may result in immediate suspension of the account. To obtain audios without watermark, the Customer must subscribe to a paid plan.

20. Specific rules for the Free plan

The Free plan is provided free of charge, with no commitment and no credit card. It is reserved for personal, non-commercial use for evaluation purposes only. No commercial license for the audios generated under the Free plan is granted to the Customer: such audios may not be used for monetization, public broadcasting, or integration into any commercial product or service.

The Free plan is subject to the following limitations:

• monthly quota of 2,000 characters;
• maximum of 500 characters per generation;
• maximum of 10 generations per 24 hours;
• access limited to 3 pre-selected voices;
• French and English languages only;
• MP3 download disabled (online preview only);
• automatic vocal watermark added at the end of every audio;
• audio file retention limited to 24 hours, after which they are permanently and automatically purged with no possibility of recovery.

The Seller reserves the right to modify or discontinue the Free plan at any time, without notice or compensation, and to suspend any Free account in case of abusive behavior (creation of multiple accounts, circumvention of limitations, scraping, etc.).

21. Contact

For any question relating to these Terms of Sale, you can contact the Seller:

• Email: contact@lonogic.fr
• Post: LONOGIC — 60 Rue François 1er, 75008 Paris, France