Date, 17 February, 2017
Welcome on our website www.madeinlaw.com and thank you for choosing Made in Law.
Made in Law SAS is at your disposal at 25 rue du Petit Musc - 75004 Paris, France incorporated in Paris under number 827 725 458. The Site is hosted by Digital Ocean Inc. 101 Ave of the Americas 10th Floor - 10013 New York, USA and the used servers are based in Amsterdam.
You will find below the condition of use of our site, the terms and condition of our contractual relationship if your choose our services, and finally how and why we collect your personal information when you use our site and/or our services.
By accessing or using any web site and/or any service provided by Made in Law, you acknowledge that you (i) have read and that you agree to be bound by the terms below, applicable to the day of your last connection (the "Terms") and (ii) that you agree to abide by all the applicable laws and regulations. If you do not accept these Terms, you must cease using the Site and if possible contact us (email@example.com), it is important for us to understand your decision.
Made in Law puts at your disposal self-service tools/software including: (i) smart questionnaire (dynamic software) to complete, generate, execute, store information and Your Documents; (ii) the completion of Services ordered on your behalf, directly or through our Third Party Providers; (iii) where applicable, linking with our Third Party Service Providers for customized advisory services, for on-boarding or subscription of contract with Third Party Providers ; (iv) notification service and informative alerts; (v) blog, videos, general information.
Made in Law is a documentary service that allows You to automate and accelerate self-service production of Your Documents. Made in Law does not provide legal advice and is not a lawyer's office. You take responsibility for the use of Services for your needs and for creating Your Documents in self-service, and in your name on the Site. At no time does the use of Services create an attorney-client relationship or any other special relationship between you and Made in Law or any employee, director of Made in Law or its Third Party Providers. Accordingly, you acknowledge that (i) you are solely responsible for the adequacy of your documents to your personal situation; and that (ii) the information that you provide on the Site is not protected by attorney-client privilege. In case of doubt, contact an expert.
Made in Law is intended for natural and capable persons who have reached majority, and for legal entities represented by an authorized intermediary. The user, whether they be a natural or legal person, recognizes, that in using the Services he is acting for purposes which fall within the framework of his trade, business, craft or profession and that they are therefore not a consumer as according to Consumer Law. If you are subject to laws other than French law, you acknowledge that you use the services at your own discretion and that you are fully responsible for compliance with the laws and regulations that apply to you, including but not limited to, the regulations relating to taxes, labour, customs, immigration, etc.
To use the Site or Services in whole or part, you create a free user account with an email and a password ("Your Account") in order to identify you. The creation of this account constitutes your unconditional acceptance of the present Terms and their updates.
You are solely and exclusively responsible for the activity on your account. You must ensure the security, confidentiality, and integrity of your account because it allows us to identify you in order to provide you our Services. Thus, (i) you cannot at any time use the account of a third party or (ii) let a third party use your account and (iii) you should always log out and close your browser when your session is complete. By default, you are held personally responsible for any damage suffered by Made in Law resulting from the use of your account by a person other than yourself. Made in Law disclaims all liability for any potential damage and any consequences suffered by you or a third party in the event of breach of these security obligations.
Made in Law reserves the right to revoke, modify or suspend your account, at its sole discretion, on a permanent or temporary basis, without prior notification, and without compensation. For example, Made in Law reserves the right to close or suspend Your Account permanently or temporarily in case of violation of all or any part of the Terms. Subject to the applicable legal provisions, in the case where Made in Law suspends, modifies or permanently closes Your Account, you'll have a reasonable time to make a copy of your available user information. You agree to receive no indemnity or compensation of any kind for any possible damage suffered resulting from this decision.
For the purposes of using the Services, you have a non-exclusive, non-transferable, freely revocable license to use the Services solely for your personal use. Made in Law may revoke this license at any time with or without cause. Consequently any disassembly, decompilation, decryption, extraction, re-use, copying and more generally, any acts of reproduction, representation, dissemination and use of any one of these elements in whole or in part without the express permission of Made in Law are prohibited under penalty of prosecution for compensation.
In all circumstances you agree to NOT engage, directly or indirectly, in one of these prohibited activities: (i) The copying, distribution or disclosure of all or part of the Services using any medium, including but not limited to, any type of "scraping" automated or not; (ii) Any behaviour likely to interrupt, suspend, slow down or prevent the continuity of Services; (iii) Any behaviour or action likely to impose a disproportionate burden on the infrastructure of Services; (iv) The use of any automated system of access to services that enable the sending of a quantity of requests to the servers of Made in Law greater than what a human could produce in the same period (subject to revocable permissions granted to operators of public search engines for the creation of public indices for the purposes of online research but without caching or without archiving data); (v) The transmission of spam, chain letters or any other unsolicited emails; (vi) The intrusion or attempted intrusion, the compromise of the integrity or security of systems on which the Services are implemented, including the loading of invalid data, viruses, worms or any other malicious software; (vii) The collection or recovery of any identifiable personal information issuing from the Services; (viii) The use of Services for commercial solicitation purposes or in violation of the initial purpose of Services; (ix) The copying, modification, translation, reproduction, extraction of content of any kind transmitted through the Services, its modification or its misappropriation; (x) The accessing of any content on the Services via any technology or any means other than those provided or authorized by the Services; or (xi) The overriding of the security measures implemented in order to prevent or restrict access to services, including but not limited to features that prevent or restrict the use or copying of any content.
In an instance of a breach of these terms by you, you assume the liability from Made in Law for all grievances, complaints, legal proceedings and/or claims whatsoever incurred by Made in Law. You agree to indemnify Made in Law from any damages suffered and to pay all costs, charges and/or convictions borne by Made in Law due to this breach.
With the exception of your user information, the systems, software, structures, infrastructures, databases and content of any nature (documents, images, text, graphics, illustrations, logos, patents, trademarks, photographs, audio, video, music, etc.) and all intellectual property rights related to them, are the exclusive property of Made in Law and its licensees.
Made in Law decides on the nature of Services offered and remains free to add or remove at it’s own discretion. You cannot at any time make a claim due to the completeness, maintenance or replacement of Services or claim any compensation for damages incurred from any of these instances. Subject to the applicable legal provisions, Made in Law is free to delete, modify, move or transfer at any time and at its sole discretion, with or without notification, all the data of the Site, the archive and your user information stored by Made in Law to a Third Party Service Provider of its choice. Made in Law is not liable to you for these transactions and these transactions do not give rise to compensation.
You acknowledge that Made in Law is not a lawyer's office and does not provide legal counsel, in accordance with the Act of 31 December 1971 as amended. You acknowledge that you use Services for your needs and to create your documents in self-service, and in your name on the Site. At no time does the use of Services create attorney-client relationship or any other special relationship between you and Made in Law or any employee, director of Made in Law or its Third Party Providers. Accordingly, you agree that you are solely responsible for the conformity of the Services to your personal situation and that the information that you provide on the Site is not protected by attorney-client privilege. In case of doubt, contact an expert.
The proposed offers of services are valid, in the absence of indication of particular duration, for as long as the offers are available. To order a Document or a Service, you must (i) create your account in accordance with article 3, (ii) accept the Terms and their updates (iii) make the payment in accordance with article 22. Any request of Services constitutes an express agreement from you to start the execution of the Services by Made in Law and until completion.
Any request for Services will be delivered by a notification of availability, immediately after the payment of the Services performed by our third party service providers. Once the complete execution of the requested Service, the Documents generated for these services will be available in your "dashboard". The Documents will be available to download for storage on your computer or external hard drive.
To perform the Services described in article 1 and in our FAQ (link), Made in Law uses the services of electronic signature, identity verification, communication, certification and expertise to achieve your Services requests. This is why we use trusted Third Party Providers. Some Third Party Providers (such as formalists or expert lawyers) perform your requests in your name by means of a mandate in accordance with article 1984 of the civil code, in the shortest possible time, unless impossible or in the instance of unforeseeable delays outside of their control. Made in Law and these third party service providers may only be held to best endeavours for the execution of the requested Services.
You agree to transmit, as soon as possible, to Made in Law and to third party service providers, all the information necessary for the execution of Services, except to assume personal legal and financial consequences induced by a delay of transmission of the requested information. You acknowledge that in these circumstances, Made in Law will decline any liability for the consequences of this delay.
You acknowledge that all User Information that you send us for the execution of the Services is complete, authentic, accurate and consistent with the law. Thus, you represent and assert that (i) you are fully responsible for your User Information and the consequences resulting from sharing them with Made in Law, our Third Party Service Providers and all authorities contacted for the execution of the Services, (ii) that Made in Law does not provide any guarantee, and expressly disclaims, any financial value of your User Information. In particular, but not limited to, you guaranteed acceptance of your civil and criminal liability in the instance that your User Information or any information transmitted by you: (i) constitutes or contributes to a civil or criminal offense such as for example but not limited to, the offense of false declaration or identity theft; (ii) violates, damages the rights or the property of a third party including, but not limited to any intellectual property rights, the violation of trade secrets or the law on the protection of information on securities etc.; (iii) contains any information or content that may be considered illegal, false, abusive, insulting, in violation of the right of privacy or could constitute as harassment, defamatory, threatening, or otherwise reprehensible; (iv) is used for the practice of illegal activities such as, but not limited to, immoral activities or activities which disturb public order.
Naturally, you remain owner of your User Information, but in order to enable us to provide our Services, you expressly grant us, and you assert that you have the power to grant us, a free, transferable, irrevocable, non-exclusive and global license to use, reproduce, modify, publish, edit, translate, distribute, display Your User Information in whole or in part and in any form, by any means or technology, known today or developed in the future for the purpose to execute the Services. This license expires after a reasonable time once you delete Your User Information. However, you authorize us to retain and to use your User Information in order to allow us to meet our legal obligations, resolve disputes, carry out our agreements or execute our Services particularly if your User Information is shared with other users. We will do our utmost to delete your user information quickly on request, however, please be aware that backup versions may remain, even after their deletion, on the respective servers. In particular, your ID documents will be removed from our servers once the Services are completed.
In order to offer our Services 100% online, we must obtain an agreement in the form of a proof of consent for the dematerialization of our exchanges, in accordance with article 1316-2 of the Civil Code.
This is why only your comprehension and your acceptance of the means of electronic evidence, administered by Made in Law, will make our relationship valid. The computerized records of Made in Law and its Third Party Providers will be considered as proof of communications, requests, subscriptions, payments and transactions between us and that the following principles will apply: You agree that our exchanges and writings signed when using the Services use the simple or advanced process of Electronic Signature. This technology, after identification, allows you to link a signatory to an unalterable file (i) On the one hand, your identity document (French national identity card or passport), your email, password, phone number and text messages received on this numbers are exclusive and personal to you and allow the authentication of your identity for both our Services and our Third Party Service Providers (ii) On the other hand, the guarantee of the integrity of the document is ensured by a timestamp system coupled to a cryptographic signature attached to a file and produces a number or a sequence of numbers, both included in the PDF file (the "Electronic Signature").
On one hand, our provider of Electronic Signature authenticates and timestamps Your Documents, and on the other hand, Your Documents added to your User Information necessary for the requested Services, are transmitted to a trusted third party which shall affix a certification on Your Documents coupled with a second timestamp. The electronic document archive is guaranteed by notably the Caisse des Dépôts for a period of 10 years.
In accordance with articles 17 and 18 above, You understand and Uou accept that the writing including Your Documents, signed electronically will have in all circumstance the probative value of an original copy or one written on paper in accordance with article 1316-4 al. 2 of the Civil Code, thus, the admissibility, the validity, the probative value of these writings, by the very fact of their signature, their conservation and transmission by electronic means, cannot be contested.
The Documents are provided on an “as is” basis and are in accordance with the laws applicable at the time of the request, subject to the accuracy of your User Information. The Services, Documents and all content available on or through the Site are only intended for personal purposes for the performance of your business. You have the right to use and print the documents for your account on the condition of keeping all mentions of copyright, trademarks, and other proprietary notices, not to copy (except for making a single copy for your backup needs) nor create a derived copy based on the Documents in whole or in part. You understand and agree, that you are not allowed to (i) make commercial use of the Services and Documents, (ii) nor to sell, rent or market them. Finally, you acknowledge that these provisions apply in addition to the provisions of article 7 above. In case of breach, we reserve all of our rights of claim.
Made in Law and the Third Party Providers commit to providing the Services seriously and diligently. You acknowledge and agree that all services are provided to our best endeavours but exclude any obligation of results. However, the models of the Documents are developed and updated by specialized lawyers and we strive to provide you, in all circumstances, a quality service and reliable legal documents. Moreover, if a special legal procedure you have not anticipated is applicable, we will assist you and do our best to provide you with all the required support or service providers you may need (additional costs may apply). In addition, Made in Law ensures that the information listed in your Documents are identical to those which have been introduced directly on the Site by You, or approved by You via the Site and, subject to a special request from You, they have suffered no alteration, modification or loss during the processing of that information and the execution of the Services.
Made in Law, simple service of documentary production in self-service, does not provide legal advice. Notably, Made in Law does not offer the adaptation of documents for personal and specific situations, expectations or restrictions. Thus the Services do not create a consultancy relationship and do not create any guarantee of adequacy of your documents to your personal situation. The use of the Services is performed at your own risk and you agree to personally deal with all information, consultation or preliminary or complementary legal analysis, with a competent professional, needed for your personal business. Unless required by law, Made in Law excludes liability and warranty coverage, in any manner and on basis whatsoever, for: (i) any error, mistake, omission or inaccuracy in Your User Information; (ii) any special procedure, administrative doctrine or practice, the outcome of the French administration position with respect to your file ; (iii) any damage to your property, in any form whatsoever, resulting from your access or use of our Services; (iv) any access to or any unauthorized use of our secure servers and/or all or a part of the information stored there; (v) any interruption or cessation of transmission of or arising from the Services; (vi) any bug, virus, hacking, sabotage, Trojan horse, or anything similar which could be transmitted to or through our Services by any third party; (vii) any loss or damage occurred as a result of the use of any posted Content, sent by email, transmitted or made publicly available via the Services and/or; (viii) Your User Information or the illegal conduct of a third party; (ix) the results from the verification of your identity and bank details carried out by a Third Party Service Provider; (x) any disclosure of information by You or a third party or Third Party Provider which may be considered confidential; (xi) the use of products or services offered or provided by a third party or Third Party Provider through the Services or any hypertext link accessible from the Site for which Made in Law will not be a part of nor will it control the transactions between you and this third party. (xii) any administrative sanction, tax, financial, legal pronounced by any authority against against You or Your company and with a direct or indirect link with the performance of the Services ; (xiii) any tax or financial penalty, or more generally any financial penalty sentenced against You or your company for documents, actions or project of documents within your own responsibility.
BY EXPRESS AGREEMENT, IN THE INSTANCE OF A COMPLAINT, PROCEDURE, LEGAL RESPONSIBILITY, OBLIGATION, LOSS OR COST, MADE IN LAW, ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS OR LICENSEES WILL ONLY BE ACCOUNTABLE TO YOU FOR AN AMOUNT, AT MAXIMUM, EQUAL TO THE TOTAL FOR SERVICES WHICH HAS ALREADY BEEN PAID TO MADE IN LAW.
Subject to the applicable provisions which take priority, these limitations and exclusions of liability will apply in the context of a contractual relationship, negligence or any other basis, even if Made in Law had or has knowledge of the possibility of injury, sentence or damage invoked.
If you use the Services, you agree to the terms and conditions of sale, the price and the conditions specified at the time of the payment. You agree to pay, at the point of request, all expenses, taxes, costs due, in accordance with the prices shown. Any requested Service is due in full as soon as it is confirmed by Made in Law. All prices are indicated in Euros. All included taxes and payments are made online with a credit card (VISA, debit card, Eurocard/Mastercard). Made in Law implements secure and encrypted payment services supplied by a Third Party Service Provider (Stripe, Inc). Finally, you expressly agree to receive electronic invoices. At any time and at its sole discretion, Made in Law can add new services for a fee and for supplementary charges, or change the costs and the fees for future use of existing services, without giving rise to any right to reimbursement or compensation.
You, not being a consumer, do not have the right of rescission provided for in articles L. 121-21 onwards in the Code de la consommation (Code of consumer protection.) However, you can cancel a service subscription by email firstname.lastname@example.org. In the instance of cancellation for paid Services, you remain accountable for all the taxes, costs, and legal and financial consequences resulting from this cancellation. Moreover, no refund will be granted under the following conditions: (i) whenever Made in Law has executed your instructions, edited and sent your documents, instructed a Third Party Provider or began the process of executing your Service(s) request before the authorities and; (ii) in the instance of a delay or refusal to communicate to Made in Law, its affiliates or Third Party Providers, Your User Information necessary for the execution of the Services; and (iii) in the instance of a delay or inability to perform the Services in the event of force majeure or any circumstance outside the control of Made in Law; (iv) in the event of a breach of any of the provisions of the Terms.
The Site and its content are provided in French and in any other language chosen by Made in Law in a free and informative translation. Made in Law does not guarantee the translations and their conformity with the law applicable in another country from where the Services are requested.
Made in Law can send you notifications for the exercising of your Services, for legal reasons, for marketing or for any other object. The notifications will be made by text message, email, post, or by posting on the Site. We recommend that you add the email address email@example.com to your approved addresses list. Made in Law expressly disclaims all liability in the instance that you have an automatic notification filter system in place for emails.
These Terms and any amendment or supplementary agreement that you may conclude with Made in Law, will constitute the entire agreement between you and Made in Law. The invalidity of one of the clauses of these terms does not nullify the other clauses of the present Terms. No disclaimer of any provision of these terms will be regarded as a future or permanent renunciation of this clause or any other clause, and the failure of Made in Law to enforce any right or provision under these Terms shall not constitute a waiver of this right or this provision.
The provisions of the Terms are subject to French law. In the case of a dispute, you agree to resolve the dispute by amicable means. If no resolution is possible, the dispute will be brought exclusively before the Paris courts, unless otherwise provided by law.
In order to give you the best experience on our Site and of our Services, you are asked to provide us with certain information about yourself (directly or indirectly), however, you may be concerned about how we collect, use and disclose such information. That is why we describe below the processing which we operate for your personal data and in particular the cookies used in order to give us a better understanding of your needs when you visit.
The Personal Information collected about you is the information you provide directly when using of our Services or while browsing on the Site. For example, we collect all the information to identify you (name, phone number, email address, address, etc.) and the information about the transactions you make whilst using our services. For some requested services, we also collect information about your relatives provided that you're doing your business with their consent ("Personal Information").
The cookies and tags of the website are small files that allow us to record and store some of your Personal Information in order to facilitate your navigation of the Site.
We use your Personal Information to: (i) perform the Services, (ii) improve our Services for example our features and our content, (iii) to allow you to enjoy and navigate with ease on our Site, (iv) personalize your experience during your visits from information obtained on your interests or your navigation, (v) provide or offer useful information and notifications of software updates or services, (vi) to allow you to benefit from our information letters, blog, marketing documents or promotional materials and all other information about the Services and products that we offer or offered by Third Parties Service Providers, and
See the provisions described in article 5 above. However, note that if your Personal Information is subject to specific security obligations, we cannot guarantee to maintain it adequately to this specific level of protection.
In addition, in the framework of a business transaction such as a merger, an acquisition, a restructuring or the sale of assets, we could sell, transfer or share in any way a part or all of your data including your Personal Information. In this case, you will receive a notification if your Personal Information becomes subject to a confidentiality policy significantly different from our own.
All your Personal Information is stored securely on our servers and/or with our Third Party Service Providers depending on the nature of your information, for the legal duration of information storage. We have declared our file at CNIL #2037007. You can access, delete or modify your Personal Information by sending an email (firstname.lastname@example.org).
You will receive regular messages, alerts or notifications concerning the requested Services on our Website about your account or our Services as well as updates for our Site and Services. To make sure you have a good experience using our Services, you cannot unsubscribe from these communications. However, you can unsubscribe to all other types of communications such as promotional information by following the instructions for unsubscribing provided in these emails or contact us (email@example.com).
Do not hesitate to use our best email: firstname.lastname@example.org