This is an automatic translation. Only the French version of these legal conditions (available at https://vm-gp-ytg.babbar.eu/legals) is legally binding.
Legal Notice
COMPANY IDENTIFICATION
The products and services associated with YourTextGuru are offered by:
Babbar with a capital of 8,800 euros, registered with the Rouen Trade and Companies Register under the number RCS 879 721 942.
Babbar
72 rue de la République
76140 Le Petit-Quevilly
SIRET: 87972194200024
Tel. 06 30 07 17 31
Hosting Company
ONLINE SAS, simplified joint-stock company with a capital of 214,410.50 Euros, subsidiary of the Iliad group, registered with the Paris Trade and Companies Register under the number RCS PARIS B 433 115 904, VAT number FR 35 433115904.
Contact Details:
ONLINE SAS BP 438 75366 PARIS CEDEX 08
Customer Service
For any information, questions, or advice, we are available through your client area at:
- https://yourtext.guru/support
General Terms and Conditions of Sale
APPLICATION
The General Terms and Conditions of Sale detailed below apply to all orders placed with Babbar for all products and services offered on the yourtext.guru website, unless otherwise agreed in writing. These general terms are always presented to you when placing an order. Therefore, placing an order implies your full, unreserved acceptance of these general terms and conditions of sale.
PHOTOGRAPHS, VISUALS, ILLUSTRATIONS
The photographs and illustrations on the yourtext.guru website are not contractual.
PRICES
Product prices are specified in euros or dollars, excluding tax. The tax-inclusive prices will be displayed before payment.
These prices do not include shipping fees, which will be automatically calculated and indicated on your order summary in your cart. If they are not indicated on the order form, they are considered null.
Shipping fees are calculated based on the delivery zone, the weight of the products ordered, and the chosen delivery method.
The prices guaranteed to you are those displayed on the site at the time of order.
YOUR ORDER
1. You must first create a free account and be logged in.
2. You choose to place your order, which consists of purchasing tokens (which will later be used to order writing guides) or subscribing to a subscription. You must then enter the necessary billing and delivery information for your products. The information you provide is binding. In the event of an error in the delivery address, yourtext.guru and Babbar cannot be held responsible for the inability to deliver the product(s).
3. You confirm your details and choose your payment method.
Your order is then confirmed and constitutes an irrevocable commitment on your part, which can only be challenged in the cases provided for in these terms.
ORDER CONFIRMATION
You will receive a confirmation of your order by email and/or in your client account.
Babbar reserves the right not to confirm an order for any reason (issues with the received order, no more available space, supply issues, issues during the generation of the writing guide).
PAYMENT METHOD
Payment of the total price is due upon order. It can be made:
- preferably by credit card via a secure payment system (for France, the United States, Spain, and the United Kingdom)
- by bank transfer or check, for subscriptions longer than one year, or as an alternative for packages of 500 tokens or more.
PRODUCT DELIVERY
Babbar delivers orders placed on the site via standard or registered mail, or electronically via the client area and/or email.
You must ensure the content and condition of the package before signing the delivery receipt. Any dispute regarding transportation (damage, deterioration, missing items, etc.) must be reported on the delivery note at the time of delivery and confirmed by registered mail with acknowledgment of receipt to the carrier within 3 days of receiving the package, in accordance with Article L 133-3 of the French Commercial Code.
If the recipient is absent during delivery, La Poste will leave a notice in the recipient's mailbox, and they will need to collect it from the nearest post office.
Delivery delays cannot give rise to damages, retention, or order cancellation, even in the case of total or partial strikes, transportation or supply blockages, government restrictions, or legal restrictions.
Babbar's liability cannot be held for transportation-related issues such as destruction, damage, loss, or theft.
DELIVERY ZONES
The site allows for product deliveries worldwide. However, VAT may arbitrarily apply when purchasing from abroad (outside France).
RECEPTION
The buyer must provide all evidence of any defects or shortages.
No return of goods can be made without Babbar's prior written approval obtained by email.
Return costs will be covered by Babbar only in the case of an apparent defect or shortage confirmed by Babbar or its representative.
Only Babbar's chosen carrier is authorized to handle the return of the concerned products.
After inspection, if an apparent defect or shortage is confirmed, the client can only request the replacement of non-compliant items and/or the completion of missing items, without the right to any compensation or order cancellation.
COMPANY CLOSURE PERIOD
Babbar reserves the right to close the company for annual or exceptional holidays. In such cases, order preparation times may be extended accordingly.
DISPUTES
Complaints or disputes will always be addressed with great care. In case of a dispute, you should first contact Babbar to seek an amicable solution by explaining the facts via email or by post to Babbar - 72 rue de la République, 76140 Le Petit-Quevilly.
INTELLECTUAL PROPERTY
The yourtext.guru website is the full property of Babbar, which holds all related rights. The photos and images on the site are the property of Babbar or Babbar holds usage authorizations.
Consequently, partial or total reproduction, on any medium, of the elements composing the site, their use, and their availability to third parties are strictly prohibited.
General Terms and Conditions of Sale and Use
ARTICLE 1. – GENERAL PROVISIONS
The yourtext.guru website (hereinafter the "Site") is owned by Babbar, a simplified joint-stock company with a capital of forty-two thousand euros (8,800 €), registered with the Rouen Trade and Companies Register, with its headquarters located at 72 rue de la République, 76140 Le Petit-Quevilly.
The identity of the publication director and the hosting provider is provided in the Legal Notice accessible on the Site: https://yourtext.guru/legals.
For any questions regarding the use of the Site, you can contact Babbar (hereinafter the Company) at the following address: Babbar SAS, 72 rue de la République, 76140 Le Petit-Quevilly.
ARTICLE 2.- DEFINITIONS
- "Subscriber" or "Subscriber User" or "User": refers to the User who has subscribed to the "Graphic Interface Access Plan" or the "API Plan" subscription on the Site or possesses tokens allowing them to generate writing guides on demand.
- "Subscription": refers to the Subscription taken out by the User to benefit from the Services, accessible only by Subscription or through the purchase of tokens.
- "Account": refers to the account opened by the Subscriber or User from which the Site's Services are accessible. Some Services are reserved for Subscribers who have subscribed to the API Plan, and others are reserved for "API RESELLER" Subscribers.
- "Yourtextguru Tool": refers to the software accessible from the Site, by Subscription, through which the Services are offered.
- "Token Plan": refers to the purchase of tokens for the on-demand use of the YOURTEXTGURU software.
- "Graphic Interface Access Plan": refers to the Subscription for the use of the YOURTEXTGURU software license.
- "SEO-TXL Plan": refers to the Subscription to receive a certain amount of "Words" SEO-TXL each month, which allows for generating content and downloading images from an image bank.
- "API Plan" (Application program interface) or without a graphic interface: refers to the Subscription for the use of the YOURTEXTGURU software via its API.
- "API RESELLER Plan" (Application program interface) or without a graphic interface: refers to the Subscription for the use of the YOURTEXTGURU software via its API and in white label.
- "Plans": refers to any of the available plans.
- "Services": refers to all the features and functionalities available from the Site. These Services are described in Article 9 of this document.
- "Site": refers to the interactive electronic service published and operated by Babbar, accessible via the URL: https://yourtext.guru.
- "User": refers to any person browsing the Site.
ARTICLE 3.- PURPOSE
The Site provides its Users with a platform for SEO-optimized writing assistance. This platform offers various services related to text semantics, from extracting terms expected by search engines to suggesting related entities for a topic.
The Yourtextguru Tool offers four types of Plans: the Token Plan, the Graphic Interface Access Plan, and two API Plans, as described below.
These terms and conditions govern the terms and conditions of access and use of the Site and the Yourtextguru Tool.
These general terms apply to both Professional Users and Consumer Users.
These terms apply to all Users and are available online on the Site.
ARTICLE 4.- ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
Anyone accessing the Site and Services agrees to comply with these terms of use without reservation.
Access to the Services is subject to acceptance of these General Terms and Conditions of Sale and Use (hereinafter the "GTCU"), available at any time on the Site.
The acceptance of these GTCU by Users registering on the Site is materialized by checking a box during registration on the Site.
The acceptance of these GTCU by Users must be complete and unconditional.
Any access or use of the Site implies the simultaneous and unconditional acceptance of the terms of these GTCU.
ARTICLE 5.- ACCESS TO THE SITE
To connect to the Site, the User must ensure that they have the necessary hardware, software, and internet connection compatible with the Service's provision conditions.
The Site is accessible to any User wishing to use the Services and who has internet access.
All costs related to internet access are the sole responsibility of the User.
The Site uses all reasonable means at its disposal to ensure quality access to the Site but is under no obligation to achieve this result.
The Site cannot be held responsible for the deterioration or loss of data due to network malfunctions or any other reason beyond its control, and more generally, for any deterioration or malfunction.
The Site reserves the right to temporarily interrupt, suspend, or modify access to all or part of the Site without notice for maintenance purposes, without the interruption entitling the User to any obligation or compensation.
The User expressly agrees that Babbar cannot be held liable for direct, indirect, incidental, special, accidental, consequential, or punitive damages, etc., as well as for any loss of profits or revenue that may be incurred by the User directly or indirectly related to:
- access or use of the Site;
- the inability of the User to access or use the Site;
- any behavior or content submitted, published, or posted on the Site;
- any unauthorized access, use, or alteration of the User's transmissions.
The Services are accessible, subject to the restrictions provided on the Site:
- to any individual of legal age with full legal capacity to engage under these terms. An individual who does not have full legal capacity can only access the Site and Services with the consent of their legal representative;
- to any legal entity acting through an individual of legal age with the legal capacity to contract on behalf of and for the account of the legal entity.
ARTICLE 6.- FEATURES, USE, AND SUBSCRIPTION TO SERVICES
The Company provides a platform that allows:
- Subscribers who have chosen the Graphic Interface Access Plan to access the software and use the Services included in this Plan and described in Article 9 of this document;
- Subscribers who have chosen the SEO-TXL Plan to access the software interface and use the Services included in this Plan and described in Article 9 of this document;
- Subscribers who have chosen the API Plan to use the Yourtextguru software via its API;
- Subscribers who have chosen the API RESELLER Plan to use the Yourtextguru software via its API and white label, as well as via the graphical interface;
- Users with the Token Plan to use the Yourtextguru software via the graphical interface, with the number of uses depending on the available tokens.
ARTICLE 7.- SITE REGISTRATION AND ACCOUNT CREATION
Preliminary
To connect to the Site and use the Yourtextguru Tool, the User or Subscriber must ensure that they have the necessary hardware, software, and internet connection compatible with the Service's provision conditions.
Identification
The Subscriber Account is protected by identification elements, a username (email address), and a password.
The User can access their Account at any time after logging in with their username and password via the "Login" box.
If a User has lost or forgotten their password, the Site provides a function to reset it by clicking on the "Forgot password" link.
The User's password is personal and confidential. The User agrees to keep their password confidential. The User assumes sole responsibility for all connections made using their username and password. If the User suspects fraudulent use of their Account, they must notify the Company as soon as possible at support@yourtext.guru so that appropriate measures can be taken to remedy it.
Yourtextguru cannot be held responsible for the impersonation and/or fraudulent use of an Account if unauthorized, fraudulent, or abusive use occurs, whether due to voluntary or involuntary disclosure of identification elements by the User to a third party. The User remains solely responsible for any use made of their Account by a third party who accessed the Site with their identification elements.
The User guarantees that all information provided in the registration form is accurate, true to reality, and sincere and not misleading. The User is responsible for communicating any changes to their personal information. The information requested includes email address(es), name(s), first name(s), and other company information.
Any registration containing inaccurate information will not be considered.
The User may request the deletion of their Account by sending an email to support@yourtext.guru. As the result of this request is the permanent deletion of the Account and its data, the Site will send an email asking the User to confirm their request. If the User confirms their desire to delete the Account, it will be deleted.
Account Access Restriction
The Site also reserves the right to suspend the Account if it believes the Subscriber has violated any provision of the GTCU.
Contract Assignment
The User authorizes Babbar to assign the contract binding them to a third party.
Email and Newsletters
By creating an Account with Yourtextguru, the User is informed that they authorize Yourtextguru to send notifications by email to the email address provided during registration. These notifications may include, but are not limited to: updates to the Yourtextguru toolbox, tips and tutorials on using the Yourtextguru tools, promotional offers, and system messages. The User can unsubscribe from the newsletter at any time by using the unsubscribe link at the bottom of each email sent.
ARTICLE 8.- SUBSCRIPTION
The Subscription is taken out by the individual representing the legal entity for which the Subscription is made or by the individual for their own account.
This Subscription is personal.
In the case of a Subscription taken out by a legal entity, only individuals employed by or acting on behalf of that legal entity can use the Yourtextguru Tool.
However, only one person at a time can use the Yourtextguru Tool within the same legal entity. Multiple and simultaneous logins are not permitted, and the Site reserves the right to cut off access to the Services if necessary.
The Subscription can be taken out for periods of one (1) month, automatically renewable.
The Subscription takes effect upon the sending of the email confirming the successful receipt of the payment made by the User. Payment can be made by credit card.
Babbar uses its own payment module created with STRIPE. No banking data is stored by Babbar.
The User is informed that they must also read and accept the STRIPE general terms and conditions to make a payment on the Site. These are available at the following address: https://stripe.com/fr/ssa.
In the case of a monthly renewable Subscription, payment is due at the beginning of the period when the Subscription is taken out and then every month at the same time, unless the User has indicated their wish not to renew the Subscription for the following month using the "unsubscribe" button on the screen.
The Subscriber User cannot hold the Company liable for renewing their Subscription in the absence of a manifestation of their wish not to renew the Subscription for the following month.
For an annual Subscription, the full year's payment is due at the time of Subscription, at the beginning of the period.
The Site reserves the right to apply advantageous rates or discounts in the case of annual Subscription.
a. Graphic Interface Access Plan and Token Plan
The Subscriber or Token User has a choice of several features. For use via the Token Plan, each generation of guides will result in a token deduction. Once the token balance reaches zero, the User can access their guides but cannot generate new ones.
In the case of the Graphic Interface Access Plan, usage is limited by a token counter and AI tokens during the subscription period. Tokens and AI tokens are distributed in periods (a period corresponds to one month, potentially shifted depending on the subscription date). At the end of each period, unused tokens and AI tokens are deleted. There are several subscription levels.
b. API Subscription
The Subscriber takes out the API Plan for a fixed annual or monthly price depending on the chosen Subscription.
c. API RESELLER Subscription
The Subscriber takes out the API RESELLER Plan for a price including a fixed annual or monthly part depending on the chosen Subscription and a variable part based on several criteria, including the usage of this API Plan.
The price of the API RESELLER Subscription is communicated to the User upon request and depends on several criteria, including, but not limited to, the number and volume of desired data, as well as their geographic areas. The price is subject to a separate quote.
d. General Provisions
The Subscriber User must ensure that the payment method information (credit card and other payment methods accepted by STRIPE) used for the Subscription is up-to-date and accurate.
The Site reserves the right to offer advantageous pricing conditions in the case of Subscriptions taken out by multiple Users from the same entity.
In accordance with Article L.121-20-12 of the French Consumer Code, the non-professional User is informed that they have a right of withdrawal of fourteen (14) calendar days. If the User wishes to benefit from the Services immediately, they agree to waive their right of withdrawal in accordance with Article L.221-28 of the French Consumer Code.
A User is free to cancel their Subscription at any time, but this cancellation, unless due to a contractual breach by Babbar, does not entitle them to any refund. If it is a monthly Subscription, the month in which the unsubscription occurs remains due. If it is an annual Subscription, the remaining months for the year during which the unsubscription occurs remain due.
However, if the Subscriber decides to change their Subscription during its term, the price may be adjusted between the Parties.
In the case of a contractual breach by either Party (the Subscriber or Babbar), the aggrieved party has the right to terminate the Subscription ten (10) days after notifying the other party by registered letter to comply with its obligations.
ARTICLE 9. – CONTENT OF THE SERVICES
The following features are offered by the YOURTEXTGURU tool:
- Premium guide generation for writing and optimizing textual content for a query
- Content analysis in terms of optimization and risk, linked to a premium guide (functionality available for 50 days after the creation of a premium guide)
- Classification of Google's SERP intent for a query, as well as providing related entities (for French)
- Exploration of related topics, in the form of entities or questions (For French and English)
9.1. Graphic Interface Access Plan
The Subscriber User with the Graphic Interface Plan can access and use the Services and the Website only for their internal professional needs in accordance with these terms and the limitations (see infra 9.4) of the selected subscription plan.
9.2. API Plan
For Subscribers who have taken out an API Plan, the Site offers the following Services:
- access to an application programming interface ("API").
The Yourtextguru API is an API that allows software, applications, operating systems, utilities, and online services to interoperate with the Site or help display, download, or export information received from the Site. The User is informed that access to and use of the Yourtextguru API is strictly reserved for internal professional use in accordance with these terms.
If Yourtextguru provides you with an API Plan via a secret access key, Yourtextguru grants you a worldwide, limited, non-exclusive, non-transferable license to make a reasonable number of copies and use the Yourtextguru API to access Yourtextguru data.
The API Subscriber is informed that in case of public use or display of Yourtextguru data via the API, the Subscriber must comply with the Yourtextguru link and attribution guidelines on the websites.
The Subscriber cannot resell or redistribute the API or Yourtextguru proprietary data, whether through another API or otherwise.
The API Plan Subscriber can access and use the Services and the Website only for their internal professional needs in accordance with these terms and the limitations of the selected subscription plan.
9.4. Free Trial
A user who has not yet subscribed to a paid plan may request a 7-day free trial of Yourtextguru:
- The company reserves the right to choose which users are granted access to the free trial and under what time frame it will be activated.
- The company is under no obligation to provide the free trial for every request.
- The type of subscription, the number of tokens and AI tokens included in the 7-day trial are at the discretion of the company.
9.4. API RESELLER Plan
For Subscribers who have taken out an API RESELLER Plan, the Site offers the following Services:
- access to a white-label application programming interface ("API") and access to Yourtextguru's functionalities.
9.4. Limitations
The source code is the exclusive property of the Company.
Robots cannot use the Services.
The Subscriber User is informed that they cannot, directly or indirectly:
- sublicense, resell, rent, lease, transfer, assign, share, use in a time-share, commercially exploit, or make the Services accessible in whole or in part to third parties;
- use the Services for illegal purposes or in a manner that violates these terms (including, but not limited to, in violation of data protection, privacy, anti-money laundering, or anti-corruption laws);
- attempt to read or derive the source code of the Services or underlying software (unless permitted by law);
- circumvent any technical limitations of the Services;
- interfere with or disrupt the integrity, security, functionality, or performance of the Services or their components;
- use the Services in a way that damages or alters the Site or interferes with another party's use of the Services;
- modify, translate, adapt, create or attempt to create derivative works from the Services;
- hack or otherwise attempt to gain unauthorized access to the Services or their related systems or networks;
- use or launch any automated system, including "robots," "spiders," or "offline readers," that sends more request messages to the Site's servers in a given period of time than a human could reasonably produce in the same period using a conventional browser;
- modify the software or use modified versions of the software, including for the purpose of gaining unauthorized access to the Services.
Any attempt to access the Site, server, or Yourtextguru database using automated tools or otherwise is prohibited and may result in the termination of the client's access to the Services. Application programming interfaces (APIs) are the only authorized means for obtaining data using automated tools. The User cannot circumvent a feature or access the Site's functions directly using custom HTTP (or other) calls, nor attempt to manipulate the service or access it in a way that a reasonable person would not consider normal authorized use.
To protect the integrity of the Site and Services, the Company reserves the right at any time and at its sole discretion to block access to the Site from certain IP addresses.
9.5. Beta Versions
Yourtextguru may offer new features, tools, resources, and related information not yet generally available to Subscribers or non-Subscribers. Babbar may suspend, limit, or terminate access to a Beta version at any time. Beta versions are the property of Babbar.
The User is informed and agrees that the Company is under no obligation to make all or part of this version generally available in a new version of the Site or Services, and that the Company makes no representations or warranties, express or implied, regarding the performance, availability, functionality, or general release of any Beta version.
9.6. SEO-TXL Plan
For Subscribers who have taken out an SEO-TXL Plan, the Site offers the following Services:
- limited access to the software interface and a feature that allows text to be generated from a starting text entered by the user.
On average, one generated word consumes 1 (one) "Word." A number of Words determined by the size of the subscription (SMALL, MEDIUM, LARGE, HUGE) is credited to the Subscriber's account, with no possibility of exceeding this amount (unused Words during a subscription period are lost).
The texts are generated by AI. There is no guarantee as to the relevance, uniqueness, or quality of the generated texts. The Subscriber is aware that the use of AI to generate text does not guarantee a level of quality.
- the ability to download images from the yourtext.guru image bank. Downloading one image consumes 1,000 (one thousand) "Words."
Yourtext.guru does not guarantee the future availability of images. The Subscriber must keep the images already downloaded.
Once an image is downloaded by consuming "Words," the Subscriber can use it as long as they wish for personal or commercial use.
ARTICLE 10.- WARRANTIES AND OBLIGATIONS OF USERS
By accessing the Site, the User declares, warrants, and agrees to:
- access the Services in good faith, reasonably, and in a manner that is not contrary to these terms;
- not to directly or indirectly commercialize the Services and/or access to the Services;
- not to reuse all or part of the Services contained therein, particularly for commercial and/or collective and/or personal purposes in an unauthorized form and/or medium by the Company.
In case of breach of one or more of these obligations and without limitation, the User acknowledges and agrees that the Company reserves the right to refuse access to all or part of the Site.
It is strictly forbidden to use the Services for the following purposes:
- engaging in illegal, fraudulent, or harmful activities to the rights or safety of third parties;
- disrupting public order or violating applicable laws and regulations;
- intruding into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violating its integrity or security;
- sending unsolicited emails and/or commercial prospecting or solicitation;
- assisting or encouraging, in any form or manner, one or more of the acts and activities described above, and
- more generally, any practice that diverts the Services from their intended purpose.
It is also strictly forbidden to:
(i) engage in any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services;
(ii) intrude or attempt to intrude into the Company's systems;
(iii) misuse the system resources of the Site;
(iv) impose a disproportionate load on its infrastructure;
(v) harm security and authentication measures;
(vi) take actions that harm the Company's financial, commercial, or moral rights and interests, and finally
(vii) violate these general terms and conditions.
It is strictly forbidden to monetize, sell, or grant access to all or part of the Services or the Site, as well as to the information hosted and/or shared therein.
In case of breach of any of the provisions of these general terms or more generally, of any violation of applicable laws and regulations by a User, the Company reserves the right to take any appropriate action, including but not limited to:
- at any time, without prior notice, temporarily or permanently interrupt or suspend, in whole or in part, the Site or User's access to the Services, the author of the breach or violation, or those who participated;
- in case the Site and/or Service access is suspended, regardless of the reason, Users cannot claim any compensation whatsoever.
- post on the Site any message of information deemed necessary by the Company;
- notify any relevant authority;
- initiate any legal action.
ARTICLE 11.- LIABILITY AND WARRANTY OF THE COMPANY
The User accepts and acknowledges that they are solely responsible for the information contained on the Site and that they have provided to the Company.
The Company disclaims any liability in case of any potential loss of information accessible on the User's Account, as the User is responsible for backing up a copy and cannot claim any compensation for this purpose.
The Company does not act as an internet service provider. As such, the Company cannot guarantee the quality of the internet connection or the absence of interruptions inherent to the network.
The Company undertakes to regularly carry out checks to verify the functioning and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance purposes.
Similarly, the Company cannot be held responsible for temporary difficulties or inability to access the Site caused by external circumstances, force majeure, or disruptions in telecommunications networks.
The Company does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be entirely free from errors, defects, or malfunctions, (ii) that the Services, being standard and not offered specifically for a given User based on their personal constraints, will meet their specific needs and expectations.
The Company cannot be held liable to the User for any loss or damage they may suffer due to any change or temporary or permanent deletion of the Company's Service offering or functions available on the Site.
The User cannot oppose the Company with the general terms of use and/or general terms of sale of any partner sites and undertakes to review and accept them before any purchase on said partner sites.
In any event, the Company's liability under these terms is expressly limited to the only proven direct damages suffered by the User.
ARTICLE 12.- INTELLECTUAL PROPERTY
The Company holds intellectual property rights and holds usage rights over all elements accessible on the Site, including the visual and textual components of the Site, the "Yourtextguru" brand and logos, the Site's design, source codes, algorithms, the structure, and the software used for the Site's operation.
All these elements are protected by intellectual property rights or database producer rights in force. Any unauthorized use or reproduction, even partial, of the Site or any of its components is strictly prohibited and will be considered as an infringement. Any offender will be prosecuted before the competent courts.
Except for elements published under an open license, all reproductions or representations, even partial, by any means whatsoever, all automated or non-automated requests aiming at retrieving the data published on this platform, made without the publisher's authorization, are unlawful and constitute an infringement under the provisions of the law of March 11, 1957, Articles 40, 41, and 42 of the French Penal Code.
ARTICLE 13.- PERSONAL DATA
The Company may collect personal data depending on the Account and/or Subscription used by the User.
Therefore, Yourtextguru invites the User to review the privacy and personal data processing policy of Yourtextguru on the following page: https://yourtext.guru/legals#confidential.
This policy is an integral part of these GTCU. Acceptance of these GTCU includes acceptance of the attached privacy policy.
It is specified that the privacy policy complies with European Regulation 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data (GDPR).
ARTICLE 14.- ADVERTISING
The Company reserves the right to insert on any page of the Site and in any communication to Users any promotional or advertising message, in a form and under conditions solely decided by the Company.
ARTICLE 15.- LINKS AND THIRD-PARTY SITES
The Company cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the User would have access through the Site.
The Company assumes no responsibility for the content, advertising, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
The Company is not responsible for any transactions between the User and any advertiser, professional, or merchant (including its potential partners) to whom the User is directed through the Site and cannot be a party to any dispute arising from these transactions, particularly regarding the delivery of products and/or services, warranties, representations, and other obligations to which these third parties are subject.
ARTICLE 16.- MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE
To comply with applicable legislation or to improve the use of the Site, the Company may revise these GTCU.
Any modification is applicable fifteen (15) days after the notification by email of the updated GTCU to Users.
Continued use of the Site by the User after the publication of the revised GTCU means they accept and agree to these modifications.
In case of disagreement with the new provisions of the GTCU, the User agrees to cease all use of the Site and request the deletion of their Account at the following address: support@yourtext.guru.
ARTICLE 17.- APPLICABLE LAW - DISPUTES
These GTCU are governed by French law.
In the event of a disagreement between the Parties, one of the Parties must inform the other by sending a registered letter with acknowledgment of receipt. Upon receipt of this letter, and within fifteen (15) days, one of the Parties must propose an amicable resolution of the dispute. In case of failure or no response, they may submit their dispute to the competent courts.
The Parties agree to follow the amicable resolution procedure before bringing the matter to court, as this mediation attempt is a condition of admissibility for any legal action.
Any dispute arising from the performance of these GTCU or in connection with these GTCU will be submitted to the competent courts, subject to applicable consumer law provisions.
For disputes between the Company and a non-professional User, the non-professional User is informed that they have the right to resort to a consumer mediator for the amicable resolution of the dispute, provided that such a dispute could not be resolved in a prior complaint submitted directly to the Company.
In the event of a dispute resulting from an online national or cross-border purchase, the non-professional User may also access the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase: http://ec.europa.eu/consumers/odr/.
These GTCU are up to date with the European Parliament and Council regulation of June 20, 2019, promoting fairness and transparency for business users of online intermediation services.
ARTICLE 18.- MISCELLANEOUS PROVISIONS
The interpretation language of these GTCU is French.
In case of contradiction between the GTCU and other elements, rules, or guidelines on the site, the GTCU shall prevail.
If one or more provisions of these GTCU are declared null under a law, regulation, or final decision of a competent court, the other provisions shall remain in full force.
No tolerance of any nature, scope, duration, or frequency may be considered as creating any right or as a waiver of any provision of the GTCU.
ARTICLE 19.- ENTRY INTO FORCE AND UPDATES
These GTCU came into force on 01/09/2020.
PRIVACY POLICY
BABBAR undertakes personal data processing through the website https://yourtext.guru (hereinafter the "Site") (as defined in the general terms of use).
The Site https://yourtext.guru processes personal data for the use of the Site's Services (as defined in the general terms of use, above the "GTCU").
The personal data collected varies depending on how the Site is used. The personal data collected or held is either directly communicated by the individual themselves, obtained from third parties, or collected from activity on the website and use of the services.
Babbar complies with all data protection laws and regulations in force in the countries where it operates, including but not limited to European Regulation 2016/679 of April 27, 2016 (General Data Protection Regulation, often referred to as GDPR) and the French law of January 6, 1978, known as "Informatique et Libertés."
The cases of data collection provided for by law are as follows:
- The performance of a contract we have concluded with you;
- Compliance with a legal obligation;
- Your consent to the use of your data;
- The existence of a legitimate interest in using your data.
Regarding yourtext.guru, the collection concerns the information necessary for access and operation of the services on one hand, and, optionally and based on legitimate interest, the monitoring of sessions on the Site for improvement and analysis purposes.
By using yourtext.guru, the User or any other person using the Site accepts the practices described in this personal data processing policy. The terms with an uppercase letter have the meaning defined in the general terms of use.
Data Controller
The data controller is Babbar, a simplified joint-stock company with a capital of eight-thousand-eight-hundred euros (8,800 €) registered with the Créteil Trade and Companies Register and headquartered at 72 rue de la République, 76140 Le Petit-Quevilly.
Data for Service Operation
Access to the Services and the yourtext.guru Site requires the creation of a User Account, and subscribing to a subscription also requires the collection of personal information. This information is directly provided by you through the registration form or via a partner site that has its own data processing compliant with regulations.
The following data may be collected:
- First name, last name;
- Email address, billing address;
- Phone number (two-factor authentication);
- Information related to payment methods.
The use of all the information mentioned above is solely for the purpose of creating an Account and using the Services as defined in the general terms of use of the Site. This information is used to fulfill the purposes related to the requested services. These payment data are transmitted to our payment service provider to technically process the transaction. The Site does not retain the credit card numbers used during transactions.
Data Automatically Collected
Each time the Site is used, connection and browsing data may be collected for analysis and service improvement purposes in the form of cookies. Cookies are text files with a limited lifespan that are placed on the device used for browsing.
At any time, visitors can choose to accept or refuse the use of cookies and modify their preferences. The cookie has a validity period that varies depending on the type of cookie and allows the visitor to be recognized during future use of the website. In any case, this period does not exceed thirteen months.
Visitors can choose to accept or refuse cookies while browsing the site. To this end, Babbar displays a preliminary information banner on its Site inviting the visitor to accept cookies. As long as the visitor has not consented to the collection of cookies, no cookie can be placed on their device, except for cookies exempt from consent as they are strictly necessary for the provision of an expressly requested service by the User.
Browsing Cookies
They are essential for using the features available on the Site and optimizing navigation.
Customization Cookies
These cookies allow Babbar to save the choices and preferences of Users or anyone using the Site and keep them to optimize future browsing on the Site from the same devices.
Advertising Cookies
We do not currently display advertisements. However, should this change, you may have the option to authorize them.
Audience Measurement Cookies
These are cookies that allow Babbar to measure the audience of Users, in an anonymous manner, on its Site, including page views, the number of visits, recurrence, etc.
To manage cookies, the User can configure their browser and choose, in particular, to refuse all or part of the cookies, delete them, etc. However, we draw the attention of Users or anyone browsing the Site to the fact that certain features or the display of certain pages may no longer function properly if cookies are refused.
Additional Purposes for Processing Data Collected by Cookies
Babbar may process certain data collected by cookies for legitimate purposes, such as managing customer relationships or prospects, as well as improving its services.
Babbar may also use this data to conduct surveys and satisfaction measures, manage promotional campaigns, and marketing communications as part of its partnerships, etc. This data is used for legitimate purposes as long as the rights and freedoms of the persons concerned are not hindered. Babbar never sells this information to third-party companies.
As part of the fight against money laundering and the financing of terrorism, Babbar processes certain data, particularly those related to the identification and consumption of Users, which it may be required to share with third parties.
Data Retention Period
The data retention period depends on the purpose pursued. The data is then archived for the necessary time to allow Babbar to meet its legal obligations.
Account Data
Babbar retains this identification data for as long as the account is active and for a period of five (5) years thereafter.
Babbar retains data related to the management of Accounts and Listings as long as the account is active and for a period of five (5) years thereafter.
IP Addresses and Cookies
Babbar retains this data as long as the account is active.
Data Security
Data processed by Babbar is protected by security measures tailored to the sensitivity of the data, even though Babbar does not process any "sensitive data" within the meaning of the General Data Protection Regulation.
Encryption is used for file storage, databases, and client/server communications.
Site users have access to their personal area via a password for which they are solely responsible. Babbar declines all responsibility in the event that this password is shared with any third party.
Data Sharing
Certain information is transmitted to service providers who act as subcontractors in order to technically and administratively support the provision of Services and to Babbar's Partners to enable the use of the Services offered by Babbar, to the extent necessary for their involvement. The third parties and partners are primarily:
- Payment service providers and intermediaries necessary for processing credit card payments;
- Data hosting providers and other IT service providers;
- Marketing and advertising partners;
- Competent tax, administrative, or judicial authorities, as well as certain regulated professions such as lawyers and accountants;
- Etc.
Data may also be shared in cases not mentioned above, with the consent of the individuals concerned or because Babbar is required to do so by applicable law.
Babbar takes all necessary measures to ensure that data is processed securely and in accordance with this privacy policy when shared with third parties.
Data Transfer Outside the European Union
Babbar processes data within the European Union and retains it within the same region.
In the case of international transfers outside the European Union, a distinction must be made:
- Countries that have received an adequacy decision from the European Commission: in this case, data is transferred to a country that ensures a level of protection deemed sufficient and appropriate under European data protection regulations; and
- Countries whose level of data protection has not been recognized as adequate: in this case, to ensure a compliant transfer under European regulations, and particularly to ensure the security of the data, Babbar will base its transfer on appropriate protection mechanisms for each service provider and subcontractor, such as the conclusion of standard contractual clauses approved by the European Commission, the application of binding corporate rules, or under an approved certification mechanism.
If Babbar is required to transfer data outside the European Union, the data will be transferred to a country providing a level of protection deemed sufficient and adequate.
Rights Related to Personal Data
Any person whose personal data has been collected and processed as part of the implementation of this privacy policy has the following rights:
- The right to access their personal data;
- The right to correct any errors in the files;
- The right to delete their personal data, limit its processing, or object to its processing;
- The right to withdraw their consent;
- The right to object to receiving future marketing communications;
- In certain circumstances, the right to have this information transferred to a third party;
- The right to define general and specific guidelines on how their rights should be exercised after their death by sending an email to support@yourtext.guru or by mail to Babbar, 72 rue de la République, 76140 Le Petit-Quevilly.
Contact and Complaints
Anyone has the right to file a complaint with the CNIL (French Data Protection Authority). Any questions raised in this Policy and any requests to exercise the rights of the concerned person are handled by the Data Protection Officer, who can be contacted as follows: by email at dpo@babbar.tech, or by mail at Babbar, 72 rue de la République, 76140 Le Petit-Quevilly.
Any request to exercise access, correction, deletion, or limitation of processing rights must be accompanied by a copy of the applicant's identification document.
Status of this Privacy Policy
This privacy policy was updated on 09/12/2021. We reserve the right to modify it at any time to provide up-to-date information on how we collect and process data.