Terms of sale

1. Publisher and seller

Mixelligence, Auriel Metonou, sole trader (entreprise individuelle).
Registered office: 14 rue du Collège, 59480 La Bassée
SIRET: 884 804 220 00025
VAT not applicable, art. 293 B of the French CGI
Email: contact@mixelligence.fr
Site: www.mixelligence.fr

2. Description of the service

Mixelligence is a SaaS subscription service that automatically generates social media content (TikTok scripts, Instagram posts, Facebook publications) tailored to the client's profile and audience, delivered by email every week.

3. Plans and pricing

4. Free trial and subscription

A 7-day free trial is offered on sign-up. A valid payment card is required to activate the trial. No charge is made during the first 7 days. At the end of the trial, the subscription is automatically activated and billed monthly, unless cancelled before the end of the trial period.

5. Cancellation

The subscription can be cancelled at any time from your client area or by email at contact@mixelligence.fr. Cancellation takes effect at the end of the current billing period. No partial refund is granted.

6. Right of withdrawal

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to digital content supplied immediately after sign-up, with the consumer's express agreement. By subscribing and requesting immediate content generation, you expressly waive your 14-day right of withdrawal. If no content has yet been delivered, withdrawal remains possible within 14 days by contacting contact@mixelligence.fr.

6bis. 7-day satisfaction guarantee

As a commercial gesture, Mixelligence offers a satisfaction guarantee covering 7 days of effective use of the service from receipt of the first generated content, subject to all of the following conditions:

• The client must have effectively used the service for 7 days (onboarding completed, at least one content batch received and tested).
• The refund request must be sent by email to contact@mixelligence.fr within 7 days of receiving the first content, with a precise description of the dissatisfaction.
• The generated content must not have been published or used commercially on any platform.
• This guarantee can only be activated once per client (same name, email or payment method).
• Mixelligence reserves the right to request further justification and to verify that the conditions are met before granting a refund.
• In the event of a clearly abusive request (repeat use, content used despite a statement to the contrary, incomplete profile making generation impossible), Mixelligence reserves the right to refuse the refund and suspend access.
• This guarantee does not apply if the client has not completed their onboarding profile or has not provided the information needed to generate the content.

The refund, if granted, will be made to the original payment method within 5 to 10 business days. This guarantee is a commercial gesture and does not constitute a legal right.

7. Limitation of liability

The generated content is provided as a proposal and must be reviewed and adapted by the client before publishing. Mixelligence cannot be held responsible for the results obtained (reach, engagement, conversions) or for content published as-is without review. The competitive audit and advertising strategy (Agency plan) are provided as recommendations based on public data only.

8. Intellectual property

The content generated for the client is assigned to them for personal and commercial use. Mixelligence retains ownership of its tools, algorithms and methods.

9. Personal data protection (processing on your behalf, GDPR art. 28)

This article applies when the client (the subscriber) uses the Scheduling (online booking) and Quotes modules, which lead them to process the personal data of their own clients through Mixelligence. For this processing, the client is the data controller and Mixelligence acts as a processor within the meaning of GDPR Article 28.

• Subject and duration: processing for the duration of the subscription; appointments are automatically deleted 12 months after their date.
• Nature and purpose: displaying availability, recording and confirming appointments, creating and sending quotes, solely on the client's behalf.
• Data and data subjects: identification and contact data (name, email, phone), appointment reason; the subscriber's own end clients.
• Instructions: Mixelligence processes this data only on the client's documented instructions and for no other purpose (never resold or used for advertising).
• Confidentiality and security: restricted access, per-account isolation, encryption in transit (HTTPS); appropriate technical and organizational measures; persons authorized to process the data are bound by confidentiality.
• Sub-processors: Mixelligence notably uses Neon (database, EU), Vercel (hosting) and Resend (email); the list is in the privacy policy. The client gives a general authorization for these sub-processors. Mixelligence informs the client in advance of any addition or replacement, allowing the client to object within a reasonable time; in case of legitimate objection, the client may terminate the relevant module.
• Assistance and rights: Mixelligence assists the client in responding to data subject rights requests and in meeting its security and breach-notification obligations.
• Documentation and audit: Mixelligence makes available the information needed to demonstrate compliance with this article and allows audits, including inspections, by the client or a mandated third party, under reasonable conditions and with notice.
• Return of data: at the end of the service, data is deleted or returned at the client's request, unless a legal retention obligation applies.

As the data controller, it is the client's responsibility to inform their own clients of this processing and to have a legal basis (performance of a contract/pre-contractual measures or consent). The client agrees not to configure the module to collect special categories of data (GDPR art. 9, e.g. health data) without their own legal basis and required safeguards; in particular, the appointment "reason" field must not request sensitive data.

10. Governing law and disputes

These terms are governed by French law. In the event of a dispute, an amicable solution will be sought first. Failing that, the competent courts will be those of Mixelligence's registered office. For any consumer dispute, you may use mediation via mediateur-du-net.fr.