Terms of Use

1 Purpose of these Terms of Use

These Terms of Use (hereinafter "Terms") are intended to define the terms and conditions under which B-Smart Builder makes available to its users its SaaS platform, including Website Builder, System Builder and Video Builder.

B-Smart Builder is a service published and operated by the company B-High-Tech & More (hereinafter the "Publisher"). These Terms govern the rights and obligations of the Publisher and of any natural or legal person (hereinafter the "User") accessing the services offered.

2 Definitions

• Platform:all the online B-Smart Builder services, published by the company B-High-Tech & More.
• User: any person with an active account or browsing the Platform.
• Credits: prepaid units, purchased in packs, consumed to generate sites, systems or videos via the Platform.
• Generated Content: websites, systems, videos and other productions created via the Platform.
• Account: personal space accessible via confidential credentials.

3 Acceptance of terms

Access to and use of the Platform implies full and complete acceptance of these Terms of Use. The User acknowledges having read them and accepts them without reservation when creating their account.

4 User registration and account

4.1 Account creation

Creating an account is necessary to access paid services. The User agrees to provide accurate, complete and up-to-date information during registration.

4.2 Credential security

The User is solely responsible for the confidentiality of their credentials. Any connection made with these credentials is deemed to be made by the User themselves.

4.3 Legal capacity

Registration is reserved for adults with legal capacity to contract, or for legal entities represented by an authorized representative.

5 Service description

B-Smart Builder offers three main services:

• Website Builder: automated creation of professional websites from a natural language description.
• System Builder: generation of custom business applications (CRM, ERP, specialized platforms).
• Video Builder: production of animated and explanatory videos from a script.

Builders are used on a pay-per-use basis with credits purchasable on the Buy credits.

6 Pricing and payment terms

Prices are indicated in US dollars (USD) and can be viewed at any time on the Platform's pricing page.

6.1 Billing

Credits are purchased individually (in packs), through a single, one-time payment. There is no subscription or recurring charge. Payment is made by bank card via our secure payment provider.

6.2 No recurring charges

The Platform does not operate on a subscription basis: no amount is charged automatically or renewed. The User pays only for the credits they purchase, at the time they purchase them.

6.3 Payment default

In case of payment default, B-Smart Builder reserves the right to suspend access to services after prior notification to the User.

6.4 Prepaid credits

Some features of the Platform run on prepaid credits, sold in packs. Each website generation consumes a number of credits shown before launch (for example, a static website costs a set number of credits).

Credit prices are shown exclusive of taxes; any applicable taxes are added at the time of payment. Credits are tied to the User's account and remain usable as long as the account is active.

7 User obligations

The User agrees to:

• Use the Platform in accordance with applicable laws and regulations;
• Not generate illegal, defamatory, hateful content or content infringing on third-party rights;
• Not attempt to circumvent the technical limits of their account;
• Not use the Platform to host spam, malware or phishing;
• Respect the intellectual property rights of B-Smart Builder and third parties.

8 Intellectual property

8.1 Platform ownership

All elements composing the Platform (code, design, logos, trademarks, texts) are the exclusive property of B-Smart Builder and are protected by intellectual property law.

8.2 Generated content

The User retains full ownership of the content they generate via the Platform. However, B-Smart Builder has a non-exclusive license to host, display and present this content as examples (subject to the User's explicit consent for public showcase).

9 Personal data protection

B-Smart Builder is committed to protecting its users' personal data in accordance with applicable data protection laws.

To learn more about the collection, processing and storage of your data, please consult our Privacy policy.

10 Limitation of liability

B-Smart Builder implements all reasonable means to ensure the availability and quality of its services. However, its liability cannot be engaged in case of:

• Service interruption due to scheduled maintenance or force majeure;
• Non-compliant use of the Platform by the User;
• Indirect damages (loss of revenue, loss of customers, etc.);
• Content produced by automated tools not exactly matching the User's subjective expectations.

The total liability of B-Smart Builder, if engaged, would in any case be limited to the amount paid by the User over the last 12 months.

11 Termination

11.1 Account closure by the user

The User may close their account at any time from their personal area. Closure is free of charge; any unused credits are not refunded (see article 6.4).

11.2 Termination by B-Smart Builder

B-Smart Builder may terminate a User's account in case of serious breach of these Terms, after formal notice remains unsuccessful for 15 days.

11.3 Data Retention

After termination, User data is retained for 30 days, during which reactivation is possible. Beyond that, it is permanently deleted.

12 Applicable Law and Jurisdiction

These Terms are governed by the laws of the United States. In the event of a dispute, and after an attempt at amicable resolution has failed, the matter shall be submitted to the competent courts of the place of establishment of the Publisher, B-High-Tech & More.

Before any legal action, the parties shall endeavor to amicably resolve any dispute relating to these Terms. Failing an agreement, the dispute shall be brought before the competent courts indicated above.

These terms are drafted in French; in the event of any discrepancy with a translation into another language, the French version shall prevail.