Privacy Policy
Updated 03/06/2025
Article 1 – LEGAL INFORMATION
This website, accessible at the URL https://www.lowgical.studio/ (the "Site"), is published by 12 Projects Tribe OÜ, a limited liability company governed by Estonian law, registered in the Estonian business register under the number 16873769, whose registered office is located at Sepapaja 6, 15551 Tallinn, Estonia, represented by its duly authorized manager.
(Hereinafter referred to as the "Seller").
The Site is hosted by Umso, Inc., a company whose registered office is located at 2261 Market Street #4559, San Francisco, CA 94114, USA.
The publication director is the legal representative of 12 Projects Tribe OÜ.
Article 2 - SCOPE
The purpose of these general terms of service (the "General Terms") is to define and regulate the contractual relationship between the Service Provider and any professional (a "Client") who has created an account and wishes to benefit from the services offered on the Site.
The provision of services to Clients on the Site is subject to the prior acceptance, without restriction or reservation, of these General Terms.
The General Terms are made available to Clients on the Site, where they can be consulted directly, and may also be provided to them upon simple request, by any means.
The General Terms apply regardless of any conflicting provisions contained in any document issued by the Client, in particular its general terms of purchase.
The General Terms apply subject to any conflicting provision contained in the purchase order or special terms, if any, agreed between the Company and the Client concerned.
Article 3 - DESCRIPTION OF SERVICES
The Site aims to offer the following online services:
Presentation of the Lowgical Studio offer
Email address collection
(hereinafter the "Services")
Each Service presented on the Site is accompanied by a description specifying its essential characteristics. This description may include descriptions, photographs and illustrations provided for informational purposes only and subject to modification/updates on the Site.
Article 4 - REGISTRATION CONDITIONS
Any Client wishing to fully benefit from the Site and Services must:
Have full legal capacity and act for strictly professional purposes.
Create a personal account on the Site by completing the registration form fields (business name, RCS number, contact name, email, telephone, etc.).
Confirm acceptance of the General Terms.
Confirm their registration.
Access to the Services is possible by logging into the Site from a computer, smartphone or tablet. Use of the Services requires a high-speed Internet connection and, if applicable, a mobile connection. Clients are responsible for the computer equipment and means of communication necessary to access the Site.
Services can only be accessed from one connection at a time.
When creating an account with an email address, the Client chooses a password that ensures the confidentiality of their account information.
To validate registration, the Service Provider sends a confirmation email to the address provided by the Client. The Client then activates their account by clicking on the provided link.
Each Client guarantees the truth and accuracy of the information provided at registration, undertakes to report any subsequent modification, and guarantees that this information does not infringe the rights of third parties.
The Client may modify this information as well as their login credentials and password from their account on the Site.
The Client undertakes not to disclose or transfer their account, login credentials and password, and remains solely responsible for their use until deactivation.
The Client must immediately inform the Service Provider of any loss or unauthorized use of their account.
The Service Provider reserves the right to delete the account of any Client who has provided inaccurate information.
Article 5 - ORDERS
Any Client wishing to benefit from the online Services on the Site must:
Log in to their Client account.
Provide the necessary information in the order form (name, address, email, telephone, etc.).
Confirm acceptance of the General Terms.
Confirm acceptance of the order for Services.
Choose their payment method.
Proceed with payment for the Services.
Unless expressly stated on the Site, the Client will not be able to modify their order once it has been validated, and it will be considered final and binding.
Upon receipt of payment, the Service Provider will send a confirmation email to the address provided by the Client. This email will summarize the essential characteristics of the Services ordered, the total price and any other relevant information. It will also contain an order tracking number.
By placing an order on the Site, the Client expressly accepts to receive an electronic invoice. However, they may request a paper invoice by contacting Customer Service.
To combat fraud, the Service Provider or its payment/delivery service providers may request additional documents or contact the Client. In the event of unjustified refusal to provide the requested information, the Service Provider reserves the right to refuse or cancel the order.
The Service Provider also reserves this right in the event of inaccurate information, non-payment, prior dispute or abnormal level of orders.
Article 6 - SERVICE PROVIDER OBLIGATIONS
The Service Provider undertakes to deploy the necessary resources for the proper execution of the Services and compliance with the General Terms and applicable laws.
It declares that it has the necessary skills and resources, and assumes full responsibility for the execution of the Services and the organization of its teams.
The Service Provider publishes the Services and hosts the content of Clients. It acts as a technical service provider and exercises no control over the legality, accuracy or sincerity of the content posted online by Clients.
Consequently, the Service Provider is qualified as a hosting provider within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004.
However, it undertakes to promptly remove any manifestly unlawful content reported, in particular by a Client.
The Service Provider endeavors to ensure access to the Site 24/7, but does not guarantee the absence of interruptions due to force majeure, outages or abnormal use.
It reserves the right to modify or improve the Site and Services at any time. General interruptions will be notified on the Site, except in urgent cases.
Article 7 - CLIENT OBLIGATIONS
Each Client undertakes to use the Site and Services in a fair and lawful manner in accordance with these Terms.
The data provided must be accurate and genuine, under their sole responsibility.
The Client undertakes in particular to:
Continuously comply with their legal, social, administrative and tax obligations.
Not modify the nature or conditions of provision of the Services without prior written agreement.
Pay for the Services as provided.
Not disseminate unlawful content or content that disrupts the normal functioning of the Site.
Immediately report any difficulty, abuse or fraudulent use.
In the event of violation of laws or third-party rights, the Service Provider may transmit any identifying information to the competent authorities.
Article 8 - COMPLAINTS
In the event of poor execution of Services, the Client must report their grievances within 30 calendar days in order to seek an amicable settlement within 30 additional days.
If no agreement is reached and in the event of serious failure by the Service Provider, the Client may terminate the Terms according to Article 17 and claim damages.
The Client expressly waives any forced execution or proportional price reduction (Articles 1221, 1222 and 1223 of the Civil Code).
Article 9 - SERVICE PROVIDER LIABILITY
The Service Provider is subject to an obligation of best efforts.
It cannot be held responsible:
In the event of force majeure (Article 1218 of the Civil Code).
In the event of errors or failures attributable to the Client.
If certain functionalities are inaccessible due to the deactivation of cookies.
In the event of incompatibility with the Client's equipment.
The Client is responsible for content uploaded to the Site and undertakes not to circumvent security measures.
The Client assumes the integrity and backup of their data, and waives any recourse against the Service Provider in the event of damage.
The Client will indemnify the Service Provider in the event of any claim related to their use.
The Service Provider cannot be held responsible for indirect damages (financial losses, loss of contracts, reputational damage, etc.).
Its liability is capped at the amount excluding tax paid by the Client over the past 12 months.
Any claim is barred after one year from discovery of the damaging fact (Article 2254 of the Civil Code).
Article 10 - RECORDING SYSTEMS
The computer records of the Service Provider and its partners, kept under reasonable security conditions, constitute proof of the communications and actions of Clients.
These elements are archived on durable media. The Client recognizes their evidential value and waives any challenge to them.
Article 11 - PERSONAL DATA
For any information regarding the use of personal data, please consult the Privacy Policy available on the Site.
Article 12 - HYPERLINKS
Links present on the Site may redirect to third-party websites. They are provided for the convenience of the Client, who accesses them at their own risk.
The Service Provider is in no way responsible for the content or products/services available through these sites.
The Client cannot create a link to the Site without prior written authorization.
Article 13 - INTELLECTUAL PROPERTY
The Service Provider is the sole owner of all content on the Site (texts, images, videos, software, logos, databases, etc.).
No content may be modified, reproduced, distributed, transmitted or exploited without the written authorization of the Service Provider.
Any extraction or use of databases or automated collection tools is strictly prohibited.
Subject to compliance with the Terms, a non-exclusive and non-transferable right of access is granted to the Client for personal and non-commercial purposes.
Article 14 - TERM - SUSPENSION - TERMINATION
In the case of one-time sales or under specific conditions, these General Terms are concluded for the duration of the provision of Services, as specified in the specific conditions or purchase order.
In the case of sales with successive performance, these Terms are concluded for an initial term of one (1) year. Unless terminated by notice at least one month before the end of this term, they are automatically renewed for an equivalent term, under the pricing conditions in effect on the renewal date.
The Service Provider reserves the right to temporarily or permanently suspend a Client's access in the event of non-compliance with their obligations.
The Service Provider or Client may also terminate the General Terms of right by written notification:
In the event of force majeure, according to Article 11;
After notice to remedy that remains unheeded for fifteen (15) days in the event of serious failure to comply with their obligations or applicable legislation, if this failure is remediable.
Article 15 - CONFIDENTIALITY
During the term of the General Terms, each party may have access to confidential information, documents or data concerning the other party.
Each party undertakes, on its own behalf and on behalf of its representatives, to maintain strict confidentiality of any information relating to the results, activities or clients of the other party, or received in the context of the contractual relationship.
This confidentiality obligation applies during the term of the Terms and for two (2) years after their expiration or termination.
Article 16 - NOTIFICATIONS
Any written notification required or authorized under these Terms will be validly made if sent:
By hand or by courier with acknowledgment of receipt,
By registered letter with acknowledgment of receipt,
By email (except in case of termination), to the contact address of the party concerned.
Each party designates its registered office as the notification address.
Any change of address must be notified to the other party using the same procedures.
Notifications will be deemed made:
On the date of hand delivery,
On the date of first presentation for registered mail,
On the date the email is sent.
Article 17 - SEVERABILITY – WAIVER
If any provision of these Terms is declared null or unenforceable by law or by a final court decision, it will be deemed non-existent, without affecting the other provisions.
The fact that the Service Provider does not avail itself of a provision, temporarily or permanently, will not constitute a waiver of the right to avail itself of it subsequently.
Article 18 - MODIFICATION
The Service Provider reserves the right to modify at any time, without notice, the content or location of the Site, the Services, and these General Terms.
Any use of the Site or Services after modification constitutes acceptance by the Client of the new Terms.
The most recent version will always be accessible on this page.
In the event of substantial modifications, Clients will be informed by email and must accept them upon their next login.
Article 19 - DISPUTES
Any disputes that may arise in the context of the contractual relationship between the Client and the Service Provider will be resolved amicably as much as possible.
Failing an agreement within a period of one (1) month from the notification, any dispute relating to the validity, interpretation, performance or termination of these General Terms shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia.
Article 20 - APPLICABLE LAW & CONTRACT LANGUAGE
These General Terms and the operations resulting from them are governed by Estonian law.
They are drawn up in French. In the event of translation into one or more foreign languages, only the French version will be authoritative in the event of dispute.