Terms of sale

1. Identification of the Seller – Information

This website, https://getmemoirs.com/, is published by THE ARTIST ACADEMY (hereinafter referred to as "the Site"), a simplified joint-stock company (SAS) with a share capital of €56,284, headquartered at 3 bis rue Jadin, 75017 Paris, France, and registered with the Paris Trade and Companies Register under number 838 153 443.

2. General Provisions Related to these Terms and Conditions of Sale (hereinafter referred to as “TCS”)

Purpose of the TCS

These TCS apply exclusively to the online sale of services by THE ARTIST ACADEMY on the Site.
The Site’s content is available to users for strictly personal use in the case of free content, and in exchange for payment for services provided by THE ARTIST ACADEMY.

The TCS and all contractual information on the Site are written in French.

Availability and Enforceability of the TCS

The TCS are made available to Clients on the website https://getmemoirs.com/ where they can be consulted directly, and may also be sent upon request by email or postal mail.

The TCS are binding upon the Client who acknowledges, by checking the appropriate box, that they have read and accepted them before confirming their order.

Order confirmation implies full and unreserved acceptance by the buyer of the TCS in effect at the date of the order, which are stored and reproduced by the professional seller in accordance with Article 1127-2 of the French Civil Code (former Article 1369-4).

Modifications to the TCS

THE ARTIST ACADEMY reserves the right to modify these TCS at any time.

In the event of any modification, the applicable TCS are those in force on the date of the order. A dated copy can be provided to the Client upon request.

TCS Clauses

The invalidity of one clause does not affect the validity of the other TCS clauses, unless it is a decisive and essential clause that led one of the parties to enter into the contract.

The temporary or permanent non-application of one or more clauses of the TCS by THE ARTIST ACADEMY shall not be considered a waiver of the other clauses, which remain in full force.

3. Products and Services

The memoirƨ application is designed to support users in writing their personal memoirs. The tool includes advanced features to simplify both the writing process and the layout.

Main Features

• Guided questionnaire: a series of structured questions to help organize the user’s story.

• Illustrations: possibility to add a limited number of personal photos to illustrate key moments.

• AI-assisted writing: suggestions for phrasing and style enhancement.

• PDF book generation: conversion of the content into a single document.
  The user understands that only one version of the book can be generated. However, the user may edit the file before producing a printed or digital book.

Additional Options

• Audio book generation: content is converted into as many audio files as there are chapters.
  The user understands that only one version of the audiobook can be generated. However, the user may preview a sample to validate the audio quality before generation.

The current offers are those displayed on the Site at the time of order placement. THE ARTIST ACADEMY reserves the right to change them at any time.

Compliance

The products and services comply with French regulations in effect at the time of their market placement, particularly regarding safety, consumer protection, and fair business practices.

Availability

Offers are subject to availability. The applicable offers are those displayed on the Site https://getmemoirs.com/ at the time the order is recorded. THE ARTIST ACADEMY reserves the right to modify them at any time.

4. Price

Sales Price

In accordance with Article L 112-1 of the French Consumer Code, the sales prices for each offer listed on the Site are indicated in euros, inclusive of all taxes and processing fees.

All orders, regardless of origin, are payable in euros.

The total amount due by the Client is indicated on the order confirmation page.

The sales price applicable is the one in effect on the day the order is placed.

In the case of promotional pricing, THE ARTIST ACADEMY agrees to apply the promotional price to any order placed during the advertised promotional period.

THE ARTIST ACADEMY reserves the right to modify its prices at any time, while ensuring the Client is charged the price applicable at the time of order confirmation.

Fees

The cost related to the remote communication technology used by the Client to place an order, consult the Site, and access digital content remains the Client’s sole responsibility.

5. Offer

Duration

Online sales offers presented on the Site are valid, unless otherwise stated, as long as the products appear on the Site and while stocks last.

Acceptance

The Client’s acceptance of the offer is validated, in accordance with the double-click process, by confirming the order.

Non-transferability of the Contract – Gift Option

The Client may not assign or transfer the rights granted under these TCS without prior written consent from THE ARTIST ACADEMY.

However, it is possible to offer products or services as a gift to a third party. To do so, the Client selects the desired offer, enters the recipient’s contact information and the date on which the gift should be sent. The recipient will receive an email on the selected date indicating that the gift was sent by the purchaser, along with activation codes to access their personal account. All necessary instructions will be included in the email. A confirmation email will also be sent to the purchaser.

6. Order

Steps to Finalize the Contract

To place an order, the Client fills their virtual cart with the selected offers, clicks the “Buy” button, and provides delivery and payment information.

Before clicking the “Pay” button, the Client has the opportunity to review the details of their order and the total price, and to return to previous pages to correct any errors or modify the order if necessary.

Confirmation of the order implies full acceptance of the TCS and constitutes the contract.

An email acknowledging receipt of the order and its payment will be sent by THE ARTIST ACADEMY as soon as possible.

Order Modification

Any modification to the order by the Client after confirmation is subject to acceptance by THE ARTIST ACADEMY.

7. Contract

Formation of the Contract

The sales contract is concluded when the Client sends the order confirmation.

Archiving and Proof

Communications, order forms, and invoices are archived on a reliable and durable medium to constitute a faithful and lasting copy, in accordance with Article 1360 of the French Civil Code. These communications, order forms, and invoices may be used as proof of the contract.

8. Payment

Due Date

The price is payable in full upon order confirmation. The Client selects their payment method at the time of ordering.

Payment Security

The Site employs a secure remote payment system using SSL encryption technology for data transfer over the internet.

Non-Payment

The contract becomes effective only upon receipt of the agreed payment.

9. Delivery

THE ARTIST ACADEMY commits to providing the Client access to the memoirƨ application upon order payment, using the email address and password chosen during account creation.

10. Accessibility

The Site and/or the memoirƨ Application are accessible 24/7 worldwide on compatible devices, provided the Client has subscribed to an appropriate offer.

THE ARTIST ACADEMY reserves the right to interrupt access without notice for technical interventions, maintenance, or in cases of Site misuse.

Clients are responsible for ensuring their devices and internet connection are compatible with the services.

Clients must keep their login credentials confidential and notify THE ARTIST ACADEMY immediately in case of unauthorized access.

11. Liability and Force Majeure

THE ARTIST ACADEMY's liability is limited to direct material damages, excluding indirect or non-material damages such as loss of profits or reputation. Total liability shall not exceed the amount paid by the Client for the concerned order.

THE ARTIST ACADEMY is not liable for non-performance due to force majeure events, including but not limited to wars, strikes, riots, natural disasters, technical failures, or unforeseen circumstances.

12. Personal Data

THE ARTIST ACADEMY, as data controller, processes your data to manage client relationships, including orders, account usage, marketing similar products/services, fraud prevention, and billing.

Data processing is based on this contract. Failure to provide required information may prevent access to content. Data recipients include billing and communication services, management, and potential subcontractors.

Data is retained for the duration necessary to fulfill the contract and comply with legal obligations. Payment data is securely stored by a payment service provider.

Clients can opt out of receiving marketing communications during the order process or via received messages.

In accordance with applicable regulations, you have rights to access, rectify, delete, limit, or object to the processing of your data, as well as data portability. You can also define directives regarding your data after death and lodge complaints with the CNIL.

Requests should be sent to: contact@getmemoirs.com or by mail to THE ARTIST ACADEMY, RGPD, 3 bis rue Jadin, 75017 Paris, France.

13. Cancellation and Refund

Under Article L 221-28 of the Consumer Code, the right of withdrawal does not apply to certain contracts, including:

• Services fully executed before the end of the withdrawal period with the consumer's prior consent.

• Goods made to the consumer's specifications or clearly personalized.

• Digital content not supplied on a tangible medium, with execution started after the consumer's prior consent and waiver of the right of withdrawal.

Once the withdrawal period has expired, no refunds will be issued. In cases of force majeure, THE ARTIST ACADEMY may issue a credit for future purchases.

14. Intellectual Property

All elements reproduced on the Site and classes are the exclusive property of THE ARTIST ACADEMY and are protected by copyright and trademark laws.

Any reproduction or distribution without prior written authorization from THE ARTIST ACADEMY may result in legal action.

15. Applicable Law, Mediation, and Jurisdiction

These Terms and Conditions are governed by French law.

If any provision is deemed illegal or unenforceable under current French law, the remaining provisions remain in effect. THE ARTIST ACADEMY will endeavor to replace such provisions with equivalent ones compliant with the law.

Interpretation and execution fall under the jurisdiction as provided by law.

Prior Complaint

In case of complaints or disputes, Clients should first contact THE ARTIST ACADEMY's customer service:

Email: contact@getmemoirs.com

Mediation and Alternative Dispute Resolution

If the dispute is not resolved by customer service within two months, Clients may seek mediation with Charline BASCONÈS:

Website: www.eponymeandco.fr

Email: mediateur@eponymeandco.fr

The mediator will attempt to facilitate an amicable resolution. Parties remain free to accept or reject mediation and any proposed solutions.