Terms of use
GENERAL TERMS AND CONDITIONS OF SERVICE
Version applicable as of 30 June 2026
ARTICLE 1. SUBJECT MATTER AND SCOPE
These general terms and conditions of service (hereinafter the "General Terms") are intended to define the conditions under which Yoma Studio, a simplified joint-stock company (société par actions simplifiée) with a share capital of 1,219.20 euros, whose registered office is located at 3, rue Jules Guesde – 91130 Ris-Orangis, registered with the Evry Trade and Companies Register under number 939 664 660, operating under the trade name "GetMint" (hereinafter the "Service Provider"), provides to its professional clients (hereinafter the "Client") services consisting of the provision of a software solution in SaaS mode known as "GetMint" (hereinafter the "Software") enabling Clients to track and optimise their visibility in artificial intelligence search engines, as well as associated analysis, advisory and support services (hereinafter the "Services"). The Service Provider and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties".
These General Terms constitute the basis of the contractual relationship between the Parties and are systematically communicated to every Client, to enable it to subscribe to the Service Provider’s Services.
These General Terms apply without restriction or reservation to all Services provided by the Service Provider to Clients, regardless of any clauses that may appear in the Client’s documents, including in particular its general terms of purchase. The General Terms shall prevail over any general terms of purchase or any other document issued by the Client, unless expressly, previously and in writing accepted by the Service Provider.
Any subscription to the Services implies the Client’s unreserved acceptance of these General Terms. The Client undertakes to read them carefully before entering into any subscription.
The information contained in the Service Provider’s commercial materials and documentation is provided for indicative purposes only and may be amended at any time. The Service Provider reserves the right to make any modifications it deems appropriate.
ARTICLE 2. DEFINITIONS
For the purposes of these General Terms, the following terms shall have the meaning assigned to them below:
"Authorised Users": means any employee, contractor or representative of the Client authorised pursuant to the Purchase Order to access the Software.
"Data": means all information, documents, access credentials and elements, structured or otherwise, provided by the Client and necessary for the proper performance of the Software and the execution of the Services by the Service Provider, including in particular access to analytical tools, brand guidelines and internal documents, as well as any data useful for analysis. Such Data remains the exclusive property of the Client.
"Deliverables": means all reports, analyses, recommendations, produced or optimised content, briefs and any other deliverable produced specifically for the Client in the course of the performance of the Services.
"Documentation": means these General Terms, the Purchase Order and any written documentation accompanying the Software and/or the Services.
"Purchase Order": means the contractual document signed by the Client specifying the financial conditions, the description of the Services ordered and, where applicable, the number of Authorised Users.
ARTICLE 3. SUBSCRIPTION
The Client subscribes to the Services by signing a Purchase Order. The Service Provider confirms acceptance of the Purchase Order in writing. The contractual relationship shall be deemed entered into upon such acceptance by the Service Provider. The Purchase Order may, where applicable, contain special conditions that modify, supplement, complement or clarify these General Terms. In the event of any conflict, the provisions of the special conditions shall prevail.
The Service Provider may at any time decline to process a Purchase Order or request advance payment where the Client has any outstanding sums due to the Service Provider. Unless expressly agreed by the Service Provider, the Client may not assign or transfer the benefit of its subscription, such subscription being personal to the Client and non-transferable.
Any modifications requested by the Client may only be taken into account, within the limits of the Service Provider’s capabilities and at its sole discretion, if they are notified in writing and are the subject of an amendment to the Purchase Order signed by both Parties, with any price adjustment as applicable.
The Client acknowledges and accepts that any subscription to the Services formalised by a Purchase Order accepted by the Service Provider constitutes a firm and definitive commitment. Accordingly, the full price of the Services set out in the Purchase Order shall be due by the Client, regardless of the circumstances, including in the event of cancellation, early termination at the Client's initiative, non-use of the Software or total or partial waiver of the Services. No cancellation, suspension or reduction of the Services shall give rise to any refund, credit, rebate or price reduction in favour of the Client.
ARTICLE 4. LICENCE
Subject to full compliance by the Client with all of its obligations under these General Terms, the Service Provider grants to the Client, for the entire duration of the contractual relationship, a revocable, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable licence, enabling it to use the Software in accordance with the Purchase Order and the Documentation, solely for the Client’s internal business purposes.
In this respect, the Client undertakes not to:
(i) modify, create derivative works of, disassemble, decompile, reproduce or distribute all or part of the Software;
(ii) use the Software or the Documentation in violation of applicable laws and regulations;
(iii) disclose, share, expose, repackage or make accessible to third parties, directly or indirectly, any application programming interface ("API") of the Service Provider or any technical element of the Software;
(iv) allow a third party to modify the parameters or other implementation details of the Software as provided in the Purchase Order and the Documentation.
The Client shall ensure that only Authorised Users access the Software and use it in accordance with these General Terms and the Purchase Order. Any creation, extension or use of access beyond the number of Authorised Users, or any use that does not comply with the terms hereof, shall be subject to dedicated invoicing on the basis of rates then in force.
ARTICLE 5. OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider shall provide the Services to the Client and deliver the Deliverables in accordance with the specifications set out in the Purchase Order. The Service Provider further undertakes to:
(i) provide access to and operation of the Software and remedy any malfunctions in order to bring it into conformity with the specifications of the Documentation and the Purchase Order. However, the Client acknowledges that the availability of the Software may be affected by planned maintenance operations, technical developments or corrections, or unplanned interruptions resulting from circumstances beyond the Service Provider’s reasonable control;
(ii) notify the Client, to the extent possible, at least twenty-four (24) hours in advance of any planned unavailability of the Software. The Client acknowledges and accepts that unplanned unavailabilities cannot, by their nature, be subject to advance notice;
(iii) provide all necessary assistance to the Client to resolve incidents relating to the operation of the Software. The Service Provider shall endeavour to respond to the Client within a reasonable time, depending on the severity of the incident. The Service Provider may be contacted by email at contact@getmint.ai between 9 a.m. and 6 p.m., Monday to Friday, excluding public holidays.
The Service Provider makes no representation and gives no warranty that the functions performed by the Software and/or the Deliverables will meet the Client’s requirements, that the operation of the Software will be uninterrupted or error-free, or that all defects in the Software will be corrected.
Suggestions, recommendations, analyses or any other output generated by the artificial intelligence functionalities of the Software and potentially integrated into the Services are provided for purely indicative purposes and must be subject to human assessment and verification before any use. The Client remains solely responsible for the interpretation, verification and use of the results produced by such functionalities. The effectiveness, relevance and reliability of the results may depend on multiple external factors, such as the quality, completeness and currency of the Data provided by the Client, or the evolution of algorithms, learning models or third-party sources, including search engines or external databases. Accordingly, the Service Provider does not warrant the accuracy, completeness or suitability of the results generated to the Client’s specific needs, and disclaims all liability for any damage, loss or prejudice resulting from the use of or reliance on these results or recommendations generated by the artificial intelligence functionalities.
The Client acknowledges and accepts that the Services and the Software may be modified or updated at any time in order to improve their performance, security or functionality. The Service Provider may accordingly modify, update or improve the Software without the Client's prior consent, provided that such changes do not substantially impair the essential characteristics of the Services as described in the Purchase Order. In the event of a material modification to the Software, the Service Provider shall inform the Client in writing. The Client shall have a period of fifteen (15) calendar days from receipt of such notification to notify the Service Provider in writing of its objection to such modification. In the absence of objection within this period, the modification shall be deemed accepted by the Client. In the event of objection notified within the above period, the Client may terminate the contractual relationship, such termination taking effect upon the expiry of a fifteen (15)-day notice period from receipt by the Service Provider of the notification of objection, without such termination giving rise to any right to compensation in favour of either Party.
ARTICLE 6. OBLIGATIONS OF THE CLIENT
The Client undertakes to:
(i) provide the Service Provider with all information and Data, including those specified in the Purchase Order. The Client warrants that the Data provided is accurate, complete, up-to-date, lawful and collected in accordance with applicable laws and regulations, and that it holds all rights and authorisations necessary to transmit such Data;
(ii) provide all assistance that the Service Provider requires to perform its obligations;
(iii) validate, complete or comment on any Deliverable within five (5) business days of its delivery by the Service Provider. In the absence of such response, validation of the Deliverable shall be deemed to have occurred;
(iv) make available to the Service Provider all competent and available personnel to facilitate the coordination and monitoring of the Services;
(v) ensure the security and confidentiality of all of its access credentials to the Software. The Client warrants compliance with this obligation on behalf of the Authorised Users and undertakes to immediately inform the Service Provider of any unauthorised access to and/or use of the Software.
The Client declares and warrants that it holds all rights and powers necessary to provide the Data to the Service Provider, and that such Data has been collected, processed and transferred in accordance with all applicable laws and regulations.
ARTICLE 7. FINANCIAL CONDITIONS
In consideration of the grant of the licence for the Software and the provision of the Services, the Client undertakes to pay the amounts set out in the Purchase Order. Prices are stated in euros and exclusive of taxes.
Invoices are payable by bank transfer within thirty (30) days of the issuance of the invoice, to the bank account indicated by the Service Provider, unless otherwise stipulated in the Purchase Order.
When, beyond the stipulated payment period, payment has not been made, the following shall automatically become due, without prejudice to any claim for damages and without prior notice or demand being required: (i) late payment penalties, at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, in accordance with article L. 441-10 of the French Commercial Code; and (ii) a fixed indemnity for recovery costs, the amount of which is set by article D. 441-5 of the French Commercial Code.
The Service Provider reserves the right to suspend access to the Software as well as ongoing Services, in the event of late payment of any invoice, after having demanded payment by registered letter with acknowledgement of receipt and/or by email that has remained without effect seven (7) days after receipt, as evidenced by the date of first attempted delivery. Such suspension shall not be considered as a termination by the Service Provider, nor shall it give rise to any right to compensation for the Client.
ARTICLE 8. TERM
The duration of the Services is determined in the Purchase Order.
Upon expiry of the initial term, the contractual relationship shall be automatically renewed by tacit renewal for successive periods of the same duration, unless one of the Parties notifies the other in writing of its intention not to renew, by registered letter with acknowledgement of receipt, at least three (3) months before the expiry of the current period.
ARTICLE 9. TERMINATION
Either Party may terminate the contractual relationship as of right, without prejudice to any damages to which it may be entitled, by registered letter with acknowledgement of receipt, in the event of a serious or repeated breach by the other Party of its contractual obligations that has not been remedied within thirty (30) days following receipt of a written notice of default sent by registered letter with acknowledgement of receipt.
In the event of early termination of the contractual relationship by the Client, for any reason whatsoever, save where such termination is attributable to a breach by the Service Provider, all sums due under the Purchase Order for the remainder of the current commitment period shall become immediately due and payable as of right on the effective date of termination, by way of indemnity. The Client acknowledges that this indemnity represents fair compensation for the resources and means committed by the Service Provider to the performance of the Services for the entire agreed contractual term. Payment of this indemnity shall not preclude the Service Provider from exercising any other right or remedy available to it under these General Terms or applicable law.
ARTICLE 10. EFFECTS OF TERMINATION
Upon termination of the contractual relationship, for any reason whatsoever, the Client’s access to the Software and the Services shall be immediately interrupted.
Upon the Client’s written request, to be submitted within thirty (30) days after the cessation of the contractual relationship, the Service Provider undertakes to return to the Client, in a standard usable format, all of the Client’s Data. Beyond this period, and unless required by law to retain such Data, the Service Provider shall permanently delete the Client’s Data within sixty (60) days following the end of the contractual relationship.
ARTICLE 11. INTELLECTUAL PROPERTY
Each Party retains ownership of its trademarks, logos, trade names, graphics, software, patents, databases, distinctive signs and, more generally, all intellectual and industrial property rights. In particular, the Software (and all intellectual property rights attaching thereto) is and remains the exclusive property of the Service Provider. The Client undertakes not to reproduce any element of the Software’s code, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
Notwithstanding the foregoing, the Service Provider assigns to the Client, on an exclusive basis, subject to payment in full of all sums due to it, the intellectual property rights relating to the Deliverables produced specifically for the Client. This assignment includes the rights of reproduction, representation, adaptation, modification and commercialisation, worldwide and for the entire legal duration of literary and artistic property rights.
The Client acknowledges that any comment, suggestion, idea, request for improvement or recommendation provided by the Client to the Service Provider regarding the Services, the Software and/or the Documentation (the "Feedback") may be freely used by the Service Provider for any purpose whatsoever, including for commercial purposes, without any remuneration or consideration being due to the Client. The Client assigns to the Service Provider, on an exclusive, irrevocable and gratuitous basis, all intellectual property rights relating to the Feedback, worldwide and for the legal duration of protection of such rights.
The Service Provider warrants the Client against any claim by third parties on the grounds of infringement resulting from the use of the Software and/or the Services by the Client in accordance with these General Terms. The Service Provider shall bear all damages, costs and ancillary sums finally awarded against the Client by a court of competent jurisdiction, provided that the Client (i) immediately informs the Service Provider in writing of any claim, (ii) grants the Service Provider full authority to conduct the defence, and (iii) provides all necessary assistance. No warranty shall apply where the claim results from acts not authorised under these General Terms or from the misconduct of the Client. In any event, the Service Provider’s liability under this article is subject to the liability cap set out in the "Liability" article of these General Terms.
ARTICLE 12. PERSONAL DATA
The Parties undertake to comply with the applicable regulations on the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, as well as Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and civil liberties.
The terms and conditions of collection and processing of personal data by the Service Provider are described in the Service Provider’s privacy policy, available on its website, which forms an integral part of these General Terms. The Client acknowledges having read and accepted the terms thereof.
ARTICLE 13. CONFIDENTIALITY
Each Party undertakes to keep strictly confidential all information concerning the technology, methodology, know-how, trade secrets, business and operation of the other Party, of whatever nature, that it may access in the course of the performance of the contractual relationship, that is identified as confidential at the time of its transmission, or that is confidential by its nature. The Parties acknowledge that the existence and terms of the contractual relationship are considered confidential.
The following shall not be considered confidential information:
(i) information that is, or falls into, the public domain without this being attributable to the receiving Party;
(ii) information known to the receiving Party prior to its disclosure;
(iii) information communicated to the receiving Party by a third party without breach of a confidentiality obligation; or
(iv) information independently developed by the receiving Party.
The Parties shall not be subject to any restriction where the disclosure of confidential information is required by applicable laws and regulations or required by any public or judicial authorities, provided that the other Party is informed as soon as possible. This confidentiality obligation shall remain in force for the duration of the contractual relationship and for a period of five (5) years following its cessation.
ARTICLE 14. LIABILITY
Each Party shall be liable to the other Party for any breach of its obligations hereunder.
The Service Provider’s liability is limited to direct damages caused to the Client that are exclusively attributable to it and that result from a proven fault, to the exclusion of all indirect and consequential damages of whatever nature, such as loss of profits, loss of customers, loss of opportunity, reputational damage, or financial or commercial harm.
In the event that the Service Provider incurs liability, its aggregate liability, for all causes and damages combined, shall be limited to the amount of fees actually paid by the Client to the Service Provider during the twelve (12) months preceding the event giving rise to the claim.
The Service Provider shall not be held liable in the event of:
(i) use of the Software in a manner that does not comply with or is not authorised by these General Terms or the Documentation;
(ii) modification or alteration of the Software not carried out or not authorised by the Service Provider;
(iii) use of the Software when the Service Provider had recommended suspending its use;
(iv) damage resulting from any act, omission or negligence of the Client;
(v) use of the Software with hardware, software or environments that are incompatible with or not authorised by the Service Provider;
(vi) unavailability resulting from failure of telecommunications networks or any other technical infrastructure outside the Service Provider’s control.
The Parties agree to a contractual limitation period of two (2) years for all claims arising from the contractual relationship.
ARTICLE 15. COMMUNICATIONS
The Parties may communicate, jointly or separately, on the existence of the contractual relationship in compliance with the elements protected by confidentiality.
The Client expressly authorises the Service Provider, free of charge and worldwide, for the entire duration of the contractual relationship and for a period of two (2) years after its expiry, to:
(i) use its corporate name, trade name, trademark and/or logo as a commercial reference, on any communication medium, whether internal or external, regardless of format or mode of distribution;
(ii) request the Client’s participation in communication and marketing activities, including in particular client testimonials, experience sharing, case studies, interviews, webinars or events, without such request entailing any obligation to participate;
(iii) produce, with the Client’s prior agreement on the principle of filming, video, audio or photographic recordings in the context of experience sharing or testimonials, and use such content for communication and promotional purposes;
(iv) translate, adapt, subtitle or dub such content, including by means of artificial intelligence tools, without altering the meaning or damaging the image or reputation of the Client;
(v) use, reproduce, represent, broadcast, adapt and/or integrate all such content, in whole or in part, on any medium and through its communication channels, for purposes strictly related to commercial reference, marketing or promotion of the Services.
The Client may, at any time, revoke this authorisation by written notification addressed to the Service Provider. The Service Provider undertakes to use its best efforts to remove the relevant content within thirty (30) days of receipt of such notification.
The Client warrants that it holds all rights and authorisations necessary, in particular with respect to image rights and intellectual property, to grant the authorisations set out herein. The Service Provider undertakes not to damage the image, reputation or interests of the Client in the use of the aforementioned elements. This authorisation does not entail any assignment of the Client’s intellectual property rights, which remain its exclusive property.
ARTICLE 16. FORCE MAJEURE
Neither Party shall be held liable for any breach or delay in the performance of its obligations if such breach or delay is due to an event of force majeure as defined by article 1218 of the French Civil Code and French case law.
The following shall in particular be considered events of force majeure: wars, social unrest, terrorist attacks, severe weather conditions, epidemics, earthquakes, floods, fires, blockage of means of communication, transport or supply, including telecommunications networks.
The Party affected by the event must promptly inform the other Party of its inability to perform its obligations and provide evidence thereof. The performance of the obligations is suspended for the entire duration of the force majeure event if it is temporary and does not exceed thirty (30) calendar days.
If the impediment is permanent or exceeds sixty (60) calendar days, the contractual relationship shall terminate automatically by operation of law.
The Parties expressly agree to waive the benefit of article 1195 of the French Civil Code relating to unforeseen changes in circumstances (“révision pour imprévision”).
ARTICLE 17. ASSIGNMENT
The Client may not assign its rights and obligations under the General Terms and the Purchase Orders without the prior written consent of the Service Provider. Any unauthorised assignment shall be deemed null and void and may result in the immediate termination of the contractual relationship.
By way of exception, the Service Provider may transfer the benefit of the contractual relationship to any legal entity forming part of its group within the meaning of article L. 233-1 of the French Commercial Code.
ARTICLE 18. MISCELLANEOUS PROVISIONS
Good faith – Each Party undertakes to perform its obligations in good faith.
Severability – If any provision of these General Terms is held to be invalid or declared as such by a final decision of a competent court, it shall be severed from these General Terms and the remaining provisions shall retain their full force and effect.
Entire Agreement – These General Terms, together with the Purchase Order, express the entirety of the Parties’ agreement with respect to their subject matter and consequently supersede and replace all prior commitments, representations or agreements entered into between them in relation to this subject matter.
Non-waiver – The failure of either Party to enforce any of its rights under these General Terms shall not be construed as a waiver of its right to exercise such right.
Headings – The headings of the articles of these General Terms are for indicative purposes only and have no contractual value. In the event of any conflict between a heading and the body of an article, the body of the article shall prevail.
Amendments – The Service Provider reserves the right to amend these General Terms at any time. The Service Provider shall notify the Client of any amendment to the General Terms in writing (including by email) at least thirty (30) days before their entry into force. In the absence of written objection by the Client within this period, the amended General Terms shall be deemed accepted by the Client and shall automatically apply to the ongoing contractual relationship. In the event of objection by the Client notified within said period, the Parties shall agree, at the Client’s option, either (i) to continue the contractual relationship under the General Terms in force on the date of signature of the last accepted Purchase Order, or (ii) to terminate the contractual relationship, such termination taking effect upon expiry of a notice period of thirty (30) days from the notification of the objection, without any Party being entitled to compensation as a result of such termination.
ARTICLE 19. ELECTRONIC SIGNATURE
In accordance with the provisions of article 1367 of the French Civil Code, the Parties agree that these General Terms and any Purchase Order may be executed in electronic form by means of an electronic signature service. Each Party agrees to recognise such electronic signature as having the same value as their handwritten signature and to accept the date recorded by the electronic signature service as the date of execution.
ARTICLE 20. GOVERNING LAW AND JURISDICTION
These General Terms and the Purchase Orders shall be governed by French law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
ANY DISPUTE RELATING TO THESE GENERAL TERMS AND/OR THE PURCHASE ORDERS, INCLUDING IN PARTICULAR THEIR VALIDITY, INTERPRETATION, PERFORMANCE OR TERMINATION, THAT THE PARTIES HAVE BEEN UNABLE TO RESOLVE AMICABLY, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE PARIS ECONOMIC ACTIVITIES COURT (TRIBUNAL DES ACTIVITÉS ÉCONOMIQUES DE PARIS), NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR THIRD-PARTY PROCEEDINGS (APPEL EN GARANTIE), EXCEPT WHERE THE LAW AND/OR REGULATIONS CONFER EXCLUSIVE JURISDICTION ON THE CIVIL COURT (TRIBUNAL JUDICIAIRE), IN WHICH CASE THE PARIS CIVIL COURT SHALL HAVE JURISDICTION.
Legal Entity:
YOMA STUDIO (SAS) with a share capital of €1,000
Registered office: 60 rue François 1er, 75008 Paris, France
Registered with the Paris Trade and Companies Register (RCS) under number 938 624 061