These terms govern the use of the scale4win.fr site and of the services and software published by Scale4win (sole proprietorship (French micro-entrepreneur scheme), SIRET 517 789 525 00022, 59 boulevard Henri Dunant, 91100 Corbeil-Essonnes, France): online platform, products available from the site (for example MailAgent, PostOkee, Invoicing & Quotes, Godwish, MonStetto, Project management), Office add-ins and desktop applications (together, the “Services”). By creating an account, ticking the acceptance box, accepting them on the payment page when ordering or using a Service, you accept these terms. A signed contract or specific order form prevails over them in case of conflict. The French version of these terms prevails over this translation.
1. Account and access
- Access to the Services requires an account opened with a valid e-mail address (sign-up confirmed by link) or a Google, Facebook or SSO sign-in. You provide accurate information and keep it up to date.
- Your credentials are personal. You are responsible for keeping them confidential and for actions taken from your account; report any unauthorized use without delay to contact@scale4win.fr.
- An account belongs to a company. That company's administrator manages its members' access and the products opened.
2. Permitted use
You agree to use the Services lawfully and in accordance with these terms. In particular, you must not:
- attempt to access the data of another company or user, or circumvent security measures;
- disrupt the operation of the Services (mass sending, bots, unauthorized load testing);
- upload or distribute unlawful content, or content you are not entitled to use;
- resell, rent or make the Services available to third parties without written consent, or copy, decompile or modify them, except within the limits permitted by law.
3. Artificial intelligence
- Several Services rely on AI models (extraction of requirements and test cases, caption writing, MailAgent answers…). Their results are suggestions: they may be incomplete or inaccurate and must be reviewed by you before any use, publication or decision.
- Before anything is sent to an AI model, the personal data detected is automatically replaced (see the privacy policy). This automatic anonymization is not guaranteed to detect all data: do not submit information whose transmission is prohibited.
- Actions that change your data (for example labelling or trashing e-mails in MailAgent, publishing on a social network in PostOkee) are only carried out after your confirmation, or within the autonomy you have expressly granted.
4. Your content and third-party services
- You remain the owner of the documents, data and content you upload to or link with the Services. You grant Scale4win the sole right to process them in order to provide the Services; Scale4win then acts as a processor within the meaning of the GDPR, under section 15, except for PostOkee's public directory of community managers, the verification of training badges and Godwish Hotel Manager customer accounts, for which Scale4win is the controller.
- You warrant that you hold the necessary rights to the content you upload (documents, course material, media, CVs…) and, for the personal data it contains, a legal basis and that the data subjects have been informed. You indemnify Scale4win against any third-party claim in this respect.
- When you link a third-party service (Gmail mailbox, Instagram or TikTok account, ALM Octane…), you authorize Scale4win to access it within the limits of the permission you grant at that third party. You can withdraw it at any time, from the Service (“Unlink”) or at the third party. Use of those services remains subject to their own terms.
5. Pricing, payment and subscriptions
- Prices are those displayed on the site at the time of order. Scale4win benefits from the VAT exemption scheme: VAT not applicable, article 293 B of the French General Tax Code.
- Online payment is processed by Stripe; Scale4win does not receive your card details.
- Subscriptions, monthly or yearly, with or without commitment depending on the offer chosen, renew automatically at each due date until cancelled. Cancellation takes effect at the end of the period already paid; the current period is not refunded unless the law provides otherwise. You cancel online through the “Résilier votre contrat” (cancel your contract) link, from your account, or by e-mail to contact@scale4win.fr; an acknowledgement is sent to you.
- AI credits (“cookies”) are prepaid, attached to the account that buys them and consumed according to actual use; they are neither refundable nor convertible into money, subject to the consumer rights set out in section 14.
- Business customers: invoices are payable on receipt. Any amount unpaid when due automatically bears late-payment interest at three times the French statutory interest rate and a fixed recovery fee of €40 (article L441-10 of the French Commercial Code).
6. Installed software and licences
- Desktop applications and Office add-ins are licensed, on a non-exclusive and non-transferable basis, for your personal use or your company's internal use; they are not sold. Third-party components they install (for example a local AI engine or model) remain subject to their own licences.
- The My Library licence is granted for the term of the subscription, on one computer. It is checked offline and remains usable 7 days after expiry; without renewal, the application can no longer be used, your documents remaining on your computer.
- The licence for the local version of MailAgent is purchased once, for one user, and is activated on a single computer. It covers, with no time limit, the versions published up to the end date of your updates; the updates subscription pushes that date back. A change of computer can be requested at contact@scale4win.fr.
7. Availability and changes
Scale4win strives to keep the Services available, without guaranteeing uninterrupted operation: maintenance, updates or incidents, including at our hosting providers and at linked third-party services, may interrupt them. The Services evolve: features may be added, changed or removed.
8. Liability
- The Services are provided under a best-efforts obligation. Scale4win is not liable for decisions made on the basis of the results produced, in particular by AI, nor for indirect damage (loss of revenue, data or customers).
- For business customers, Scale4win's total liability, for all causes combined, is limited to the amounts paid for the Service concerned during the twelve months preceding the event giving rise to the claim. These limits do not apply in case of gross negligence or wilful misconduct, nor to damage that the law does not allow to be limited.
- You are responsible for the content you upload and for your use of the Services and of the results obtained.
9. Suspension and termination
You may stop using the Services and ask for your account to be closed at any time by writing to contact@scale4win.fr. Scale4win may suspend or close an account in the event of a serious breach of these terms, non-payment or a security risk, after prior notice except in emergencies. On closure, your data is deleted according to the periods stated in the privacy policy; you may request an export beforehand. If you use Invoicing & Prospects, export your invoices and your accounting entries file before closure: keeping them for 10 years is your responsibility.
10. Personal data
How we process your personal data is described in the privacy policy.
11. Intellectual property
The Services, their software, text, visuals, trademarks and logos are the property of Scale4win. These terms transfer no rights in them to you other than the right of use described above.
12. Changes to these terms
Scale4win may change these terms. The version in force is the one published on this page, with its update date. In case of a significant change, users with an account are informed by e-mail or within the Services before it takes effect.
13. Governing law and disputes
These terms are governed by French law. In case of difficulty, first write to contact@scale4win.fr to seek an amicable solution. Failing that, for business customers, the competent courts are those within the jurisdiction of Évry-Courcouronnes (France); consumers benefit from the jurisdiction rules set out in section 14. If you are a consumer, you benefit from the rights granted to you by consumer law.
14. Provisions specific to consumers
This section applies when you act for purposes outside your trade, business, craft or profession. It prevails over any conflicting clause of these terms.
- Right of withdrawal. You have 14 days from the conclusion of the contract to withdraw, without giving any reason and without bearing costs other than those provided for by law (articles L221-18 et seq. of the French Consumer Code). Simply send us an unambiguous statement, for example using the form below, to contact@scale4win.fr. We refund you no later than 14 days after receiving your decision, using the payment method used for the order.
- Subscription started during the withdrawal period. If you expressly asked for the service to start before the end of the withdrawal period and then withdraw, you pay an amount proportionate to the service provided until you communicated your decision (article L221-25).
- Licence for the local version of MailAgent (digital content). You only lose your right of withdrawal if download and activation began with your prior express consent and your acknowledgement of that loss (article L221-28, 13°). Without that consent being collected at the time of order, the right of withdrawal applies.
- Legal guarantee of conformity. Scale4win is liable for any lack of conformity of the digital content and services supplied (articles L224-25-12 et seq.): for two years from the supply of a licence, and for the whole term of a subscription. You obtain conformity free of charge or, failing that, a price reduction or termination of the contract. This guarantee is in addition to the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).
- Security updates. Regardless of the updates subscription, updates needed to keep the purchased local version in conformity, including security fixes, are provided free of charge for the period you can reasonably expect, and at least two years from purchase (article L224-25-25): on request to contact@scale4win.fr, your licence is extended to the corrective version.
- Renewal of subscriptions with commitment. If you were not informed, between three months and one month before the end of the commitment period, of the option not to renew your subscription, you may cancel it free of charge at any time from the renewal date (article L215-1).
- Liability. The exclusions and limitation of liability in section 8 do not apply to you: Scale4win is liable to you for damage under ordinary law.
- Changes to the Services. A change to the Services that negatively affects your access or use is notified to you at least 30 days in advance, on a durable medium; you may then cancel your subscription free of charge.
- Disputes. After a written complaint to contact@scale4win.fr, you may bring proceedings before the court of the place where you lived when the contract was concluded or when the harmful event occurred.
Withdrawal form (complete and return only if you wish to withdraw): “To Scale4win, 59 boulevard Henri Dunant, 91100 Corbeil-Essonnes, France, contact@scale4win.fr: I hereby give notice that I withdraw from my contract for the supply of the following service or digital content: … Ordered on … / received on … Name of consumer: … Address of consumer: … Date: … Signature (only if sent on paper).”
15. Processing of personal data on your behalf
When Scale4win processes personal data on your behalf (section 4), this section constitutes the contract required by Article 28 GDPR.
- Subject matter, duration and nature. Providing the Services you use, for the term of the contract: hosting, storage, AI analysis after pseudonymization, document generation, sending you trigger.
- Data and data subjects. Those you upload or link: depending on the product, your users, clients, prospects, applicants, patients, employees, people approving your posts; the privacy policy describes them product by product.
- Instructions. Scale4win only processes this data on your instructions, which are these terms and your use of the Services, and informs you if an instruction seems to infringe the regulations.
- Confidentiality and security. People authorised to process the data are bound by confidentiality. Security measures are described in the privacy policy (data isolation per company, encryption of secrets and connections, action log).
- Sub-processors. You authorise the use of the providers listed in the privacy policy. Any addition or replacement is published there at least 30 days in advance; if you object on legitimate grounds, you may cancel the Service concerned free of charge. Scale4win imposes equivalent obligations on them.
- Assistance. Scale4win helps you answer data subjects' requests, ensure security and carry out an impact assessment where needed, and notifies you of any personal data breach as soon as possible after becoming aware of it.
- End of contract. At the end of the contract, Scale4win returns the data to you on request and then deletes it, unless the law requires it to be kept.
- Audit. Scale4win makes available the information needed to demonstrate compliance with these obligations and allows audits, at your expense, with reasonable notice.
16. Provisions specific to certain products
- Godwish Hotel Manager. The accommodation contract is concluded between the guest and the hotel, which sets its prices, cancellation terms and its own legal notice and terms of sale; Scale4win provides the booking tool and is not a party to that contract. Booking funds are collected on the hotel's payment account.
- MonStetto. The consultation assistant helps write the consultation documentation: it makes no diagnosis and does not replace the practitioner's judgement, who reviews and validates each note. The practitioner informs patients and obtains their non-objection before any transcription.
- S4W for HR. The system ranks applications according to the criteria you set; it takes no decision. You remain solely responsible for your criteria, which must not rest on any discriminatory ground, for informing applicants and for your decisions.
- PostOkee. The agency or creator remains responsible for published content, its mandatory labels (“Publicité”, “Collaboration commerciale”, “Image retouchée”, “Image virtuelle”) and compliance with Instagram and TikTok terms. PostOkee's label check is an aid, not legal advice. The “PostOkee training completed” badge attests that an internal training was passed: it is neither a diploma, nor a title, nor a certification.
- RFP response evaluation. The ranking produced is an aid to analysis; awarding a contract is for the buyer alone, according to the criteria and weightings announced in the tender documents.
- Immo. Proposed listings and pitches must be reviewed; the agent remains responsible for mandatory mentions (energy performance certificate, fees) and the rules on canvassing.
Contact
Scale4win — 59 boulevard Henri Dunant, 91100 Corbeil-Essonnes, France — 06 51 67 02 94 — contact@scale4win.fr.