Terms of Use

• Publisher: ORBITALMZ SAS, a simplified joint-stock company (société par actions simplifiée) with share capital of €5,000, registered with the Grasse Trade and Companies Register (RCS) under number 108 992 595, registered office at 6 Chemin du Vallon Notre Dame, 06140 Vence, France.
• Site: the showcase website available at https://orbitalmz.com and its public subdomains (excluding app.orbitalmz.com, governed by separate terms).
• User: any person, professional or consumer, accessing the Site.
• Content: text, images, logos, graphic design, source code, interactive tools (including the online diagnostic) and all data published by the Publisher on the Site.
• Services: features made available free of charge on the Site: consultation of information, online diagnostic, booking of a video call.
• Diagnostic: online questionnaire, free and indicative, which describes the User's situation to prepare the video call.
• Video call: free 30-minute meeting, without commitment, booked via the Site's calendar.
• ToU: these Terms of Use.

These ToU define the terms of access to and use of the Site, in accordance with Article 1125 of the French Civil Code, which authorises the electronic provision of contractual terms.

Use of the Site constitutes full and unreserved acceptance of the ToU. Users who do not accept the ToU are invited not to use the Site.

The ToU may be amended at any time by the Publisher, without affecting bookings already confirmed. The applicable version is the one in force at the time of the User's connection. The last update date is indicated at the top of the document.

The Site offers free services without commitment:

• Informational content: presentation of ORBITALMZ's activity and of the situations it handles. The services described on the Site, in particular in artificial intelligence and digital transformation, are performed under an accepted quote and a written contract, which set their scope, deliverables, intellectual property rights and the conditions for using data.
• Online diagnostic: a questionnaire that describes the User's situation. Its answers are processed in the User's browser. The diagnostic displays no price, no quantified estimate and no offer.
• Video call booking: a free 30-minute meeting with OrbitalMZ, on a slot chosen in the Site's calendar. If the User books from the end of the diagnostic, the labels of their answers are attached to the booking; they can review and edit them before confirming. The booking form asks for the name, business email address and company; the other fields are optional. The User may invite other people to the call.
• Contact by email: the User may also write to contact@orbitalmz.com.

After the video call, the Publisher sends a quote where the need falls within its scope of work. Any service is subject to a quote accepted by the User and a separate written contract. The Site has no user account and no online sales.

The services are reserved for professionals (companies, associations, public bodies) acting for the purposes of their business.

The legal notice of the Publisher and the hosting provider, compliant with Article 1-1 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), is available on the Legal notice page.

All Content published on the Site, including the name "OrbitalMZ", the logo, graphic design, structure, editorial texts and source code of interface components, is the exclusive property of the Publisher or is subject to a duly acquired licence, in accordance with Article L.111-1 of the French Intellectual Property Code.

Any reproduction, representation, adaptation, extraction or reuse, in whole or in part, by any means whatsoever, without prior written authorisation from the Publisher, is prohibited and constitutes an infringement sanctioned by Articles L.335-2 et seq. of the French IP Code.

Open-source components used on the Site (in particular Next.js under MIT licence) are used in accordance with their respective licences.

When the User submits content via the booking form or by email, they retain all intellectual property rights. They grant the Publisher a non-exclusive, worldwide, free-of-charge licence, for the time needed to process their request, draw up the quote and follow up the relationship, within the limits of the Privacy Policy.

Third-party trademarks mentioned on the Site belong to their owners; they are mentioned for information purposes only, without any partnership or endorsement.

Personal data processing operations carried out via the Site are governed by the Privacy Policy, compliant with Regulation (EU) 2016/679 (GDPR) and French Act No. 78-17 of 6 January 1978 as amended.

The legal bases used are the performance of pre-contractual measures at the User's request (Art. 6-1-b GDPR) for the booking and holding of the video call, its preparation from the diagnostic answers, replies to emails and the sending of the quote, and the Publisher's legitimate interest (Art. 6-1-f GDPR) for following up its exchanges and the security of the Site.

The User may exercise their rights of access, rectification, erasure, restriction, objection and portability for any request relating to their personal data by writing to contact@orbitalmz.com. The User may also lodge a complaint with the CNIL.

The Site uses no advertising or tracking cookies and does not measure its audience. It only stores in the User's browser the information needed for it to work (language, display theme, dismissal of the information banner, diagnostic progress), which is exempt from consent pursuant to Article 82 of the French Data Protection Act.

Details are set out in Article 7 of the Privacy Policy.

The User undertakes to:

• use the Site in accordance with its informational and commercial purpose;
• not attempt to fraudulently access all or part of the Site, alter it, disrupt it or impede its operation, under penalty of the sanctions provided for in Articles 323-1 to 323-7 of the French Criminal Code;
• not substantially extract or reuse the Content of the Site for unauthorised purposes;
• provide, in the booking form, accurate and up-to-date information not concerning third parties without their consent;
• not transmit, via the booking form or the Site's tools, any unlawful, defamatory, insulting content, infringing on the privacy of others or on third-party intellectual property rights.

Any breach exposes the User to applicable legal sanctions and to the suspension of access provided for in Article 10.

The Publisher makes every effort to ensure the availability of the Site and the accuracy of published Content. However:

• The Site is provided "as is". The Content is for information purposes and does not constitute personalised legal, technical or financial advice.
• The online diagnostic is indicative: it produces no quantified estimate and no offer, and serves only to prepare the video call. The nature, scope and price of a service are set exclusively by the quote accepted by the User.
• The free video call is a first contact: the guidance given relies solely on the information provided by the User and does not replace an engagement defined by a quote.
• The Publisher is not liable for indirect damages, such as loss of turnover or damage to reputation, where they are not the direct consequence of a failure on its part.
• The Publisher's liability cannot be engaged in cases of force majeure, acts of a third party unrelated to the Publisher and its processors, or failure of the User's electronic communications network.

None of the provisions of this article is intended or has the effect of excluding or limiting the Publisher's liability in cases of wilful misconduct, gross negligence, damage to the User's life or physical integrity, or any other cause for which such limitation would be prohibited by law, in particular by Article L.212-1 of the French Consumer Code applicable to Consumer Users.

In the event of a serious breach of these ToU, in particular Article 8, the Publisher reserves the right to suspend, without notice or compensation, the access of the User concerned to the Site, by means of technical blocking (IP, device or equivalent identifier), without prejudice to any subsequent legal action.

As the Site does not operate any user account, no contractual termination procedure is applicable to the ToU.

The online diagnostic does not rely on any artificial intelligence system: its path follows fixed rules, and its answers produce no automated recommendation, estimate or offer. If the Site offers a tool based on artificial intelligence, the Publisher applies the transparency requirements of Article 50 of Regulation (EU) 2024/1689 (AI Act):

• the User is informed, before using it, that they are interacting with an artificial intelligence system;
• content generated by AI is presented as such and does not constitute a commercial commitment of the Publisher;
• no decision producing legal effects on the User is taken in a fully automated manner.

The User retains the right, provided for in Article 22 GDPR, not to be subject to a decision based solely on automated processing, and failing that, to obtain human intervention, express their point of view and challenge the decision.

Any person may report to the Publisher content they consider manifestly illegal published on the Site, by sending a message to contact@orbitalmz.com containing:

• the identification of the notifier (name, capacity, contact details);
• a precise description of the disputed content and its URL;
• the legal grounds for the alleged illegality.

The Publisher examines each report as soon as possible and corrects or removes the content concerned if it proves to be illegal.

These ToU are governed by French law.

In the event of a dispute relating to the performance or interpretation of the ToU, the parties undertake to seek an amicable solution first. OrbitalMZ's services are reserved for professionals; no sales or service contract is concluded with a consumer via the Site. Consumer mediation, which concerns disputes arising from a contract between a professional and a consumer (Article L.611-1 and Article L.611-3 of the French Consumer Code), therefore does not apply.

Failing amicable resolution:

• if the User contracted as a trader (commerçant), disputes fall under the exclusive jurisdiction of the Commercial Court of Grasse;
• for any other User, in particular a consumer or non-professional, the competent court is determined by the ordinary rules of law; a consumer may also bring proceedings before the court of the place where they lived when the contract was concluded or the harmful event occurred.

The jurisdiction rules of Article 48 of the French Code of Civil Procedure and the protection granted to consumers by Article 6 of Regulation (EC) No. 593/2008 (Rome I) are reserved.