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Bergotte Terms of Use and Sale

Version 1.4 — effective 19 October 2026

This is an English translation of the French « Conditions générales d'utilisation et de vente », which are the reference version: in case of any difference, the French text prevails (article 51).

Contents

TITLE I — GENERAL PROVISIONS

Article 1 — The publisher

1.1. The Bergotte service is published and operated by Jade Coutu, a self-employed worker doing business as "Bergotte", established in Québec City (Québec), Canada, hereinafter "the Publisher" or "we". Postal address: to come.

1.2. Québec enterprise number (NEQ): to come.

1.3. The Publisher can be reached:

1.4. Information about the hosting of the service and the other mandatory notices is set out in the Legal notice, available from every page of the site.

Article 2 — Definitions

In these terms, the following words, whether used in the singular or the plural, have the meaning given below:

Article 3 — Purpose and scope

3.1. The Terms govern access to and use of the Service, and the sale of Subscriptions, between the Publisher and every User.

3.2. They apply to the exclusion of any other terms, in particular the User's own. Any derogation requires the Publisher's express written agreement.

3.3. The Subscription is sold by the Reseller, which acts as reseller (merchant of record): it collects the price, calculates, collects and remits the applicable taxes, and sends the User its receipts. The Reseller's terms apply to the purchase and the payment themselves. The Publisher remains solely responsible for the Service, its operation and the commitments made in these Terms, in particular the guarantees of articles 33 and 41. Where the Reseller's terms conflict with these Terms as regards the relationship between the User and the Publisher, these Terms prevail.

Article 4 — Acceptance

4.1. Creating an Account, and then taking out a Subscription, are subject to the express acceptance of the Terms. This acceptance is given by a positive act of the User: continuing to create their Account, signing in through an identity provider, or subscribing, while a statement placed immediately beside the button concerned informs them that this act constitutes acceptance of the Terms and of the Privacy Policy, and gives them access to their text.

4.2. The User acknowledges having been able to read, download and print the Terms before accepting them. The version in force remains accessible at all times from the Service.

4.3. The Publisher keeps a record of the date the Account was created and the date of subscription, and, where available, of the version of the Terms accepted. This record is binding between the parties unless proven otherwise; failing any other indication, the version accepted is the one in force on the date of the act.

Article 5 — The "alpha" nature of the Service

5.1. The Service is offered as a so-called "alpha" version, that is, a version under development made available to a limited number of users so that it can be tested and improved.

5.2. Accordingly, the User acknowledges and accepts that:

5.3. The Publisher takes reasonable measures to preserve the integrity of the Manuscript, including backups. The User is nevertheless encouraged to export their Manuscript regularly using the export feature provided for that purpose, and to keep a copy outside the Service.

5.4. The alpha nature of the Service in no way deprives the Consumer of the guarantees the law grants them and which cannot be waived.

TITLE II — THE ACCOUNT

Article 6 — Conditions for opening an Account

6.1. The Service is reserved for natural persons at least eighteen (18) years old with legal capacity to contract. By creating an Account, the User declares that they meet these conditions.

6.2. The Publisher may close, without notice, any Account it has reasonable grounds to believe was opened by a minor; the amounts paid for the current Period are then refunded.

6.3. An Account is personal. It may not be opened on behalf of a third party, nor with an identity or email address that does not belong to the User.

6.4. A single person may not open several Accounts in order to accumulate benefits, free or trial periods, promotional codes or Allowances.

Article 7 — Creation and confirmation

7.1. An Account is created either with an email address and a password, or through an identity provider offered by the Service (in particular Google).

7.2. The email address must be confirmed through the link sent by the Service before the Account can be used.

7.3. The User undertakes to provide accurate information and to keep it up to date.

Article 8 — Security of credentials

8.1. The User is solely responsible for keeping their credentials confidential and for any activity carried out through their Account, unless they show a fraudulent use that is not attributable to them.

8.2. They undertake to choose a strong password, not to reuse it on other services and not to share it with anyone. The Publisher never asks a User for their password.

8.3. The User informs the Publisher without delay, at bonjour@bergotte.com, of any unauthorised use of their Account or any breach of its security of which they become aware.

Article 9 — The Account cannot be transferred

The Account, the Subscription and the Allowance are strictly personal. They may not be assigned, lent, shared, resold or transferred, whether free of charge or for consideration.

TITLE III — THE SERVICE

Article 10 — Description of the Service

10.1. Bergotte is a text editor for writing novels, combined with reading features assisted by artificial intelligence. On the date of these Terms, the Service makes it possible in particular:

10.2. The above description is indicative. The exact content of the features available is what the Service presents at the time of use, subject to article 46.

10.3. Writing, keeping and exporting the Manuscript never depend on the Reading: the User can always write, even when the Reading is paused, turned off or unavailable.

Article 11 — Access to the Service

11.1. The Service is accessible online, through a recent browser and an Internet connection, the costs of which are borne by the User.

11.2. The Publisher endeavours to keep the Service accessible at all times, without being bound to do so. It may suspend access, in particular for maintenance, updates, security or in a case of force majeure, endeavouring to limit the duration and, where possible, to warn Users.

Article 12 — Reading the Manuscript

12.1. The Reading is triggered by importing a Manuscript or by viewing a page of the Service that needs it. Merely writing does not trigger a full Reading.

12.2. The User may ask for the Reading to be turned off for a novel, by writing to bonjour@bergotte.com; it is turned off within a reasonable time and the User is told so. While it is off, the text of that novel is sent to no artificial intelligence Provider, and the features that depend on the Reading are not available for that novel.

12.3. The Reading is carried out by automated processing. It may take some time, be interrupted, resumed or deferred, in particular when the Allowance has been reached or a Provider is unavailable.

Article 13 — Conversational and rewording features

13.1. Answers to the User's questions rely only on the passages of the Manuscript found by the Service. They may be incomplete or inaccurate.

13.2. Suggested rewordings are never applied to the Manuscript without an express action of the User.

Article 14 — Support

14.1. Support is provided by email, at bonjour@bergotte.com, within a reasonable time and without any commitment as to response time during the alpha phase.

14.2. To answer a support request, the Publisher looks at the Manuscript only if the User expressly allows it, for the part needed and for the time needed to handle the request.

Article 15 — Changes to the Service

The Publisher may change the Service, in particular its features, its appearance, the artificial intelligence models and the Providers used, in order to improve it, adapt it to technical developments or comply with the law, provided that these changes do not substantially reduce the essential features of the current Subscription; in that case, article 46 applies.

TITLE IV — YOUR CONTENT AND ARTIFICIAL INTELLIGENCE

Article 16 — Ownership of the Manuscript

16.1. The User retains all the rights they hold in their Manuscript and in the User Content. Nothing in the Terms transfers any intellectual property right in that content to the Publisher or to anyone else.

16.2. The Publisher claims no copyright, no co-authorship and no remuneration in the User's work, whatever help the Service may have given in writing it.

Article 17 — Licence granted to the Publisher

17.1. To make it possible to provide the Service, the User grants the Publisher a non-exclusive, free, worldwide, non-transferable licence — except in the case set out in article 53 — limited to what is strictly necessary to provide the Service to the User themselves, allowing it to host, reproduce, store, transmit to its Providers, analyse, convert into technical data (search indexes, mathematical representations) and display the User Content.

17.2. This licence is granted for as long as the User Content is kept by the Service, and ends when it is erased in accordance with article 39 and the Privacy Policy.

17.3. This licence expressly excludes:

17.4. The Publisher undertakes to use only artificial intelligence Providers whose contractual terms, in the version applicable to the Publisher, exclude the use of the data sent to them for training their models.

Article 18 — Human access to the Manuscript

The Publisher reads the content of the Manuscript only in the following cases, and only the part needed:

The Service's technical logs do not contain the text of the Manuscript.

Article 19 — The User's warranties about their content

19.1. The User warrants that they hold all the rights and permissions needed to write, import and have processed in the Service the User Content, and that this content infringes no right of any third party, in particular intellectual property, personality or privacy rights.

19.2. They are solely responsible for the User Content. The Publisher does not control its content and does not monitor it generally.

19.3. Importing a third party's work is allowed only if that work is in the public domain, or if the User has the permission of its rights holder, or within the limits of the exceptions provided by law.

Article 20 — The Results and their limits

20.1. The Results are produced by automated processing and may be incomplete, inaccurate, contradictory or irrelevant. They are an aid to the User's reading and reflection; they are neither an editorial, literary, legal or professional opinion, nor an assessment of the value of the work.

20.2. The Service endeavours to display only observations tied to quoted passages of the Manuscript. This method reduces the risk of error without eliminating it: an exact quotation can be misinterpreted.

20.3. The User remains the sole judge of the Results and solely responsible for the use they make of them, for the changes they make to their Manuscript, and for the work they publish or distribute.

20.4. Suggested rewordings may, by their nature, resemble existing wordings. It is for the User, before any publication, to make sure that the text they publish infringes no one's rights.

Article 21 — Rights in the Results

21.1. To the extent that rights may exist in the Results, and to the extent that the Publisher holds them, the Publisher assigns them to the User, free of charge, as they are produced, for the full term of protection and for the whole world.

21.2. The Publisher does not warrant that the Results are protectable, original, or not similar to results produced for other people.

21.3. The Service's own elements (interface, texts, illustrations, logos, software, methods, instructions given to the models) are not part of the Results and remain governed by article 24.

TITLE V — RULES OF USE

Article 22 — Prohibited uses

It is prohibited to use the Service, or to attempt to use it:

Article 23 — Writing fiction

23.1. Fiction has the right to explore every subject. The fact that a Manuscript depicts violent, criminal or shocking acts is not, in itself, a breach of article 22.

23.2. Artificial intelligence Providers apply their own rules and may refuse to process certain passages. Such a refusal is not a failure of the Publisher; it does not change the Manuscript in any way.

Article 24 — The Publisher's intellectual property

24.1. The Service and all its elements, except the User Content and the Results assigned under article 21, are the exclusive property of the Publisher or its licensors, and are protected by intellectual property law.

24.2. The Publisher grants the User, for the life of their Account, a personal, non-exclusive, non-transferable and revocable right to use the Service in accordance with the Terms. Any other use is prohibited.

24.3. Bergotte's names, logos and illustrations may not be used without the Publisher's prior written consent.

24.4. If the User sends the Publisher suggestions or comments about the Service, the Publisher may use them freely to improve the Service, without any obligation to the User; this never extends to the Manuscript.

TITLE VI — TERMS OF SALE

Article 25 — Offers

25.1. Access to the Reading features and the features that depend on them is reserved for holders of an active Subscription or of access granted by the Publisher. Writing, keeping and exporting the Manuscript remain available without a Subscription.

25.2. The Subscription is offered in three Plans, Plume, Roman and Atelier, which give access to the same features and differ only in their Allowance (article 28). Each is taken out for a monthly or a yearly Period, as presented in the Service at the time of subscription.

25.3. Before any Subscription, every Account gets the Free Trial provided for in article 31.4.

Article 26 — Price

26.1. The applicable price is the one displayed in the Service at the time of subscription, with its currency. At the date of these Terms, the prices in US dollars are:

The yearly Period costs the price of ten months. The Service also displays prices in euros, Canadian dollars, Swiss francs and pounds sterling; in other currencies, the Reseller may offer a converted price, shown before payment.

26.2. Prices include all taxes. The applicable taxes (in particular VAT, GST and QST, or sales tax) are included in the price displayed; they are calculated, collected and remitted by the Reseller according to the User's country.

26.3. Any fees charged by the User's bank, in particular for currency conversion, are borne by the User.

26.4. The Publisher may change its prices. A price change never applies to a Period already paid for; it applies to a current Subscription only from its next renewal, under the conditions of article 46.

Article 27 — Ordering and formation of the contract

27.1. Subscription takes place online, in the following steps: choice of plan, summary of the price and its conditions, acceptance of the Terms, entry of payment details on the Reseller's secure page, confirmation of the payment.

27.2. Before confirming, the User can check the details of their order and correct any input error.

27.3. The contract of sale is formed when the subscription is confirmed on the payment page, including when the Subscription begins with a period offered through a promotional code (article 34). A confirmation is sent to the User by email, with a link to the Terms in force, which the User can keep and print. The receipt for each payment is sent by the Reseller; the payment history is available from the Account settings.

Article 28 — The Allowance

28.1. Each month of Subscription includes an Allowance, including when the Subscription is yearly, that is, an artificial intelligence processing capacity covering all the features that use it: Reading, composing the sheets and story pages, answering questions, rewording. The Allowance depends on the Plan: Roman's is three times Plume's, and Atelier's six times.

28.2. The User uses their Allowance at their own pace, with no daily ceiling, subject to the protective measures in article 29. Their level of use is shown at all times in the Account settings.

28.3. When the Allowance is reached, the features that use it are paused until the start of the next month of Subscription, unless the User moves to a higher Plan (article 31.3). Writing, keeping, viewing the Results already produced and exporting the Manuscript remain available. Reaching the Allowance never leads to any additional charge.

28.4. Allowance not used during a month is not carried over to the next month, not refunded, not convertible into money and not transferable.

28.5. The Publisher may, at its discretion, grant an additional Allowance, free of charge or as a promotion, for a period it specifies. Such a favour creates no right to its renewal.

28.6. As an indication, and depending on the length of the novel and how it is used, the monthly Allowance allows about: with Plume, the full Reading of an 80,000-word novel, the composition of its character pages and some forty questions; with Roman, the Reading of three novels, or of one novel followed closely with about two hundred questions; with Atelier, the Reading of six novels, or about five hundred questions. These orders of magnitude are not a guarantee. When the Reading of a novel exceeds the month's Allowance, it continues the next month.

Article 29 — Protective measures

29.1. To prevent technical errors, abuse and automated use, the Publisher applies protective measures, in particular:

29.2. These measures are not a limit on the Allowance, but a protection of the Service and its Users. They may be adjusted without notice where the security of the Service requires it.

Article 30 — Payment

30.1. Payment is made by card or by any other means offered on the Reseller's payment page. The Publisher never has access to the full details of the User's card, which are processed by the Reseller and Stripe alone.

30.2. The price of each Period is payable in advance, at its start; nothing is due for the Free Trial, which comes before any Subscription (article 31.4). The User authorises the Reseller to charge the price at each renewal, until the Subscription is cancelled.

30.3. If a payment fails, the Reseller may retry the charge. In the meantime, the paid features of the Service may be paused. The Manuscript is never deleted or made inaccessible because of a failed payment. If the payment is not made good, the Subscription ends.

30.4. Payments appear on the User's bank statement as "LINK.COM* BERGOTTE". Any refund provided for in the Terms is made by the Reseller, at the Publisher's request, to the means of payment used.

Article 31 — Term, Free Trial and renewal

31.1. The Subscription is taken out for one Period and renews automatically for a Period of the same length, at the price then in force in accordance with article 26.4, unless the User cancels before the end of the current Period.

31.2. For the yearly plan, the Publisher informs the User by email, at least thirty (30) and at most ninety (90) days before the renewal date, of that date, of the price and of how to end the Subscription.

31.3. The User can change Plan, or switch from the monthly Period to the yearly Period, or the reverse, from their Subscription management page, as presented there. A change to a higher price for the same Period (a higher Plan) takes effect at once: the price is adjusted pro rata for the current Period, and the additional Allowance is granted pro rata for the time left in the current month. A change to a lower price, or to a shorter Period, takes effect at the start of the next Period.

31.4. Every Account that has never held a Subscription gets a Free Trial, which begins the first time it signs in to the Service after the Account is confirmed. It asks for no payment details, commits to no Subscription and has no time limit. It includes a fixed Allowance, granted once and never renewed: as an indication, enough to have a novel of about 80,000 words read, its character pages composed and about twenty questions asked.

31.5. When the Free Trial's Allowance is reached, the features that use it are paused until a Subscription is taken out. Nothing is charged; the User keeps their Account, their Manuscript and the Results already produced (article 32.4). A User who subscribes during the Free Trial has the full Allowance of their Plan at once, and its price is charged at subscription.

31.6. The Free Trial is granted once per person, whatever the number of Accounts (article 6.4). A User who has already held a Subscription, a trial included, does not get one. Trials granted with a Subscription before version 1.2 of the Terms continue under the terms in force when they were taken out. Free periods of fourteen (14) days opened before version 1.3 of the Terms continue until they end, under the terms in force when they were opened; once they end, those Accounts do not also get the Free Trial.

Article 32 — Cancellation by the User

32.1. The User can cancel their Subscription at any time, free of charge and without giving a reason, from their Account settings ("Manage billing"), in a few clicks, or by writing to bonjour@bergotte.com.

32.2. Cancellation takes effect at the end of the current Period, already paid for, or at the end of a trial in progress (article 31.6), during which the User keeps access to the paid features. No further charge is made.

32.3. Subject to article 33 and to the rights the law grants the Consumer, the current Period is not refunded pro rata.

32.4. After the Subscription ends, the Account and the Manuscript remain: the User can keep writing, view and export their Manuscript, and subscribe again at any time.

Article 33 — Right of withdrawal

33.1. A Consumer residing in the European Union may withdraw within fourteen (14) days of taking out their Subscription, without giving a reason, by email to bonjour@bergotte.com or with the form reproduced in the appendix. The Subscription payment is then refunded in full, and the Subscription ends immediately.

33.2. A Consumer residing outside the European Union has whatever cancellation or withdrawal rights the law of their place of residence grants them, if any.

33.3. The refund is made using the means of payment used for the subscription, no later than fourteen (14) days after the request.

33.4. Subscriptions taken out before 19 October 2026 keep the "first month refunded" guarantee set out in the version of the Terms in force when they were taken out.

Article 34 — Promotional codes and free access

34.1. The Publisher may offer promotional codes or free access, in particular to Users of the alpha phase. Their conditions (discount, duration, number of uses, and how they combine with the Free Trial) are those stated when they are given or entered.

34.2. A promotional code is personal, cannot be sold or exchanged for money, and may be withdrawn for the future in case of abusive use or use contrary to its conditions. Withdrawal of a code takes effect only at the end of the current Period, and the User is informed beforehand.

TITLE VII — SUSPENSION, TERMINATION, CLOSURE

Article 35 — Closure of the Account by the User

35.1. The User can close their Account at any time from their settings ("Close account").

35.2. Closure first ends the renewal of the Subscription. If the renewal cannot be stopped, the closure does not take place and the User is told so.

35.3. A confirmation is sent by email. For thirty (30) days, the User can change their mind and reopen their Account. After that period, the Account and all the User Content are permanently erased, in accordance with article 39.

35.4. Before closing their Account, the User is encouraged to export their Manuscript and their data using the features provided for that purpose.

Article 36 — Suspension and termination by the Publisher

36.1. The Publisher may suspend access to all or part of the Service, or terminate the Account, where the User breaches the Terms, in particular in case of:

36.2. In case of serious breach — in particular the cases in paragraphs b), h) and i) of article 22, fraud, or content whose possession is unlawful — suspension or termination may take place immediately and without notice.

36.3. In other cases, the Publisher first sends the User, by email, a warning stating the breach and giving them a reasonable period, which may not be less than seven (7) days, to remedy it or to make their observations.

36.4. The decision to suspend or terminate is notified by email, with reasons, unless the law or an authority forbids it.

36.5. Except for content whose possession is unlawful or a contrary order from an authority, a User whose Account is terminated has thirty (30) days to export their Manuscript, access being restored for that sole purpose if needed.

36.6. Termination for breach gives no right to a refund of the current Period, unless a mandatory legal provision says otherwise. The Publisher reserves the right to seek compensation for the harm the breach caused it.

36.7. A User who disputes a decision taken under this article can write to bonjour@bergotte.com; their request is reviewed.

Article 37 — Discontinuation of the Service

37.1. The Publisher may discontinue the Service, in whole or in part, in particular at the end of the alpha phase, with at least thirty (30) days' notice sent by email.

37.2. In that case, the unused part of the paid Period is refunded pro rata, and the User keeps, for at least thirty (30) days from the discontinuation, the ability to export their Manuscript.

Article 38 — Inactive accounts

38.1. An Account without an active Subscription whose User has not signed in for twenty-four (24) months may be closed by the Publisher.

38.2. The Publisher warns the User by email beforehand, at least sixty (60) days in advance; simply signing in keeps the Account. The closure then follows the rules of article 35.3.

Article 39 — Effects of the end of the contract

39.1. When the contract ends, for whatever reason, the right to use the Service ends, subject to the export periods in articles 35, 36 and 37.

39.2. The User Content is permanently erased within the periods set out in the Privacy Policy, including from backups at the end of their rotation. The Publisher keeps only the data that a legal obligation requires it to keep, in particular accounting data, and usage data that contain no extract of the Manuscript and no longer identify the User.

39.3. Articles 16, 19, 21, 24, 39, 40 to 45, and 52 to 58 survive the end of the contract.

TITLE VIII — LIABILITY AND WARRANTIES

Article 40 — The Publisher's obligations

40.1. The Publisher provides the Service with care and diligence, in accordance with good practice. Unless a mandatory legal provision says otherwise, it is bound by an obligation of means (a duty of reasonable care), not of result.

40.2. It implements reasonable and appropriate security measures to protect the User Content, described in the Privacy Policy.

Article 41 — Statutory guarantees

41.1. The Consumer benefits from the guarantees granted by the applicable law, in particular, for a Consumer residing in Québec, the guarantees provided by the Consumer Protection Act and the Civil Code of Québec, and, for a Consumer residing in the European Union, the statutory guarantee of conformity of digital content and services.

41.2. Nothing in the Terms is intended to, or has the effect of, excluding or limiting those guarantees, or the Publisher's liability in the cases where the law forbids it.

41.3. Outside those statutory guarantees, and to the fullest extent permitted by law, the Service is provided "as is" and "as available", given its alpha nature; the Publisher gives no other warranty, express or implied, in particular as to the fitness of the Results for a particular purpose.

Article 42 — Exclusions of liability

To the fullest extent permitted by the applicable law, the Publisher is not liable:

Article 43 — Cap on liability

43.1. To the fullest extent permitted by the applicable law, and except for damage caused by an intentional or gross fault of the Publisher, bodily or moral injury, and the cases where the law forbids any limitation, the Publisher's total liability to the User, for all causes combined, is limited to the amount the User actually paid for the Service during the twelve (12) months preceding the event giving rise to it, or to one hundred (100) US dollars if that amount is lower.

43.2. This article does not apply to a Consumer residing in Québec, insofar as the Consumer Protection Act forbids a merchant from releasing itself from the consequences of its own act or that of its representative; it applies to a Consumer residing elsewhere only to the extent the law of their residence allows.

Article 44 — Indemnity

To the extent permitted by the applicable law, the User holds the Publisher harmless against any third-party claim based on the User Content or on use of the Service contrary to the Terms, and compensates it for the resulting harm, including reasonable defence costs. This article applies to the Consumer only to the extent their fault is established.

Article 45 — Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of the applicable law, in particular a general failure of networks or of an essential Provider, a large-scale cyberattack, a natural disaster, an epidemic or a decision of an authority. Performance of obligations is suspended for the duration of the event; if it lasts more than thirty (30) days, either party may terminate the contract without compensation, and the unused part of the paid Period is refunded.

TITLE IX — FINAL PROVISIONS

Article 46 — Changes to the Terms

46.1. The Publisher may change the Terms to reflect developments in the Service, its Providers, its prices or the law. In particular, the following may be changed: the description of the features, the content and workings of the Allowance, the prices, the protective measures, the Providers, and the rules of use.

46.2. Any change is notified to the User by email at least thirty (30) days before it takes effect. The notice sets out, clearly and legibly, the new or amended clause and its previous version, the date it takes effect, and the User's right to refuse the change.

46.3. A User who refuses the change may cancel their Subscription without cost or penalty, no later than thirty (30) days after it takes effect; the unused part of the paid Period is then refunded where the change concerns an essential element of the Subscription, in particular its price or its Allowance.

46.4. Changes required by law, or that are purely favourable to the User or have no effect on their rights (formal corrections, clarifications), may take effect immediately; the User is informed.

Article 47 — Electronic communications

47.1. The User agrees that communications relating to the contract be sent to them by email, at the address associated with their Account, and in the Service. It is up to them to keep that address up to date.

47.2. Without the User's consent, the Publisher sends only the emails needed for the Service and the contract to work (address confirmation, security, billing, notices of change, end of a Reading, account closure). No commercial communication is sent without prior consent.

47.3. The records kept in the computer systems of the Publisher and its Providers, under reasonable security conditions, are evidence of the communications, orders and payments between the parties, unless proven otherwise.

Article 48 — Personal data

The processing of the User's personal information is described in the Privacy Policy, which forms an integral part of the Terms. The User is invited to read it carefully.

Article 49 — Complaints

49.1. Any complaint may be sent to bonjour@bergotte.com or by post to the address in article 1.1. The Publisher acknowledges receipt and endeavours to reply within thirty (30) days.

49.2. The parties endeavour to settle any dispute amicably before going to court.

Article 50 — Consumer mediation

50.1. A Consumer residing in the European Union may, after a prior written complaint that has not received a satisfactory answer within two (2) months, use free of charge the following consumer mediator: to come.

50.2. A Consumer residing in Québec may also contact the Office de la protection du consommateur (www.opc.gouv.qc.ca).

Article 51 — Language

51.1. The Terms are written in French. An English version is offered as a translation; in case of any difference, the French version prevails.

51.2. A User who uses the Service in English acknowledges having first been offered the French version of the Terms, and having expressly chosen to be bound by their English version.

Article 52 — Governing law

52.1. The Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, excluding their conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

52.2. This choice does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

Article 53 — Assignment of the contract

53.1. The User may not assign the contract without the Publisher's prior written consent.

53.2. The Publisher may assign the contract, together with the licence in article 17, to a company it controls or to any acquirer of all or part of the business of the Service, provided the assignee takes over all the commitments of the Terms, in particular those of articles 16 to 18 and of the Privacy Policy. The User is informed by email at least thirty (30) days in advance and may, if they refuse, cancel their Subscription without cost, with a refund of the unused part of the paid Period.

Article 54 — Jurisdiction

54.1. Subject to contrary mandatory rules, any dispute relating to the Terms falls within the jurisdiction of the courts of the judicial district of Québec.

54.2. A Consumer residing in Québec keeps the right to bring proceedings before the court of their domicile, and a Consumer residing elsewhere, before the court the law of their residence designates.

54.3. No clause of the Terms requires the Consumer to go to arbitration, or prevents them from taking part in a class action.

Article 55 — Severability

If a provision of the Terms is held void, unenforceable or not binding, in whole or in part, the other provisions remain fully effective, and the provision in question is replaced by the valid provision closest to the parties' intention.

Article 56 — No waiver

The Publisher's failure to rely on a breach by the User of any of their obligations is not a waiver of the right to rely on it later.

Article 57 — Entire agreement

The Terms, including the Privacy Policy and the specific conditions of an offer or promotional code, constitute the entire agreement between the parties regarding their subject matter and replace any prior agreement.

Article 58 — Headings

The headings of the articles and the summary at the top of the Terms are there to make them easier to read. In case of doubt, the text of the articles prevails.

APPENDIX — Withdrawal form

(Fill in and return only if you wish to exercise your right of withdrawal.)

To: Jade Coutu (Bergotte), Québec City (Québec), Canada — bonjour@bergotte.com

I hereby give notice of my withdrawal from the contract for the Subscription below: