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 TERMS & POLICIES

 

Last update on March 7, 2019




PREAMBLE

SMASH & CO, a simplified joint stock company with a sole partner and with a paid
up capital of €575,000, enrolled on the Trade and Companies Registry of Lyon,
under number 828 889 493, whose head office is located at 2 rue Claire – 69009
Lyon (hereinafter referred to as “SMASH & CO”), publishes and operates the
Internet site accessible at the following address https://fromsmash.com
(hereinafter referred to as the “the SITE”).

The SITE offers a new generation file transfer service and additional services
in the framework of the Premium version.

ANY USE WHATSOEVER OF THE SITE OBLIGATORILY IMPLIES UNRERSERVED ACCEPTANCE BY
THE USER OF THE PRESENT GENERAL CONDITIONS OF USE (GCU).




ARTICLE 1. DEFINITIONS

In the present GENERAL CONDITIONS OF USE, the terms mentioned below have the
following meanings:

”CLIENT”: means any physical or legal person subscribing to SMASH PREMIUM
SERVICES.

“ACCOUNT”: means the interface hosted on the SITE on which all the data supplied
by the CLIENT are collected. Access to the ACCOUNT is done via USER NAMES.

“GENERAL CONDITIONS OF USE” or “GCU”: means the present contractual conditions
made available on the home page of the SITE, in order to provide a framework for
its use by any USER.

“GENERAL CONDITIONS OF USING THE PREMIUM SERVICE” or “GCU PREMIUM”: means the
general conditions of service regulating the Premium offer. It is hereby
stipulated that there is a BtoC version of the GCU and a BtoB version of the
GCU.

“USER NAMES”: means the email address and password chosen by the CLIENT,
required to access their ACCOUNT on the SITE.

“PARTIES”: means the couple SMASH & CO and the USER.

“SITE”: means the internet SITE accessible at the address https://fromsmash.com.
The SITE groups all the web pages, services and functionalities proposed to the
USERS.

“SMASH FREE”: means the SERVICES offered by SMASH & CO and which can be used
free of charge via the SITE by any USER.

“SMASH PREMIUM”: means the SERVICES accessible only to a CLIENT that has
previously paid a subscription.

“SMASHS”: means file transfers performed via the SITE.

“SERVICES”: means all the services offered by SMASH & CO to USERS via the SITE,
and notably the capacity to perform SMASHS.

“USER”: means any person who accesses and browses on the SITE, whether they are
a CLIENT, user of the SMASH FREE offer or simple internaut.




ARTICLE 2. OBJECT

The object of the present GENERAL USER CONDITIONS concluded between SMASH & CO
on the one hand, and the USER on the other, is to stipulate the contractual
provisions relating to the respective rights of the PARTIES in the framework of
using the SITE and all the SERVICES offered on it.




ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS

The use of the functionalities of the SITE and the SERVICES implies acceptance
of the present GCU.

Thus, the USER undertakes to read the present GCU carefully when accessing the
SITE and is invited to download them, print them and keep a copy.

It is hereby specified that the present GCU are referenced at the bottom of each
page of the SITE by a hypertext link and can be consulted at any time.




ARTICLE 4. TECHNICAL SPECIFICATIONS

By using the SITE, the USER acknowledges that they have the means and
competences to use the SITE.

The equipment necessary for accessing and using the SERVICES and the SITE are at
the charge of the USER, likewise for the telecommunications costs incurred by
their use.




ARTICLE 5. CONDITIONS OF ACCESS AND REGISTRATION

Any USER can access the SITE and benefit free of charge from the SERVICES
described in article 6.1 of the present GCU.

The USER wishing to become a CLIENT is invited to follow the registration
procedure set out hereinbelow.


Article 5.1. CLIENT registration procedure

Ant USER wishing to benefit from the SMASH PREMIUM offer described in article
6.2. of the present conditions must create an ACCOUNT before becoming a CLIENT.

By clicking on “subscribe”, the USER is invited to provide the following
information:


ACCOUNT information:

 * Email address

 * Password


Invoicing information:

 * Name

 * First name

 * Name of company (optional)

 * Address

 * Intracommunity VAT number (optional)


Payment information:

 * PayPal

 * Type of credit card, number, expiry date, security code

The USER wishing to become a CLIENT undertakes to provide SMASH & CO with
precise, honest and updated data that do not impede in any way whatsoever the
rights of third parties, and to communicate to SMASH & CO any update required of
the data communicated during their registration.

Their data can be updated using the “Profile” tab of their ACCOUNT.

Lastly, the USER must validate the Premium GCU before finalizing their
registration, that is to say their subscription to the Premium offer.

The email address and the password chosen by the CLIENT are their USER NAMES.

The CLIENT is wholly responsible for the exactitude and updating of the data
communicated in the framework of opening and managing their ACCOUNT.


Article 5.2. USER NAME management

The CLIENT is solely responsible for using their USER NAMES and the actions
performed through their ACCOUNT.

If a CLIENT discloses or uses their USER NAMES in a way contrary to their
purpose, SMASH & CO may cancel the ACCOUNT without notice or compensation.

In no way whatsoever can SMASH & CO be held liable in the case of theft of the
CLIENT’s identity. Any access and action performed in the CLIENT’s ACCOUNT shall
be presumed to be made by the CLIENT, insofar as SMASH & CO does not have the
technical resources to allow it to verify the identity of persons having access
to its SITE through an ACCOUNT, nor is obliged to do so.

Any loss, misappropriation, or unauthorized use of the CLIENT’s USER NAMES and
their consequences are the sole responsibility of the CLIENT, the latter being
bound to inform SMASH & CO without delay by email addressed to:
hello@fromsmash.com


Article 5.3. Subscription cancelation

The CLIENT can close their ACCOUNT at any time by sending an email to the
address: hello@fromsmash.com




ARTICLE 6. SERVICES

By using the SITE, the USER can Smasher, that is to say send files to an
unlimited number of USERS.

The SMASH FREE SERVICE can be used by any USER free of charge.

To use the SMASH PREMIUM SERVICE, the USER must become a CLIENT in conformity
with the provisions of article 5.1. of the present conditions and to the General
Conditions of Service available here:
https://en.fromsmash.com/general-terms-of-sale


Article 6.1. SERVICES offered to all USERS: SMASH FREE

By clicking on the  “S” tab, the USER can Smasher, meaning upload files in view
to transferring them to another USER, with no limit on size or the number of
addressees.

The USER must upload the file(s) and can add as many files they like by clicking
on the “+ add” tab.

The USER must then choose the way they want to share their file or files. That
is to say:

 * By email

 * By link


Article 6.1.1 Sharing by email

The USER must fill-in the following information:

 * Their email address;

 * Their name (optional);

 * The email address(es) of the addressees, knowing that the number of
   addressees is unlimited per transfer;

 * A subject (optional);

 * A message (optional).


At this stage, the USER can also use the following SERVICES:

 * They can customize the file downloading page. They can only choose a logo and
   screen background offered by SMASH & CO. If they want to add their own logo
   and screen background, the USER must become a CLIENT;

 * Customize the waiting message that will be displayed during the downloading
   of the files. They can only choose a logo and screen background offered by
   SMASH & CO. If they want to add their own logo and screen background, the
   USER must become a CLIENT;

 * Change the duration of the SMASH’s validity to keep control of its use for
   marketing and security requirements; however, the duration by default is 7
   days and the use of the Smash Free SERVICE allows a maximum duration of
   validity of 14 days. At the end of the duration of validity, the files will
   be automatically deleted from SMASH & CO’s servers.

 * Add a password;

 * Activate / Deactivate the preview of the files;

 * Activate / Deactivate downloading notifications.


By clicking on “Smasher”, the file transfer starts immediately.

The initial USER receives an email at the email address filled-in to inform them
of the SMASH transfer, and they are notified immediately the file has been
downloaded by one of the addressees.

The addressee USER receives an email at the email address filled-in notifying
them that they can download their files. The size of the file, the file storage
expiry date and, possibly, the sender’s message are mentioned in this email.

The USER is wholly responsible for the exactitude of the email addresses
communicated when using SMASH FREE.



Article 6.1.2 Sharing by link

The USER must fill-in the following information:

 * Their email address;

 * A title (optional);

 * A personalized link (optional).


At this stage, the USER can also use the SERVICES mentioned previously when they
share their file(s) by email.

By clicking on “Smasher”, the file is transferred immediately.

Once the files have been loaded, the USER can copy the SMASH link.

The USER also receives an email at the email address filled-in to obtain a copy
of the SMASH link and be informed that an upload has been performed.



Article 6.2. SERVICES offered to CLIENTS: SMASH PREMIUM

In addition to the SERVICES available in the SMASH FREE offer, the CLIENT may
access the following SERVICES:

 * They can benefit from priority transfers, that is to say files larger than 2
   GB, without restriction, and by priority in the transfer queue;

 * They can extend the file storage expiry date to 30 days.


Using their ACCOUNT, the CLIENT can also benefit from the following
functionalities via their administration interface:

 * They can personalize the design of the file downloading page with a logo and
   screen background. To use this SERVICE, the CLIENT must click on the
   “Personalization” tab available on the administration interface;

 * They can personalize the content that will be displayed when their addressees
   are downloading their files. To use this SERVICE, the CLIENT must click on
   the “Promotional content” tab, then the “Create a campaign” tab available on
   their administration interface;

 * History of SMASHS;

 * They can delete the SMASHS they no longer wish to remain accessible;

 * Follow-up invoices;

 * Manage staff members authorized to Smasher, it being stipulated that they
   need only fill-in their email address in the transfer form of their SMASHS.
   To use this SERVICE, the CLIENT must click on the “staff members” tab
   available on their administration interface.

The subscription for SMASH PREMIUM SERVICES is subject to the General Conditions
of Premium Services accessible at the following address:
https://en.fromsmash.com/general-terms-of-sale




ARTICLE 7. OBLIGATIONS OF THE PARTIES


Article 7.1. Obligations of the USERS

In the framework of using the SITE, each USER undertakes not to disturb public
order and to conform to the laws and regulations in force, and to conform to the
rights of third parties and the provisions of the present GCU.

The USER undertakes to conform to the philosophy of SMASH & CO. In this respect,
they shall abstain from disseminating illegal files on the SITE and in a general
way not violate directly or indirectly the rights of third parties.

Regarding file transfers, SMASH & CO formally forbids USERS from        any form
of violation of copyright and other rights inherent to files.

Each USER is obliged to:

 * Behave loyally and in good faith with regard to SMASH & CO and third parties;

 * Be honest and sincere with the information supplied to SMASH & CO and, when
   the occasion arises, to other USERS;

 * Use the SITE in conformity with its object as described in the present GCU;

 * Not to misappropriate the object of the SITE to commit illegal acts, offences
   or violations of the law punished by the Penal Code or any other law;

 * Respect the private life of third parties and the confidentiality of
   exchanges;

 * Respect the intellectual property rights of SMASH & CO bearing on the
   elements of the SITE and, when appropriate, the intellectual property rights
   of other USERS;

Not to seek to violate the meaning of articles 323-1 and following of the Penal
Code regarding the automated data processing systems implemented on the SITE;

 * Not to modify the information onlined by SMASH & CO or by another USER;

 * Not to use the SITE to carry out mass unsolicited emails (for advertising or
   other reasons);

 * Not to transmit data intended to decrease, disorganize, slow down or
   interrupt the normal operation of the SITE.

In conformity with the legal and regulatory provisions in force and in
conformity with the law of July 29,1981, relating to press freedom, the USER
undertakes not to transmit contents that:

 * Denigrate SMASH & CO or the USER;

 * Disturb public order and good morality;

 * Are of a harmful, defamatory, racist, xenophobic, revisionist nature or which
   harm the honor and reputation of others;

 * Incite discrimination, hate of a person or group of persons due to their
   origin or their belonging or not belonging to a specific ethnic group,
   nation, race or religion;

 * Threaten a person or a group of persons;

 * Are of a pedophilic nature;

 * Incite violations of the law, a crime or terrorist actions or which
   constitute an apology for war crimes or crimes against humanity;

 * Incite persons to commit suicide;

 * Permit third parties to procure directly or indirectly pirated software,
   software serial numbers, software designed for committing acts of piracy and
   the hacking of computer and telecommunication systems, viruses and other
   logic bombs and in a general way any software used to harm the rights of
   third parties and the safety of persons and property;

 * Are of a commercial nature (prospection, solicitation, prostitution, etc.).



Article 7.2. Obligations of SMASH & CO

The general obligation of SMASH & CO is one of resources. SMASH & CO cannot be
held to account for any obligation of result or additional resources of any sort
whatsoever.

SMASH & CO undertakes to implement every resource needed to ensure continuous
access and use of the SITE 24 hours a day 7 days a week.

SMASH & CO shall do its utmost to offer an optimized guarantee to secure the
data transferred. SMASH & CO nonetheless draws its USER’s attention to the fact
that the current Internet communication protocols do not allow the sure and
continuous transmission of electronic messages (messages, documents, the
sender’s and the addressee’s identities).

In the event of failure, the USER is immediately invited to report any fault on
the SITE to the maintenance services of SMASH & CO which will process the
request within the shortest possible time.

The USER acknowledges that they are responsible for taking all the measures
necessary to ensure the technical characteristics of their computer and/or their
computer network, allow them to access the services of the SITE and that they
are responsible for taking all the appropriate measures required to protect
their own data and/or software from contamination by possible viruses and
malware circulating on the Internet or contracted by any other electronic means.




ARTICLE 8. RESPONSIBILITY



Article 8.1. General principles

SMASH & CO declines any responsibility in particular:

 * if it is impossible to temporarily access the SITE due to technical
   maintenance operations or to updating published information. The USERS
   acknowledge that SMASH & CO’s responsibility cannot be invoked in the case of
   malfunctioning or interruptions of said communication networks;

 * in the case of viral attacks, illicit intrusion in an automated data
   processing system;

 * in the case of abnormal use or illegal operation of the SITE by a USER or a
   third party;

 * regarding the content of the Internet sites of third parties to which the
   hypertext links present on the SITE are attached;

 * in the case of non-compliance with the present GCU imputable to the USERS;

 * in the case of delay or non-performance of its obligations, when the cause of
   delay or non-performance is linked to a force majeure such as defined in
   article 9 of the present GCU;

 * in the case of an external cause not imputable to SMASH & CO;

 * in the case of an illicit action by a USER, or due to a breach of contract by
   the USER;

 * regarding the contents of SMASHS and the use made of them by the USERS.

In the case of abnormal use or the illicit utilization of the SITE, the USER is
solely responsible for the damage caused to third parties and the consequences
of the claims and actions that it may incur.

The USER is also solely responsible for the contents of their Smashs.



Article 8.2. Host status

The USER is hereby informed that SMASH & CO:

(i) has no means of controlling the content of the files uploaded and
downloaded, exchanged and published by the USERS;

(ii) acts purely as a host in the framework of uploading, storage and
distribution of this content;

(iii) plays no active role and supplies no assistance in the framework of
presenting and using these contents, files and other information.

The USERS acknowledge the capacity of SMASH & CO as a host in the meaning of
article 6 I 2° of the law of June 21 2004 relating to trust in the digital
economy known as LCEN.

By virtue of the above, SMASH & CO reserves the capacity to withdraw any content
signaled to it and which it considers to be patently illicit in the meaning of
article 6 I 2° of the law of June 21, 2004, relating to trust in the digital
economy known as LCEN.

The notification of patently illicit contents by a USER or any third party must
be done by email sent to the address privacy@fromsmash.com or by registered
letter with acknowledgement of receipt to: SMASH & CO – 2 rue de la Claire –
69009 Lyon, France.

In conformity with article 6 I 5° of the law of June 21, 2004, regarding trust
in the digital economy known as LCEN, in order for the notification to be valid,
it must contain the following items:

 * the date of the notification;

 * if the notifier is a physical person: their name, first names, profession,
   home address, nationality, date and place of birth; if the notifier is a
   legal person: its status, name, head office, and its legal representative;

 * the names and home address of the addressee or, in the case of a legal
   person, its name and head office;

 * the description of the litigious acts and their precise localization;

 * the reasons for which the content should be withdrawn, comprising the mention
   of the legal provisions and the proof of the acts;

 * the copy of the correspondence sent to the author or editor of the litigious
   information or activities requesting their interruption, withdrawal or
   modification, or the proof that the author or editor could not be contacted.


On receipt of the notification, SMASH & CO’s services will act promptly to
withdraw this information or render its access impossible after having verified
the veracity of said notification.




ARTICLE 9. FORCE MAJEURE

The liability of SMASH & CO cannot be invoked if the non-performance or delay in
the performance of one of its obligations described in the present GCU stems
from a case of force majeure.

Force majeure occurs contractually when an event escaping the control of the
debtor, which could not be reasonably foreseen when concluding the contract and
whose effects cannot avoided by appropriate measures, prevents the debtor from
performing their obligation.

If the incapacity is temporary, the performance of the obligation is suspended,
at least if the resulting delay does not justify the cancellation of the
contract. If the incapacity is definitive, the contract shall be cancelled by
full right and the parties shall be released from their obligations under the
conditions stipulated in articles 1351 and 1351-1 of the Civil Code.

Consequently, SMASH & CO’s liability cannot be invoked in particular in the case
of attack by computer hackers, the non-availability of hardware, supplies, spare
parts, personal equipment and others; or by the interruption, suspension,
reduction or disturbances of electricity or any or all interruptions of
electronic communications networks, or by any circumstance or event outside the
will of SMASH & CO occurring after the conclusion of the GCU and preventing
performance in normal conditions.

It is hereby stipulated that should such a situation arise, the USER cannot
claim the payment of any compensation and cannot take out any legal proceedings
against SMASH & CO.

In the case of occurrence of the events mentioned above, SMASH & CO shall do its
utmost to inform the CLIENT as soon as possible.




ARTICLE 10. INTELLECTUAL PROPERTY



Article 10.1. Ownership of the USERS’ intellectual property rights

A file may be subject to several rights:

 * Copyright (intellectual property right);

 * Image rights of the people possibly featuring on the images;

 * The image rights of works of art (such as, though not exhaustively,
   paintings, sculptures, images, furniture, decorative objects, etc.) possibly
   featuring on the image and protected by copyright from the moment they form
   the main subject;

 * The right of trademarks, patents, drawings and models.

Regarding this, the USERS are warned that they must, prior to performing any
SMASH on the SITE, make sure they hold all the ownership rights or, if possible,
gain possession of the rights pertaining to said files.

They are solely responsible for actions in response, in particular in the case
of forgery or any other harm to the rights of a third party, that may occur
through the transfer of a file performed  by them.

On its side, SMASH undertakes to guarantee the perfect confidentiality of the
files uploaded and transferred between the USERS, so that no other person except
the sending USERS and the receiving USERS AS CHOSEN  BY THE SENDING USER shall
have access to said files.

SMASH also undertakes not to partake in any commerce of the files uploaded and
exchanged between the USERS.

Whatever the case, SMASH & CO cannot be held liable for an act of forgery, given
that it simply acts as host of the files published by the USERS.


Article 10.2 Ownership of SMASH & CO’s intellectual property rights

The USER acknowledges SMASH & CO’s intellectual property rights over its SITE,
its components and the contents pertaining to it and renounces making any form
of claim whatsoever over these rights.

The trademarks, logos, slogans, graphics, photographs, animations, videos,
software solutions and texts, and any other content of the SITE are the
exclusive intellectual property of SMASH & CO and cannot be reproduced, used or
represented without express authorization under pain of legal proceedings.

Any representation or reproduction, total or partial, of the SITE and its
contents, by whatever process whatsoever without the prior express authorization
of SMASH & CO, is forbidden and shall constitute a forgery punishable according
to articles L.335-2 and following and articles L.713-1 and following of the
Intellectual Property Code.

In particular, SMASH & CO expressly forbids:

 * The extraction, by permanent or temporary transfer of all or a part,
   qualitatively or quantitatively substantial, of the contents of its database
   on any medium, by any means and in any form whatsoever;

 * The reutilization, by making available to the public all or a part,
   qualitatively or quantitatively substantial, of the contents of the database,
   whatever the form;

 * The reproduction, extraction or reutilization, by any means, of the contents
   (photographs, description, etc.) published by SMASH & CO or by a USER.

The acceptance of the present GCU signifies that the USERS acknowledge the
intellectual property rights of SMASH & CO and that they are committed to
respecting them.

SMASH & CO grants a personal, non-exclusive and non-transferrable license  to
the USERS that authorizes them to use the SITE and the information that it
contains in conformity with the present GCU.

Any other utilization of the SITE and its contents is excluded from the scope of
the present license and cannot be done without the prior express authorization
of SMASH & CO.




ARTICLE 11. PROTECTION OF PERSONAL DATA

In the framework of operating the SITE, SMASH & CO may collect data of a
personal nature.

These data are necessary for the supply of SERVICES. The data are stored
confidentially by SMASH & CO for the needs of the contract, its performance and
compliance with the law.

Therefore, the USER is invited to consult the Confidentiality Policy, accessible
at the following address: https://en.fromsmash.com/privacy, which will give them
all the information relating to the protection of personal data, and to the
processes performed via the SITE.

In conformity with law no.78-17 of January 6, 1978, relating to computing and
freedom and to Regulation (EU) 2016/679 of the European Parliament and Council
of April 27, 2016, relating to the protection of physical persons regarding the
processing of personal data and their unrestricted circulation, and annulling
directive 95/46/CE (General Regulation on data protection known as GDPR), SMASH
& CO ensures that the rights of the persons concerned are upheld.

It is hereby recalled that the USER whose personal data are processed benefits
from rights to access, correct, update, ensure data portability and erase
information concerning them, in conformity with the provisions of articles 49,
50 and 51 of the law on computing and freedom, since amended, and with the
provisions of articles 15, 16 and 17 of the European General Data Protection
Regulations (GDPR).

In conformity with the provisions of article 56 of the law on computing and
freedom, since amended, and the provisions of article 21 of the RGPD, the USER
can also, for legitimate reasons, oppose the processing of the data concerning
them, without it being necessary to provide a reason, and at no cost.

The USER can exercise their rights by sending an email to the address:
privacy@fromsmash.com or a letter to SMASH & CO – 2 rue de la Claire - 69009
LYON, FRANCE.

For certain purposes, SMASH & CO shall have the capacity of subcontractor, since
the CLIENT is responsible for processing. These items are stipulated in a
separate subcontracting agreement, sent to the CLIENTS concerned beforehand.




ARTICLE 12. USER SERVICE

Any question or claim regarding the use and operation of the SITE can be sent
according to the following procedures:

 * By email to the following address: hello@fromsmash.com;

 * By letter to SMASH & CO – 2 rue de la Claire – 69009 Lyon, France.




ARTICLE 13. VALIDITY OF THE GCU

If any one of the  stipulations of the present CGU should be declared null and
void with respect to a legal or regulatory provision in force and/or a decision
of justice having authority of the subject judged, it shall be considered as not
having been written but in no way shall this affect the validity of the other
clauses which shall remain fully applicable.

Such a modification or decision in no way authorizes the USERS to forego reading
the present GCU.




ARTICLE 14. MODIFICATION OF THE GCU

The present GCU apply to any USER browsing on the SITE.

The GCU may be modified and updated by SMASH & CO at any time, notably to adapt
to changes in legislation and regulations.

The GCU applicable are those in force at the time of browsing on the SITE




ARTICLE 15. GENERAL PROVISIONS

If one of the PARTIES has not demanded the application of any one of the clauses
of the present GCU, whether permanently or temporarily, this does not mean that
it has renounced the enforcement of said clause.

In the case of difficulty of interpretation between one of the titles featuring
as headings of the clauses, and any one of the latter, these titles shall be
declared non-existent.




ARTICLE 16. COMPETENCE AND APPLICABLE LAW

THE PRESENT GCU AND THE RELATIONS BETWEEN THE USER AND SMASH & CO ARE SUBJECT TO
FRENCH LAW.

In the case of a dispute arising between SMASH & CO and the USER regarding the
interpretation, performance or cancellation of the present GCU, the PARTIES
shall attempt to reach an amicable solution.

If such be the case, the USER is first invited to contact the mediation service
of SMASH & CO at the following address: hello@fromsmash.com

If no agreement is reached, an optional mediation procedure shall be proposed,
applied in a spirit of loyalty and good faith in view to reaching an amicable
agreement if any dispute occurs relating to the present contract, including
regarding the subject of its validity.

In application of article L. 616-1 of the Consumer Code, SMASH & CO hereby
communicates to the consumer the address of the consumer mediator relevant to
their case. The USER can therefore contact:

[Name of the mediator to be filled-in], [Address of the mediator to be filled
in], which can be entered via this link: [to be completed]

The PARTY wishing to implement the mediation process must have informed the
other PARTY beforehand by registered letter with acknowledgement of receipt
mentioning the elements of the conflict.

Since the mediation is not obligatory, the USER or SMASH & CO can withdraw from
the process at any moment.

In the case where the mediation fails or is not considered, the dispute that
would have given rise to the mediation shall be entrusted to the competent
jurisdiction designated hereinabove.

 

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