Terms of Use

These Terms of Use, hereinafter the Terms, define the conditions for accessing and using the MARINI website, available at https://marini-industry.com/fr and, where applicable, at any production URL replacing or associated with it, including https://marini-industry.com.

The website allows users in particular to consult information about MARINI, its know-how, capabilities, projects and resources, contact MARINI, submit a quotation request, upload technical files, use certain sketching, preview, conversion or CAD/STEP assistance tools, access a customer area after submitting a quotation request, and exchange with MARINI regarding submitted projects.

These Terms govern only the use of the website and associated digital services. They do not constitute general terms of sale, service or manufacturing. Commercial terms applicable to an order, manufacturing, delivery, payment, complaint or warranty will be specified in the quotation, special terms or any applicable contractual document.

The website is published by MARINI, a French simplified joint-stock company with share capital of EUR 600,000, whose registered office is located at 25 boulevard Robert Schuman, 93190 Livry-Gargan, France, registered with the Bobigny Trade and Companies Register under number 318 054 202.

MARINI may be contacted at: [email protected].

The website is mainly intended for professionals acting in the course of their business: companies, industrial customers, engineering offices, principals, buyers, project owners, professionals in building, elevators, metallurgy, metalwork, sheet metal work or related sectors.

The user declares that they use the website for a professional need, unless expressly stated otherwise to MARINI. Use by an individual consumer is only possible on an exceptional basis and subject to MARINI's acceptance. In such case, mandatory consumer protection provisions remain reserved.

Accessing and using the website implies acceptance of these Terms.

The user acknowledges having read the Terms before any use of the website, contact request, file upload, quotation request or access to the customer area.

By submitting a quotation request, transmitting files or accessing the customer area, the user expressly accepts these Terms.

Where the interface provides for an acceptance checkbox, a dedicated notice or an equivalent mechanism, the user must validate the Terms before continuing. MARINI may retain technical evidence establishing the applicable version of the Terms, the acceptance date, the relevant workflow, the request identifier, the email address or any data strictly necessary to prove such acceptance.

The website is accessible free of charge to any user with internet access, subject to interruptions, maintenance, technical incidents or force majeure.

MARINI may modify, suspend, limit or interrupt all or part of the website at any time, in particular for security, maintenance, improvement, update, correction, technical development or legal reasons.

MARINI does not guarantee continuous, permanent, secure or error-free access to the website.

The website does not provide open public registration for the customer area.

Access to the customer area is reserved for users who have submitted a quotation request, clients or prospects with an access link, persons invited or authorized by MARINI, or professional representatives whose access is necessary for project follow-up.

When a user submits a quotation request, MARINI may automatically create a customer area associated with the email address provided.

This customer area may be used to track the request, view exchange history, access certain project-related files and documents, exchange with MARINI, retrieve previous parts or requests, manage certain account information, request a GDPR export or request deletion or anonymization of certain data.

The user accepts this automatic creation by submitting the quotation request form. Access to the customer area is mainly provided via a secure login link sent by email. This link is personal and must not be shared with any unauthorized third party.

In a B2B context, the customer area may be linked to the company or organization indicated by the user. MARINI may, where necessary, communicate with other authorized representatives of that company to ensure project continuity, including in the event of departure, unavailability or replacement of the initial contact.

Certain accounts may invite collaborators, manage roles or access company information depending on configured rights. Any user who invites, maintains or removes a collaborator warrants that such person is authorized to access the relevant quotations, files, exchanges and information. The user must remove, or cause to be removed, any access that is no longer justified, including in the event of a role change, departure, end of assignment or loss of authorization.

Submitting a quotation request form, uploading files, using a sketching tool, generating a technical file, sending a message or creating a customer area does not constitute an order.

A quotation request is only a request for review, feasibility analysis, pricing or commercial discussion.

No manufacturing, sale or service contract is concluded merely by sending a form, uploading a file, creating an account, generating a preview, converting a file, receiving an automated estimate or having a preparatory exchange.

A contract is formed only after MARINI has issued a formal quotation and that quotation has been expressly validated in accordance with the procedures indicated by MARINI, including in writing, by email, signature, commercial confirmation or any other means accepted by MARINI. MARINI remains free to refuse a quotation request, request additional information, modify a proposal or not follow up on a request.

The user undertakes to provide accurate, complete, fair and up-to-date information. In particular, the user warrants that they:

• are authorized to act on behalf of the indicated company or organization;
• provide a valid professional email address;
• enter accurate project information;
• transmit files that genuinely relate to the project;
• indicate quantities, materials, tolerances, units, safety constraints, applicable standards, regulatory constraints, delivery constraints, confidentiality requirements and useful manufacturing information.

MARINI cannot be held liable for consequences resulting from inaccurate, incomplete, late, ambiguous or misleading information provided by the user.

The website allows or may allow the upload of technical files, including PDF, DXF, DWG, STEP, STP, SLDPRT, images, photos, sketches or ZIP files.

Accepted formats, maximum sizes, technical limits and applicable controls may change at any time. MARINI may refuse or delete any file that is non-compliant, unreadable, too large, corrupted, dangerous, incomplete or irrelevant.

Files may be uploaded before login or before the final creation of the customer area. In such case, they may then be associated with the quotation request and the customer area created from the email address provided.

Security controls may include checks on format, size, extension, content type, file signature, antivirus, anti-abuse measures or rate limiting. These controls reduce risks but do not constitute an absolute guarantee that a file is free of viruses, errors, corruption or technical defects.

The user must verify that files are exported in a suitable format, at the correct scale, with the correct units, and that they contain only the elements necessary for the project. Website previews or technical messages do not replace the user's verification or MARINI's validation.

The user must not transmit:

• illegal, fraudulent, misleading, insulting, defamatory, discriminatory, obscene or public order-infringing files;
• viruses, Trojan horses, ransomware, offensive scripts, malicious macros, harmful code or files designed to disrupt a system;
• files infringing third-party rights, including copyrights, patents, designs, trademarks, trade secrets or industrial property rights;
• files containing unnecessary personal data, sensitive data or third-party data without a legal basis or authorization;
• files protected by secrecy, a confidentiality obligation, contractual restriction or regulatory restriction without authorization;
• files whose analysis, manufacture or use would be illegal, dangerous or contrary to sanctions, export restrictions, safety rules or applicable regulations;
• files intended to manufacture prohibited objects, illegal weapons, prohibited weapon accessories, dangerous devices or items intended for a manifestly illegal use.

MARINI may delete, isolate, refuse, block or report any suspicious, dangerous or non-compliant file.

The user warrants that they have all rights, authorizations and powers necessary to transmit to MARINI drawings, sketches, photos, CAD files, technical data, specifications, ZIP files or any other document.

The user warrants that the transmission and use of these files by MARINI for review, pricing, possible manufacturing, support, quality, evidence and project follow-up do not infringe third-party rights.

The user shall indemnify MARINI against any claim, action, demand, damage, loss or cost resulting from a breach of this warranty, within the limits authorized by applicable law.

Files submitted by the user remain the property of the user or their right holders.

By submitting these files, the user grants MARINI a limited, non-exclusive, free technical license allowing MARINI to use them only to:

• analyze the project, check feasibility, prepare a quotation;
• convert or preview files;
• exchange with the user;
• manufacture the parts if the quotation is accepted;
• ensure follow-up, quality, support, history and evidence;
• comply with legal, commercial or accounting obligations.

This license is granted for the period necessary for the purposes above, subject to deletion or anonymization rights provided by applicable regulations where personal data is concerned.

MARINI treats technical files, drawings, sketches, CAD models, photos, specifications and industrial data submitted as confidential information.

MARINI undertakes not to publish, sell or use them for purposes unrelated to analysis, pricing, possible manufacturing, follow-up, support or legitimate project archiving.

This operational confidentiality does not constitute a formal confidentiality agreement or NDA. The user must expressly indicate any enhanced confidentiality level, distribution restriction or trade secret constraint before transmitting critical files. Where the user considers that a project requires specific precautions, they may contact MARINI to agree, if MARINI accepts, on a separate transmission channel or adapted arrangements.

The customer area may include a library of parts, files, projects or requests already submitted.

When the user removes a file from their library or requests account deletion, certain copies may remain retained where they are linked to a quotation, order, manufacturing, legal obligation, evidence, dispute, commercial archive, quality follow-up or security need. MARINI therefore does not promise total and immediate deletion of all files or data where legitimate retention is necessary.

The website may include online sketching, preview, conversion, extraction, estimation, CAD/STEP generation or artificial intelligence assistance tools. These tools are provided as technical aids.

Previews, conversions, extractions, automated calculations, estimates, generated STEP files, AI results, generated CAD models or analysis messages do not constitute final technical validation, a firm price, a contractual lead time, a feasibility guarantee, a manufacturing instruction or a manufacturing commitment.

They may contain errors, approximations, data loss, incompatibilities, scale errors, unit errors, omissions or incorrect interpretations. They must be checked by MARINI before any manufacturing or contractual commitment. MARINI cannot be held liable for any direct, unverified, non-validated or unauthorized use of these results by the user.

Depending on the feature used, prompts, descriptions, sketches, technical parameters, extracts or necessary files may be processed by technical or AI providers, including OpenAI. The user must avoid using these tools for information subject to a level of secrecy incompatible with such processing, unless a specific prior agreement has been entered into with MARINI.

Price, lead time, capability, process, material, tolerance or feasibility indications appearing on the website are provided for information only. Only a formal quotation issued by MARINI may specify the conditions applicable to a given project.

A quotation may depend in particular on the quality of submitted files, technical constraints, material availability, quantities, tolerances, finishing operations, delivery constraints, requested lead times, workshop workload, additional information provided by the user and MARINI's commercial validation.

MARINI may modify or withdraw a proposal until it has been accepted in the required form. Lead times become contractual only if expressly confirmed in a validated quotation or commercial document.

Before any pricing or manufacturing, the user must disclose technical constraints, standards, critical uses, loads, installation conditions, safety constraints, regulatory requirements, hazardous environments or constraints relating to equipment subject to specific regulation.

Unless expressly validated in a quotation or technical document, MARINI does not guarantee that the parts manufactured or reviewed will be suitable for an undisclosed use, critical use, safety function, regulated environment or integration into a larger assembly whose constraints are unknown to MARINI.

The user accepts receiving transactional emails necessary for service operation, including customer area login links, request confirmations, acknowledgements, customer area activation, quotation-related messages, status change notifications, requests for additional information, security or maintenance information.

These emails are mainly transactional. Commercial communications, newsletters, advertising audiences or marketing trackers may be implemented by MARINI subject to appropriate information and, where required, an opt-out or consent mechanism.

The user must regularly check their email inbox and secure access to their professional email address.

Magic links, login tokens, access emails and sessions are personal. The user undertakes to:

• not share access links with unauthorized third parties;
• protect access to their email inbox;
• inform MARINI in the event of unauthorized access, loss, compromise or suspected fraudulent use;
• log out when using a shared device;
• not circumvent the website's security measures.

MARINI cannot be held liable for consequences resulting from compromise of the user's email address, voluntary transfer of a login link or unauthorized account use attributable to the user.

Certain previews, temporary links, signed URLs, generated files or upload-related items may be accessible through a technical identifier or non-public link. Such links may be difficult to guess, limited, logged or protected depending on the case, without necessarily requiring full authentication for each access.

The user undertakes not to share these links with unauthorized third parties.

For highly confidential files, the user may contact MARINI before upload in order to agree, if MARINI accepts, on a specific transmission channel. MARINI does not guarantee that every channel is suitable for every level of sensitivity or secrecy.

The user undertakes to use the website fairly, professionally and in accordance with its purpose. In particular, the user must not:

• disrupt the operation of the website;
• attempt to access unauthorized areas;
• test or circumvent security without authorization;
• use the website to send spam;
• upload malicious files;
• misuse technical tools;
• transmit illegal content;
• impersonate a third party;
• provide false information;
• infringe the rights of MARINI or third parties.

MARINI may suspend, limit or delete a user's access to the website or customer area in the event of breach of these Terms, suspected fraud, upload of dangerous files, abusive use, attempted unauthorized access, security risk, authority request, technical necessity or legal necessity.

This measure may be taken without notice in the event of urgency or risk to the website, data, files, systems or other users.

Suspension of company or collaborator access does not necessarily delete the user's personal account, which may retain access to items belonging to that user or to items whose retention remains legitimate. MARINI may retain technical or audit logs necessary for security, evidence, rights management or compliance with its obligations.

The website, its architecture, interfaces, content, databases, features, texts, images, graphics, logos, trademarks, code and technical elements are protected by intellectual property rights.

No ownership right is transferred to the user merely by using the website. Any unauthorized reproduction, extraction, adaptation, distribution, modification or exploitation is prohibited.

Tools, methods, scripts, models, templates, parameters, processes, know-how, developments, libraries, workflows, pricing systems, manufacturing methods or internal elements used by MARINI remain the exclusive property of MARINI.

Any delivery of a preview, generated file or technical document does not transfer any right in the tools or methods used to produce it.

Personal data processing carried out in connection with the website is described in MARINI's Privacy Policy.

The user is invited to consult it before transmitting any data or files.

Where account deletion or anonymization is requested, certain data linked to quotations, orders, files, messages, commercial archives, accounting obligations, evidence, security incidents or disputes may be retained, limited or dissociated from the account under the conditions described in the Privacy Policy.

The website may contain links to third-party websites. MARINI is not responsible for the content, security, availability or practices of such third-party websites.

Any user may report to MARINI any content, file, link, access, message or use of the website that they consider unlawful, fraudulent, dangerous, contrary to third-party rights or contrary to these Terms, by writing to [email protected].

The report must contain the information required to identify the content or access concerned, the reason for the report, the rights invoked where applicable, the reporter's contact details and any useful supporting document. MARINI may request additional information, limit access, remove content, suspend an account or reject a request that is manifestly abusive, insufficiently substantiated or unfounded.

MARINI is liable only for direct, certain and foreseeable damage resulting from proven fault in the operation of the website, subject to the limits permitted by applicable law.

MARINI cannot be held liable for inaccurate information provided by the user, files transmitted without rights, incomplete, corrupted, improperly exported or unreadable files, errors resulting from misinterpretation of a file, unit or scale errors, losses linked to unverified use of a preview, conversion or AI generation, indirect damages, operating losses, loss of revenue, loss of margin, loss of opportunity, damage to reputation, business interruption, data loss resulting from user conduct, or damage resulting from force majeure or a third party.

In a B2B context, the user acknowledges that they have the professional skills necessary to verify the information, files, specifications, units, tolerances, uses and technical results transmitted or obtained via the website. The liability limitations provided in these Terms do not apply in cases of gross negligence, willful misconduct, bodily injury or where prohibited by applicable law.

MARINI cannot be held liable for delay, inability to access the website or non-performance resulting from an event reasonably beyond its control, including hosting provider failure, network failure, cyberattack, natural disaster, fire, strike, labor dispute, administrative decision, failure of an essential provider or any event qualified as force majeure under French law.

MARINI may amend these Terms at any time to reflect changes to the website, its services, tools, technical constraints, practices or applicable law.

The applicable version is the version published on the website on the date of use, subject to any prior version expressly accepted for a given request or contract. Continued use of the website after publication of a new version constitutes acceptance of that version, subject to mandatory applicable rules.

MARINI recommends retaining a copy or record of the version applicable to important requests. Where the service allows it, MARINI may record the version of the Terms accepted in order to facilitate evidence and contractual follow-up.

If any clause of these Terms is declared invalid, unenforceable or deemed unwritten, the remaining clauses remain applicable.

MARINI's failure to rely on a clause of the Terms at any given time does not constitute a waiver of its right to rely on it later.

These Terms are governed by French law.

In the event of a dispute relating to use of the website, the parties will endeavor to find an amicable solution.

If a user acts as a consumer within the meaning of applicable law, mandatory consumer protection rules remain reserved. No consumer mediator has been designated at this stage, as the website is mainly intended for professional customers and requests from individuals are handled only exceptionally.

Failing amicable resolution, and subject to mandatory applicable provisions, any dispute between professionals will be submitted to the competent courts within the jurisdiction of Bobigny, including the Bobigny Commercial Court where competent.

In the event of any discrepancy between the French version and any translation, the French version shall prevail.

For any question relating to these Terms, the user may contact MARINI by email at [email protected] or by mail to MARINI — 25 boulevard Robert Schuman, 93190 Livry-Gargan, France.