TERMS OF USE

Last updated: 18 March 2026

These Terms of Use (“Terms of Use”) set out the rules and conditions governing the operation, browsing and use of the website https://www.mysmartbook.fr operated by MY SMART BOOK SAS (our “Website”).

These Terms of Use supplement, and are separate from, the following documents:

• Our Legal Notice identifying the publisher and hosting provider of the Website: Legal Notice
• Our Privacy and Cookie Policy: Privacy and Cookies
• Our Terms and Conditions of Sale governing our commercial relationship with you (“Terms of Sale”): Terms and Conditions of Sale .

1. Acceptance

Access to our Website requires you to read and accept these Terms of Use beforehand. Once you have read them, you will be asked to indicate your acceptance by ticking the appropriate checkbox. If you do not agree with these Terms of Use, you must immediately stop browsing the Website. You will not be able to access the services it provides.

You will be asked to confirm your acceptance of the Terms of Use then in force if you create a Customer Account or order an ebook through our Website. If you no longer agree with our Terms of Use, you must request the closure of your Customer Account and cease browsing the Website.

2. Purpose of the Website

MY SMART BOOK SAS (the “Bookstore”) is intended for users located in metropolitan France and enables you to select, purchase and download digital books (“ebooks”) from its Website from a broad catalogue (in 2026: the entire French-language ePagine catalogue and a selection of English-language titles). These digital books are supplied in various file formats (e.g. PDF, MP3, EPUB), as specified on a case-by-case basis for each title on the Website. By “download”, we mean the transmission and reproduction of a digital book onto your hard drive or any other data storage device belonging to you, such as a computer, e-reader, tablet or smartphone.

3. Access and Restrictions

Access to our Website and to the products and services offered through it is provided via the Internet and requires electronic devices and reading software that meet customary technical requirements and standards, except where specific requirements are indicated, having regard to the current state of technology.

We endeavour to make the Website, products and services available to our customers 24 hours a day, 7 days a week, throughout the year. However, the Bookstore reserves the right to suspend access temporarily or discontinue access permanently, without prior notice or compensation, for any reason whatsoever, and shall not be liable for any damage arising as a result. You are responsible for making any recordings or backup copies that may be necessary, to the extent permitted.

We cannot be held liable in cases of force majeure or insurmountable and unforeseeable circumstances caused by third parties. The Bookstore accepts no liability for temporary or permanent difficulties, electrical or network problems or failures, or for alterations, losses or other problems affecting your equipment or data in this context, including any viruses that may infect your equipment or data following use of or access to the Website and/or its products and services.

In the event of technical difficulties, failure to receive the email providing access to the page containing the download links for a digital book you have purchased, or if the download links are not available in your Customer Account, certain operators may be able to assist you directly. Our Customer Service team will respond within 48 hours to questions submitted by email to [email protected] or by telephone on +33 (0)6 89 54 26 13, Monday to Friday from 9:00 a.m. to 7:00 p.m. and Saturday from 9:30 a.m. to 12:00 noon.

Any unauthorised intrusion, damage, representation, reproduction, modification, or total or partial commercial use of any element of the Website or offered through the Website is strictly prohibited and may result in legal proceedings. The rights granted to you when purchasing a digital book are specified in our Terms and Conditions of Sale and in the user licence applicable to the relevant digital book. Authorisation to download a digital book does not constitute authorisation to represent, reproduce, modify or commercially exploit all or any part of the elements of the Website or offered through the Website.

You represent and warrant that you are responsible for your actions, have the legal capacity to make purchases through our Website, will not impersonate another person, are not subject to any legal prohibition or restriction preventing access to our products and services, and do not intend to use them for any unlawful or illegal purpose.

4. Content

We accept no liability for any malfunction of hyperlinks contained in documents available on our Website, which may also be accessible by clicking directly on the relevant tabs, or for links pointing to external sources whose accuracy or content may be questionable.

Photographs, articles, visual materials and information published on our Website are provided for information purposes only and have no contractual value.

We neither take a position on nor accept any responsibility for the content of the digital books sold through the Website, including where such content concerns political, historical, scientific, controversial, legal, moral or other matters, except to the extent strictly and reasonably required by applicable law in our capacity as a bookseller. The same applies to articles open to comments or content posted on a forum. Where applicable, you undertake to use such features with moderation and courtesy, including where opinions differ. We would appreciate being informed of any event or content that you consider unacceptable. The Website reserves the right to moderate publications, refuse to publish them or remove them without having to provide any justification or explanation. By publishing text or comments on our Website, you grant us a non-exclusive, royalty-free right to display, reproduce, modify, adapt, distribute and disseminate such content anywhere and on any medium, worldwide, for the entire duration of the applicable intellectual property rights. Each time such content is used, the publisher undertakes to display the member’s name in proximity to the publication.

Our Website uses security measures. We have implemented SSL encryption and have strengthened our data scrambling and encryption procedures in order to protect sensitive information relating to payment methods as effectively as possible.

5. Governing Law and Disputes Relating to These Terms of Use

These Terms of Use are drafted in French, which shall be the only legally binding language even where translations are made available. They are intended for a French audience located in France. They are governed by French domestic law, without reference to conflict-of-law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

In the event of a dispute concerning these Terms of Use, you undertake to contact us in order to seek an amicable solution. For this purpose, you must provide us with a complete, substantiated and documented description of your complaint. If no amicable solution can be reached through discussion within one month following receipt of a complete file or of the final document required to complete it, the dispute shall be considered unresolved.

If you are acting as a consumer, you may refer the dispute to mediation by contacting CM2C – 49 rue de Ponthieu – 75008 Paris, France, Tel.: +33 (0)1 89 47 00 14, website: https://www.cm2c.net/declarer-un-litige.php , email: [email protected] , after notifying us of your decision in writing. Mediation is one of the Alternative Dispute Resolution (ADR) mechanisms available, which also include conciliation, direct negotiation or negotiation between lawyers, settlement agreements, collaborative proceedings and, where appropriate, arbitration. In the event of a cross-border dispute within Europe, consumers may also contact the European Consumer Centre (ECC).

Any unresolved dispute may be submitted by the most diligent party to the competent French courts in accordance with French procedural rules. Where proceedings are brought by a non-resident or foreign party, jurisdiction shall lie with the Judicial Court of Paris, including in relation to applications for preparatory, interim, emergency, ex parte, summary or similar measures.