Terms applicable to subscriptions to the MBI Clone software sold by MB INFORMATIQUE to business customers. Version dated 4 October 2026.
These terms and conditions of sale (the “Terms”) govern the contractual relationship between:
MB INFORMATIQUE SARL, a French limited liability company with share capital of €1,000, whose registered office is at 120 rue de l’Île Napoléon, 68170 Rixheim, France, registered with the Mulhouse Trade and Companies Register under SIREN number 834 342 362, registered office SIRET number 834 342 362 00029, EU VAT number FR07 834 342 362, reachable through the contact form on mbiclone.com and by telephone on +33 3 89 65 90 45, hereinafter “MB INFORMATIQUE”;
and any individual or legal entity acting for business purposes who subscribes to the MBI Clone software, hereinafter the “Customer”.
Clause 1: Purpose and scope
The Terms set out the conditions under which MB INFORMATIQUE grants the Customer, by subscription, the right to use MBI Clone, Windows disk cloning and user profile transfer software intended for computer repair shops and IT professionals.
The subscription is exclusively for business customers established in France or another European Union Member State. It is not offered to consumers or non-professional customers. By placing an order, the Customer declares that they are acting for their business activities.
Every order implies full acceptance of the Terms in force on the order date. They prevail over any purchasing terms of the Customer, unless MB INFORMATIQUE agrees otherwise in writing.
Clause 2: Definitions
- “Software”: the MBI Clone software, its updates and documentation.
- “Subscription”: the contract giving the Customer the right to use the Software for a paid monthly or annual period.
- “Licence Key”: the key in the format MB-XXXXX-XXXXX-XXXXX-XXXXX-XXXXX provided to the Customer to activate the Software.
- “Computer”: any computer on which the Customer installs and activates the Software.
- “End Customer”: any person on whose behalf the Customer performs work, including their own customers.
- “Operation”: any cloning, profile transfer, migration or other processing performed with the Software.
- “Data”: the systems, files, accounts, settings and information on the disks and computers involved in an Operation.
Clause 3: Orders
Orders are placed online on mbiclone.com. The Customer selects the monthly or annual plan, enters their company name, SIREN or EU VAT number, address and email address, accepts the Terms, then makes payment.
The contract is concluded when the payment provider confirms payment. MB INFORMATIQUE then provides the Customer with their Licence Key and emails an order summary.
The Customer guarantees that the information provided, particularly their EU VAT number, is accurate and undertakes to report any changes.
MB INFORMATIQUE reserves the right to refuse an order for a legitimate reason, including inaccurate or incomplete information, an invalid VAT number, a previous failure to pay, suspected fraud or use contrary to these Terms.
The records held by MB INFORMATIQUE and its payment provider serve as evidence of the order, its content and payment.
Clause 4: Prices and VAT
Prices are those displayed on mbiclone.com on the order date, in euros excluding VAT: €30 per month per company for the monthly plan, or €300 per year per company for the annual plan.
The price includes use of the Software by an unlimited number of the Customer’s technicians, on an unlimited number of Computers, for an unlimited number of End Customers and Operations, as well as updates released during the Subscription.
For a Customer established in France, French VAT is added at the current rate. For a Customer established in another European Union Member State, the price is invoiced excluding VAT and the Customer accounts for VAT under the reverse charge mechanism, pursuant to Article 196 of Directive 2006/112/EC. This requires a valid EU VAT number, checked with the European VIES system when ordering. Without a valid number, an order from a Customer established outside France cannot be accepted.
MB INFORMATIQUE may change its prices at any time. For an existing Subscription, a new price applies only at the renewal following at least 30 days’ notice emailed to the Customer; the Customer may cancel before it takes effect.
No discount is granted for early payment.
Clause 5: Payment and invoicing
The price is payable in advance, when ordering and on each subsequent due date, by bank card or SEPA direct debit according to the methods offered at checkout. Payments are processed by Stancer, a payment service provider: MB INFORMATIQUE neither receives nor stores the Customer’s bank card details.
For SEPA direct debit payments, the Customer signs an online direct debit mandate authorising successive debits for the Subscription.
An invoice is issued for each paid period and sent electronically to the Customer.
Clause 6: Late payment and non-payment
If a payment is declined, a direct debit is rejected or payment is stopped, MB INFORMATIQUE informs the Customer and may submit the payment again. If payment is not regularised, the Subscription is not renewed and ends under clause 7.
Any amount unpaid on its due date automatically incurs, without prior formal notice, late payment interest at three times the current French statutory interest rate and a fixed €40 recovery fee, pursuant to Articles L.441-10 and D.441-5 of the French Commercial Code. Where recovery costs exceed that amount, MB INFORMATIQUE may request additional compensation supported by evidence. Bank charges for a rejection attributable to the Customer may be recharged to them.
Clause 7: Subscription term, renewal and termination
The Subscription starts upon confirmation of the first payment, for the selected period.
The monthly plan renews automatically each month through payment of the amount due, until cancelled. The annual plan renews for another year through payment for the next period: MB INFORMATIQUE sends the Customer a reminder at least 30 days before the due date.
The Customer may cancel their Subscription at any time using the website contact form or in writing. Cancellation takes effect at the end of the current, already paid period; no refund is due for a period that has started. The Customer may switch plans at renewal.
MB INFORMATIQUE may terminate the Subscription as of right 15 days after an unanswered formal notice sent by email or registered letter with acknowledgement of receipt, if the Customer breaches their obligations, particularly payment obligations. In the event of fraud, Licence Key sharing or a serious breach of clause 8, termination may be immediate.
The right to use the Software ends when the Subscription ends. The usage right granted to each Computer never extends beyond the end of the Subscription. The licence is checked when the Software starts: the end of a Subscription never interrupts an Operation already in progress.
Clause 8: Software licence
For the Subscription term and subject to payment, MB INFORMATIQUE grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the Software for their business activities, including work performed for End Customers.
A Subscription covers one company, identified by its SIREN or EU VAT number, including all its establishments, employees and collaborators. Another legal entity, even one linked to the Customer, particularly within a network or franchise, must have its own Subscription.
The Customer must not, in particular, resell, rent, lend, sublicense or make the Software or Licence Key available to a third party; bypass or disable the activation mechanism; modify, decompile or disassemble the Software except as authorised by Article L.122-6-1 of the French Intellectual Property Code; or remove its ownership notices.
Activating a Computer requires an Internet connection. The usage right is then renewed in the background; without a connection, the Computer operates during a default 14-day grace period. MB INFORMATIQUE may apply technical limits to prevent abuse, such as a maximum number of activations per day, without restricting normal use of the Software.
The Licence Key is confidential. The Customer is responsible for its use and must report any loss or disclosure without delay; MB INFORMATIQUE may then revoke it and issue a new one.
MB INFORMATIQUE owns and retains all intellectual property rights in the Software. Nothing in these Terms transfers those rights. Any third-party components included in the Software remain subject to their own licences.
Clause 9: Updates and support
Updates released during the Subscription are included. They are announced in the Software and installed only with the Customer’s agreement. MB INFORMATIQUE may develop the Software, particularly to improve it, strengthen security or comply with regulations, and may discontinue support for a Windows version no longer supported by its publisher after informing the Customer.
Support is provided on working days through the website contact form and by telephone. MB INFORMATIQUE exercises the care expected of a professional, without committing to a response time. To investigate an incident, the Customer may send a diagnostic report from the Software; it is sent only on the Customer’s action.
Clause 10: Technical requirements
The Software runs on 64-bit Windows 10 or 11 with an x86-64 processor; ARM-based computers are not supported. Cloning requires Windows 10 version 1809 or later. The Software runs with administrator rights and requires an Internet connection for activation.
Before subscribing and before every Operation, the Customer must check that their Computers, disks, docking stations, enclosures and cables are compatible and in good working order.
Clause 11: Operations, backups and risks of data loss
The Software is a tool for IT professionals. Operations involve disks, systems and Data that MB INFORMATIQUE does not know or control: the Customer performs them under their sole direction and responsibility.
Any work on a disk entails an inherent risk of Data loss, alteration or unavailability, even when the Software operates normally. This risk may result in particular from:
- failure, wear or breakdown of the source or destination disk, including unreadable sectors, a fault reported or not reported by SMART self-diagnostics, or a breakdown during the Operation;
- failure of another component, such as a controller, memory, power supply, docking station, USB enclosure or cable;
- a power cut, sleep mode, disconnection or computer shutdown during the Operation;
- a damaged file system, encryption (BitLocker, EFS…), malware or security software blocking access to files;
- incorrect disk selection or actions by the Customer or a third party;
- Data outside the scope of the Operation, such as redirected folders, other partitions or online services.
Before every Operation, the Customer undertakes to make, or have the Data owner make, a complete, recent and verified backup of the relevant Data on media separate from the disks being processed, and to retain it until the Operation’s result has been checked and accepted by the End Customer. The Software is not a backup solution.
The Software’s safeguards, such as checks before writing, a read-only source disk, verification after copying, a report of transferred items and items that must be re-entered, or rescue mode, reduce risks without eliminating them. They do not guarantee recovery of Data from a failing disk, a complete transfer or the ability of a cloned system to start on all hardware. Rescue mode recovers what can still be read: unreadable files are listed in the report but are not recovered.
The Customer checks the result of every Operation, particularly system startup, the presence of Data and the Software report, before returning a computer or reusing, erasing or disposing of a source disk.
The Software runs on the Customer’s Computers; network transfers take place directly between the two computers involved. MB INFORMATIQUE therefore has no access to the Data and cannot back it up or restore it.
The Customer alone is responsible towards their End Customers, particularly for informing them of risks, obtaining their agreement, backups, and the pricing and warranties of their own services. MB INFORMATIQUE is not a party to contracts between the Customer and their End Customers. The Customer indemnifies MB INFORMATIQUE against any claim by an End Customer or a third party relating to an Operation, except where MB INFORMATIQUE’s fault is proven.
Clause 12: Warranty
MB INFORMATIQUE warrants that the Software operates substantially in accordance with its documentation on a configuration meeting the requirements of clause 10. When a reproducible issue is reported, it endeavours to correct it through an update or provide a workaround within a reasonable time.
MB INFORMATIQUE does not warrant uninterrupted or error-free operation, compatibility with all hardware, software or configurations, or satisfaction of a particular need not described in the documentation. The warranty does not apply to use contrary to the documentation or Terms, faulty hardware or modification of the Software.
Clause 13: Liability
MB INFORMATIQUE has an obligation to exercise reasonable care and efforts, rather than to achieve a guaranteed result. Liability may arise only where its fault is proven.
MB INFORMATIQUE is not liable for damage resulting from non-compliant use of the Software, a failure to back up attributable to the Customer, hardware failure, any cause described in clause 11, third-party intervention, unavailability of the Internet or a third-party service, or force majeure.
MB INFORMATIQUE’s liability is limited to direct, personal and certain damage. Indirect damage is excluded, including loss of turnover, operating losses, loss of customers or opportunity, reputational harm, commercial damage and third-party claims, as well as Data loss or alteration and reconstruction costs where the Customer has not met their backup obligation.
Except in cases of gross negligence, intentional misconduct or a contrary mandatory legal provision, total compensation payable by MB INFORMATIQUE for all causes may not exceed the amount excluding VAT actually paid by the Customer for the Subscription during the twelve months preceding the event giving rise to liability. Any liability claim must be brought within one year of that event.
Clause 14: Suspension
MB INFORMATIQUE may suspend renewal of the usage right or revoke the Licence Key, after informing the Customer where circumstances allow, in the event of non-payment, fraud, Licence Key sharing, a breach of the Terms or a risk to the security of the Software or its servers. Suspension does not release the Customer from payment of amounts due.
Clause 15: Personal data and confidentiality
MB INFORMATIQUE processes the Customer’s personal data needed to manage orders, payments, invoicing, licences and support in compliance with the General Data Protection Regulation and the French Data Protection Act. Details of this processing and the Customer’s rights appear on the website’s Privacy page.
Activation sends an anonymous Computer fingerprint to MB INFORMATIQUE. A diagnostic report is sent only on the Customer’s action; it may contain the computer name, disk serial numbers and file paths, but never file contents.
The Customer is responsible for personal data processing carried out with the Software for their End Customers. Where MB INFORMATIQUE processes such data on the Customer’s behalf, particularly through a diagnostic report, it uses the data only to investigate the incident, and the parties agree an arrangement compliant with Article 28 of the GDPR where necessary.
Each party undertakes to keep confidential any non-public information of the other party learned during the Subscription, except where disclosure is required by law or a competent authority.
Clause 16: Force majeure
MB INFORMATIQUE cannot be held liable if failure or delay in performing an obligation results from force majeure within the meaning of Article 1218 of the French Civil Code, including a widespread network outage, a major cyberattack, failure of an essential supplier, a natural disaster, an administrative or judicial decision, or any event reasonably beyond its control.
Clause 17: Governing law and disputes
The Terms are governed by French law. They are written in French; in the event of a translation, only the French version prevails.
In the event of a dispute, the Customer is invited to contact MB INFORMATIQUE to seek an amicable solution. Failing this, any dispute relating to the formation, interpretation, performance or termination of the Terms is subject to the exclusive jurisdiction of the Mulhouse Commercial Court, including interim proceedings, third-party proceedings, incidental claims or multiple defendants.
Clause 18: Miscellaneous provisions
If any provision of the Terms is held invalid, the others remain fully effective. MB INFORMATIQUE’s failure to invoke a clause does not waive its right to invoke it later.
MB INFORMATIQUE may amend the Terms. The applicable Terms are those in force on the order date; for an existing Subscription, new Terms apply at the renewal following at least 30 days’ notice emailed to the Customer, and the Customer may cancel before they take effect.