T&Cs of Sale for Creadigme SaaS
General Terms and Conditions of Sale (GTC) for Creadigme SaaS software subscription
CREADIGME SAS, a Simplified Joint Stock Company (SAS) with a capital of €5,000, registered with the Mulhouse RCS under number 912 147 352, with its registered office located at 26 RUE VICTOR SCHOELCHER 68200 MULHOUSE, FRANCE.
The company can be contacted by email by clicking on the contact form accessible via the home page of the website.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the natural or legal person making the purchase of the Company's products or services, Hereinafter, the "Buyer" or the "Customer"
On the other hand,
It has been exposed and agreed as follows:
1. Purpose
These general terms and conditions of sale (GTC) govern the contractual relationships between the Company and the Customer in the context of the sale of the subscription to the Creadigme SaaS software (hereinafter the "Service") by the Seller. Without any restriction or reservation, these general sales conditions govern all sales made by the Seller, whether the Customers are individuals or legal entities.
2. Acceptance of the GTC
Subscribing to a contract governed by these GTC implies the full and unreserved acceptance by the Customer of these general terms and conditions of sale. The Customer acknowledges having read and accepts them without restriction or reservation.
3. Usage License
3.1. License Grant
By subscribing to the Service subscription, the customer is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the SaaS software services solely for their own internal needs. The customer agrees not to use the services for illegal purposes or purposes prohibited by these GTC.
3.2. Usage Restrictions
The customer is not allowed to (i) copy, modify, create derivative works, reverse engineer, decompile or disassemble the software; (ii) sell, rent, sublicense, distribute or transfer the software to third parties; (iii) use the software to provide services to third parties, including but not limited to, as a service bureau, in SaaS mode or as an outsourcing service.
3.3. Intellectual Property
All rights, title, and interests in the software, including intellectual property rights, remain the exclusive property of the Company. No ownership rights are transferred to the customer under these GTC.
3.4. License Termination
In the event of termination of this contract for any reason, the license granted to the customer for the use of the Service will end immediately, and the customer must stop using the services.
4. Subscription Terms
The Customer can subscribe to the Service by choosing a monthly or annual subscription. Payment of the subscription is made by credit card or SEPA direct debit via the Stripe payment platform. Pricing is flexible, with preferential rates for the annual subscription. Decreasing rates are offered depending on the number of users. Cancellation of the subscription is possible at the end of the current subscription period, without penalties.
5. Price and Payment
5.1. Price
The prices of the Service subscriptions are indicated on the Company's website. They are expressed in euros and are exclusive of taxes.
5.2. Price revision
The Company reserves the right to change its prices at any time. Subscriptions taken out before the price change remain subject to the rates in force at the time of their subscription.
5.3. Payment
Payment for the Service subscription is made by credit card or SEPA direct debit via the Stripe payment platform. The Client guarantees to the Company that they have the necessary authorizations to use the chosen payment method. The Company reserves the right to suspend or cancel any order or delivery in case of non-payment or irregular payment.
6. Access and availability of the Service
The Company undertakes to implement all reasonable means to ensure access and availability of the Service. However, the Company cannot guarantee continuous and uninterrupted availability of the Service, due in particular to technical constraints, maintenance, or updates. The Client acknowledges and accepts these limitations.
7. Warranty
7.1. Conformity warranty
The Company guarantees that the Service will be in accordance with its description on the website and that it will be suitable for the expected use by the Client, provided that this use is in accordance with the technical and functional requirements specified on the website.
7.2. Quality warranty
The Company undertakes to provide the Service with a professional level of quality, by implementing the necessary efforts to ensure continuous and uninterrupted service, as far as possible. However, the Company cannot guarantee that the Service will be free of errors, bugs, or temporary interruptions, nor that all features will always be available.
7.3. Warranty limitation
The warranty offered by the Company is limited to the correction of conformity or quality defects reported by the Client within a reasonable period. Under no circumstances shall the Company be held liable for any indirect or immaterial damages suffered by the Client as a result of a conformity or quality defect of the Service.
7.4. Warranty exclusions
The warranty does not apply in the following cases:
Abusive, negligent, or non-compliant use of the Service by the Client; Unauthorized modification of the Service by the Client; Problems resulting from the use of hardware, software, or a network that is not compatible or does not comply with the technical specifications of the Service. The Client is responsible for using the Service in accordance with the instructions and specifications provided by the Company.
8. Service Level Commitments (SLA)
8.1. Service availability
The Company undertakes to ensure a Service availability of 99% on a monthly basis. Availability is measured over a 30-day period, excluding scheduled maintenance periods.
8.2. Scheduled maintenance
The Company reserves the right to carry out scheduled maintenance operations on the Service to ensure its proper functioning and updating. As far as possible, the Company will inform Clients of any scheduled maintenance in advance, indicating the dates and times planned for maintenance operations.
8.3. Technical support
The Company will provide technical support to Clients to help them resolve issues related to the use of the Service. Technical support is available during business hours and can be contacted by email or through a contact form on the website. The Company undertakes to respond to technical support requests within 48 business hours.
8.4. Compensation for non-compliance with SLAs
If the Company fails to meet the service level commitments set forth in this section, the Customer may be eligible for compensation in the form of credits to be applied to future use of the Service. Compensation will be determined based on the duration and severity of the Service unavailability and will be capped at a maximum amount equivalent to one month's subscription. To request compensation, the Customer must contact the Company's technical support within 30 days following the end of the unavailability period concerned.
9. Liability
The Company cannot be held responsible in case of non-compliant use of the Service with these GTC or in case of direct or indirect damages resulting from the use of the Service by the Customer.
10. Claims and termination
In case of a claim or dispute, the Customer undertakes to contact the Company in writing providing all necessary elements for the examination of the claim. The Company commits to respond to claims as soon as possible.
The Customer may terminate their subscription to the Service at the end of the current subscription period without penalties.
11. Fair Use
In order to guarantee an optimal level of service quality for all Customers, the Company implements a fair use policy for the Service. This policy aims to prevent abuses and excessive uses of the Service that could harm the performance, availability, or security of the Service for other Customers.
The Customer agrees to use the Service reasonably and responsibly, and not to engage in excessive or abusive use. Customers who use the Service in a standard manner and in accordance with the purpose of the Service are not affected by this fair use policy.
The Company reserves the right to monitor the use of the Service to ensure compliance with this fair use policy.
If the Company finds that the Customer does not comply with the fair use policy, it reserves the right to take appropriate measures, such as limiting, suspending, or terminating access to the Service after informing the Customer. Customers affected by such measures will be contacted by the Company to discuss possible solutions to remedy the situation.
By accepting these GTC, the Customer acknowledges and agrees to this fair use policy and commits to comply with it.
12. Personal Data
The Company collects and processes Customers' personal data in compliance with applicable personal data protection regulations. For more information on the processing of personal data, the Customer is invited to consult the Company's privacy policy.
13. Force Majeure
13.1. Definition
A force majeure event is an unpredictable, irresistible, and external event that prevents one of the parties from performing all or part of its obligations under this contract. Force majeure events include, but are not limited to, natural disasters, fires, floods, earthquakes, storms, epidemics, acts of war, acts of terrorism, riots, insurrections, strikes, lockouts, power outages, network failures, communication problems, and acts of government or competent authorities.
13.2. Suspension of obligations
If either party is prevented from performing all or part of its obligations due to a force majeure event, it must inform the other party in writing as soon as possible. The obligations of the party affected by the force majeure event are suspended for the duration of the event, provided that the affected party does its best to minimize the effects of the force majeure and resumes the performance of its obligations as soon as possible.
13.3. Termination for force majeure
If a force majeure event lasts for more than 30 consecutive days, either party may terminate this contract in writing, without incurring liability to the other party. In this case, amounts already paid for services not provided due to the force majeure will be refunded to the customer.
14. Intellectual property
All elements of the Service, such as software, codes, texts, images, logos, trademarks, and other elements, are the exclusive property of the Company or its partners and are protected by intellectual property laws. Any reproduction, representation, modification, publication, transmission, or distortion, in whole or in part, of the elements of the Service is strictly prohibited without the express and prior permission of the Company.
Some illustrations used on the site are the property of unDraw (https://undraw.co/) and are used under a Creative Commons Attribution 4.0 International license.
15. Applicable law and competent jurisdiction
These GTC are subject to French law. In the event of a dispute between the Company and the Customer, the parties will endeavor to find an amicable solution. In the absence of an amicable agreement, the dispute will be brought before the competent courts within the jurisdiction of the Company's registered office.
This document has been translated; in case of discrepancies, the original document should be consulted.
Last updated on: Monday, May 22, 2023