AirSaas Company (the "Company") is a French Société par Actions Simplifiée (SAS), registered with the Toulouse Trade and Companies Register under number 893 294 991, with its registered office located at 231, rue Pierre et Marie Curie, 31670 Labège.
The Company can be contacted at the following email address: email@example.com.
Through a platform (the "Platform"), the Company offers its customers (the "Customers") services known as "project reporting," which enables businesses to manage their projects (the "Projects") as well as a tool for referencing and searching for existing SaaS solutions on the market (the "Tool") (collectively, the "Services").
The contractual relationship between the Customer and the Company is governed, in decreasing hierarchical order, by the following documents:
The quote (the "Quote")
The general terms (the "General Terms")
The order form(s)
The Quote may be followed by the issue of order form(s) that must be validated by the Company.
The Customer must:
The Customer must provide the Company with all the information marked as mandatory.
The registration process leads to the opening of an account in the name of the Customer (the "Account") by the Company, which creates the first access as an administrator (the "Administrator") to access the Services using their login ID and password.
Once the Account is created, the Customer through the Administrator can freely create access for users (the "Users," with the Administrator also being considered a User) up to the number subscribed.
The Customer is solely responsible for creating access for the Users, setting up their access rights, and their personal use of the Platform.
The Customer can access the Services:
The Customer acknowledges:
The Services to which the Customer has subscribed are described in the Quote.
The Customer notably has access to the following Services:
The Company reserves the right to offer any other Service, particularly additional features to the Services described above (the "Features").
Any request to modify the subscribed Services must be subject to an additional Quote.
The Customer benefits from maintenance, particularly corrective and evolutionary, during the duration of the Services. In this context, access to the Platform may be limited or suspended.
Regarding corrective maintenance, the Company makes its best efforts to provide the Customer with corrective maintenance to fix any malfunction or bug identified on the Platform.
Regarding evolutionary maintenance, the Customer benefits from evolutionary maintenance during the duration of the Services, which the Company may perform automatically and without prior notice, and which includes improvements to the Platform's features and/or technical installations used within the Platform (aiming to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for planned maintenance reasons, which may include corrective or evolutionary maintenance services.
The Company provides, in terms of a best-effort obligation, the hosting of the Platform, as well as data produced and/or entered by/on the Platform, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.
In case of difficulty encountered when using the Services, the Customer can contact the Company directly via the dedicated chat on the Platform.
The Customer subscribes to the Services by purchasing a certain number of User licenses (a "Pack") from the Company and/or by subscribing to Features.
If the Customer wishes to increase the number of User licenses and/or add Features, they will need to subscribe to a new Pack and/or the desired Feature, which will be added to the existing Pack(s) and Feature(s).
Unless otherwise indicated in the Quote, the first Pack subscribed to by the Customer begins on the day of its subscription for an initial period of 1 year.
For subsequent Packs (i.e., beyond the first) and Features, they begin on the day of their subscription for the remaining duration until the renewal of the first Pack.
The Packs correspond to a number of User Licenses (the “User Licenses”).
Unless otherwise indicated in the Quote, the User Licenses included in the Packs and any possible Features are tacitly renewed, for successive periods of 1 year (with the initial period, the "Periods"), from date to date.
The Customer may terminate some or all User Licenses and/or Features under the conditions of the article "Termination of User Licenses and Features, End of Services".
For example, the Customer subscribes to a first Pack on January 1st, 2022 including 10 User Licenses, then to a second Pack on April 1st, 2023 including 20 User Licenses:
The prices of the Services to which the Customer has subscribed are indicated in the Quote.
Any Period started is due in its entirety.
The Company is free to offer promotional offers or price reductions.
Prices can be revised at any time under the conditions of the article "Changes to the General Conditions".
The Company sends the Customer an invoice at the beginning of the Period by any useful means.
Payment is made on the subscription date of each Pack and/or Feature, then at each renewal, by bank transfer to the details indicated on the Company's invoices or, once the feature is available, by direct debit.
The Customer guarantees to the Company that they have the necessary authorizations to use this method of payment.
Regarding the Packs and Features subscribed beyond the first Pack, the Quote indicates the price due for a period of 12 months. However, regarding the initial Period, the Customer will only be liable to the Company for the price calculated pro rata (calculated on the number of days of use of the Platform).
If the Company owes the Customer a sum of money whose amount and due date are not contested, this sum is automatically offset, without any formality, against the price of its Services, whether the conditions for legal compensation are met or not.
In case of non-payment or late payment, the Company reserves the right, from the day following the due date shown on the invoice, to:
The Platform is the property of the Company, as well as the software, infrastructure, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) that it operates. They are protected by all intellectual property rights or database producer rights in force. The User Licenses that the Company grants to the Customer do not involve any transfer of ownership.
The Customer, and the Users, have a non-exclusive and non-transferable SaaS mode license to use the Platform for the duration provided in the article "Subscription Duration to the Services".
The User remains the sole owner of the data produced and/or entered on the Platform as part of the Services.
However, the Customer is informed that this data can be used by the Company for the purpose of tracking and improving the Services, provided they are anonymized. For example, the Company may use anonymized data relating to the budget allocated by the Customer for the acquisition of a software solution, in order to identify trends by sector.
Unless expressly and previously authorized by any written means, the parties may not use their respective names, brands, and logos as well as references to their websites, as business references.
The Customer agrees to provide the Company with all the information necessary for the subscription and use of the Services.
The Customer must immediately contact the Company at the address mentioned in the article "Identification of the Company" if he notices that his Account has been used without his knowledge. He acknowledges that the Company has the right to take all appropriate measures in such a case.
The Customer is solely responsible for creating the access for the Users, setting up their access rights.
The Customer is responsible for his use of the Services and any information he shares in this context. He is also responsible for the use of the Services and all information shared by the Users. He undertakes that the Services are exclusively used by him and/or the Users, who are subject to the same obligations as him in their use of the Services.
The Customer prohibits himself from diverting the Services for purposes other than those for which they were designed, and notably for:
The Customer also prohibits himself from:
The Customer is responsible for the contents of any nature that he disseminates on the Platform as part of the Services (the "Contents"). He accepts that the Contents may be seen by other Users.
The Customer is prohibited from disseminating any Content (this list is not exhaustive):
The Customer is responsible for his Users. He undertakes that they act with discernment and respect the usual rules of politeness and courtesy in their exchanges.
The Customer acknowledges that if he or the Users formulate:
access to the Platform will be suspended for the duration specified on it.
The Customer indemnifies the Company against any claim and/or action that could be taken against it as a result of the violation of one of the Customer's obligations. The Customer will compensate the Company for the damage suffered and reimburse it for all sums it may have to bear as a result.
The Company commits to providing Services diligently, specifying that it is subject to a best efforts obligation and complies with current regulations.
The Company makes its best efforts to provide the Client with quality Services. To this end, it regularly conducts checks to verify the operation and accessibility of its Services and can thus carry out maintenance under the conditions specified in the article "Maintenance".
However, the Company is not responsible for difficulties or temporary impossibilities to access its Services originating from:
The Company is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the Services:
The Company makes its best efforts to maintain access to the Platform 24/7 and guarantees the monthly availability of Services at 99.95%, except in case of maintenance under the conditions defined in the article "Maintenance", force majeure, or suspension of access to the Platform under the conditions set out in the article "Regarding the use of Services".
The Company makes its best efforts to backup all data produced and/or entered by/on the Platform.
Except in the case of proven faults on the part of the Company, it is not responsible for any loss of data during maintenance operations.
The Company provides sufficient storage capacities for the operation of the Services.
The Company makes its best efforts to ensure data security by implementing measures to protect the infrastructure and the Platform, detect and prevent malicious acts, and recover data.
The Company acts as a hosting provider for the Contents that the Client posts online. Consequently, it is not responsible for these Contents.
If the Company receives a notification regarding illegal Content, it will act promptly to remove it or make its access impossible, and it may take the measures described in the article "Sanctions in case of breach".
The Company does not guarantee (i) the completeness of SaaS solutions referenced in the Tool nor (ii) that the Tool will allow the Client to find the SaaS solution that meets his expectations.
The Company makes its best efforts to regularly update the information concerning the SaaS solutions referenced but does not guarantee that they are systematically up to date.
Furthermore, the Company cannot be held responsible in the context of the relations between the Client and a third-party SaaS solution referenced in the Tool, nor be party to any disputes whatsoever.
The Company can publish and/or send the Client all advertising or promotional messages, notably redirecting them to third-party platforms.
The Company is, however, not responsible for:
The Company may resort to subcontractors in the performance of the Services, who are subject to the same obligations as the Company in their intervention. However, it remains solely responsible for the proper execution of the Services to the Client.
The Company may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Client. It will inform the Client of this substitution by any written means.
The Company's liability is limited to the only proven direct damages that the Client suffers due to the use of the Services.
Except for bodily harm, death, and gross negligence, and subject to having issued a claim by registered letter with acknowledgment of receipt, within a period of one month following the occurrence of the damage, the Company's liability cannot be engaged for an amount higher than 5 times the amount it received during the 12 months preceding the event generating liability or the duration of the provision of its Services if this duration is shorter
Proof can be established by any means.
The Client is informed that the messages exchanged through the Platform as well as the data collected on the Platform and the Company's computer equipment constitute the main mode of proof accepted, notably to demonstrate the reality of the Services performed and the calculation of their price.
The Company is the data controller of personal data in the context of the Tool. The Company practices a personal data protection policy accessible here. It invites the Client to take note of it.
The parties undertake, each for its part, to comply with all legal and regulatory obligations incumbent upon them in terms of protection of personal data, notably the law 78-17 of January 6, 1978 in its latest amended version known as the Data Protection Act and the EU regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the "Applicable Regulations").
For the purpose of managing the contractual relationship between the parties, each party processes the personal data of the interlocutors of the other Party as data controller under the Applicable Regulations, and this for the duration of these terms. This processing is necessary for the proper execution of these terms and only concerns identification data (including name, first name, email address, phone number) of the interlocutors.
The staff of the parties, their control services (especially auditors) and their subcontractors may have access to the personal data collected.
This processing may give rise to the exercise by the interlocutors of the parties of their rights provided for by the Applicable Regulations.
In the context of the Services, the Company is required to process personal data on behalf of and for the account of the Client as a subcontractor, while the Client, himself acts as a data controller under the Applicable Regulations, notably when the Client uses the Services and the Users are required to register identification data of other Users or employees of the Client in the context of project management. The characteristics of the processes are described in Annex 1 of these terms.
The Company commits to only process the personal data for the purposes listed in Annex 1 and in accordance with the Client's documented instructions, including regarding the transfer of data outside the European Union. The Company commits to inform the Client if, in its opinion, an instruction constitutes a violation of the Applicable Regulations. Furthermore, if the Company is required to proceed with a transfer of data to a third country or to an international organization, under the law applicable to these terms, it must inform the Client of this legal obligation before processing, unless the law in question prohibits such information for important reasons of public interest.
The Company undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup as well as the restoration of their availability in case of a physical or technical incident. The Company also ensures that the persons authorized to process personal data are subject to the obligation to maintain its confidentiality.
The Company is authorized to use subcontractors (hereinafter "the subsequent Subcontractor") listed in Annex 1 of these terms to carry out specific processing activities. In case of change in the list of authorized subsequent Subcontractors, the Company will inform the Client in advance and in writing. This information must clearly indicate the subcontracted processing activities, the identity and the coordinates of the subsequent Subcontractor. The Client has a period of 15 days from the date of receipt of this information to present its legitimate and motivated objections. In the absence of notifications of objections past this deadline, the Client will be deemed to have accepted the use of the subsequent Subcontractor. In case of persistent objections from the Client, the parties will meet in good faith and make their best efforts to discuss a resolution. The Company may choose to (i) not use the subsequent Subcontractor or (ii) take corrective measures requested by the Client in the context of the objections made and use the subsequent Subcontractor. If neither of the options is reasonably possible, and if the Company cannot use for legitimate reasons another subcontractor for the envisaged processing, either party may terminate these terms with a notice period of 30 days.
The subsequent Subcontractor is bound to respect the obligations of these terms on behalf of and according to the instructions of the Client. It is the responsibility of the Company to ensure that the subsequent Subcontractor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulations. If the subsequent Subcontractor does not fulfill its data protection obligations, the Company remains fully liable to the Client for the execution by the subsequent Subcontractor of its obligations.
The Company is authorized to transfer the personal data processed in the context of these terms to countries located outside the European Union, subject to the implementation of appropriate guarantees as defined in Chapter V of the aforementioned regulation.
The Company undertakes to assist the Client and respond as soon as possible to any request for information addressed to it by the Client, whether it be in the context of a request to exercise their rights by the persons concerned, an impact analysis, or a request made by the data protection authorities or the Client's data protection officer.
The Company commits to notify the Client as soon as possible after becoming aware of any breach of personal data and to provide it with any useful information and documentation related to this breach.
The Company undertakes, at its choice, to delete the personal data at the expiry of these terms or to return them to the Client and not to keep any copy, unless the Applicable Regulations require it.
The Company provides the Client, at the Client's request, with all the information and all the necessary documents to demonstrate compliance with its obligations and to allow the performance of audits. The Client thus has the possibility to carry out audits once a year and at its expense to verify the Company's compliance with the obligations provided for in this article. The Client will inform the Company of the audit with a minimum notice period of 2 weeks. The Company reserves the right to refuse the identity of the chosen auditor if it belongs to a competing company. The audit must be carried out during the Company's working hours and in a way that minimally disrupts its activity. The audit should not, in any way, affect (i) the technical and organizational security measures deployed by the Company, (ii) the security and confidentiality of the data of other clients of the Company, or (iii) the smooth running and organization of the Company's production. As much as possible, the parties will agree in advance on the scope of the audit. The audit report will be sent to the Company to allow it to formulate its possible observations or remarks in writing, which will be attached to the final version of the audit report. Each audit report will be considered as confidential information.
The Client undertakes to:
Unless the other party's written consent is obtained, the parties respectively undertake to keep confidential, during the term of their contractual relationship and for 10 years thereafter, all information related to or held by the other party, which they would have become aware of on the occasion of the conclusion and execution of their contractual relationship.
This obligation does not extend to information:
Confidential information can be transmitted to the respective employees, collaborators, interns, agents, and co-contractors of the parties, provided that they are subject to the same confidentiality obligation.
The parties cannot be held responsible for failures or delays in the execution of their contractual obligations due to a case of force majeure occurring during the term of their relationship. Force majeure covers:
If one of the parties is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with a request for acknowledgment of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable time after the cessation of the force majeure event.
However, the prevented party remains bound to perform the obligations that are not affected by a case of force majeure and any payment obligation.
To terminate one or more User License(s) and/or Feature(s) subscribed to, the Client must denounce them at the latest 1 month before the end of the current Period, by sending a request to the Company through the chat on the Platform. User Licenses and any Features not denounced will be tacitly renewed for a new Period.
If the Client wishes to terminate the Services (which amounts to terminating all User Licenses and any Features), they must denounce them at the latest 1 month before the end of the current Period, by sending a request to the Company through the chat on the Platform.
The Company can also denounce these at the latest 1 month before the end of the current Period, by sending an email to the Client.
The Client no longer has access to their account from the end of the Services.
Any Period started is due in its entirety.
The payment of the price of the Services as well as the obligations set out in the "Client's Obligations and Liability" article are essential obligations.
In the event of a breach of these obligations, the Company may:
These sanctions are without prejudice to any damages and interest that the Company may claim from the Client.
The Company may modify its General Terms and Conditions at any time and will inform the Client by any written means (including by email) at least 45 calendar days before they come into effect.
The modified General Terms and Conditions apply upon the renewal of the Client's User Licenses and Features.
If the Client does not accept these changes, they must terminate the Services as provided in the "Termination of User Licenses and Features, End of Services" article.
If the Client uses the Services after the modified General Terms and Conditions have come into effect, the Company considers that the Client has accepted them.
The French language prevails in case of contradiction or dispute over the meaning of a term or provision.
The General Terms and Conditions are governed by French law.
In case of a dispute between the Client and the Company, and in the absence of an amicable agreement within 2 months following the first notification, the dispute will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless mandatory provisions to the contrary.
The company AirSaas (the "Company") is a SAS registered with the RCS of Toulouse under the number 893 294 991, with its head office located at 231, rue Pierre and Marie Curie, 31670 Labège.
The Company can be contacted at the following e-mail address: firstname.lastname@example.org
Through a platform (the "Platform"), the Company offers its clients (the "Clients") so-called "project reporting" services, allowing companies to manage their projects (the "Projects") as well as a tool referencing and allowing to search for existing SaaS solutions on the market (the "Tool") (together the "Services").
The contractual relationship between the Client and the Company is governed, in decreasing hierarchical order, by the following documents:
Appendix 1 - Personal Data
1. Description of the data processing carried out by the Company on behalf of the Client
Purpose of the processing of personal data
Project management assistance
Nature of the processing operations
Collection, recording, storage, use, consultation, making available
Type of personal data processed
Categories of individuals concerned
Users, Client's collaborators
Duration of the processing
Duration of the present agreement
2. List of authorized subsequent Subcontractors
Authorized subsequent Subcontractors
Subcontracted processing activities
Location of processing
Appropriate safeguards put in place in case of data transfer outside the EU
United States / France