General Terms of Use and Service
Version of February 27, 2024
1- Operator of the Solution and Services
The Solution and Services are operated by BILLABEX, a simplified joint-stock company, registered with the Paris Trade and Companies Registry under number 984 298 505, with its registered office located at 26 RUE BOSQUET, 75007 PARIS (hereinafter: "Billabex").
2- Purpose
These GTUS aim to define the contractual terms for obtaining one or more Licenses of the Billabex Solution by the Client.
3- Definitions
Within this document, words or expressions starting with a capital letter will have the following meaning:Subscription: Pricing category, depending on quantitative elements chosen by the Client for the use of the Solution. The Subscription is chosen by the Client either as part of an online registration process or under the terms of a document (CPS, quote, purchase order, etc.) signed electronically;GTUS: General Terms of Use and Service;Client(s): natural or legal professional person acting within the framework of their professional activity who subscribes to a Subscription;Account: any account created to use the Solution;Subscription conditions: terms of acquisition of a License of the Solution and Services;Content: all types of content and especially pdf filesContract: Formalized agreement, in writing or through an online process, under which the Client uses the Solution; when the agreement is in the form of "Special Conditions," "quote," or any other simplified document, the Contract includes the terms of said document as well as these General Terms of Use and Services, of which they are an essential component;CPS (or Special Service Conditions): Part of the Contract in the form of a contractual document electronically signed between the client and Billabex, specifying and/or supplementing these GTUS.Personal Data: any information relating to an identified or identifiable natural person as described in Article 4 of the GDPR;License: Right of use of the Solution granted to the Client under the terms, conditions, and limitations of the Contract; this term should not be construed to have the meaning or characteristics attached to it by the Intellectual Property Code.User License: Right of use of the Solution conferred to the User due to the License granted to the Client, from whom he derives his right.Data Protection Act: Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended;Party: one of the parties to the Contract, namely Billabex or the Client;Subscription period: duration of the Subscription's validity to the Solution and Services as described in the Subscription conditions;Payment Provider: Billabex's provider ensuring the payment operations of the subscription price;Data Controller: person who determines the purposes and means of processing personal data as defined in Article 4 of the GDPR;GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation);Services: the automated reminders offered by the Solution;Single Sign On: a single sign-on system allowing the User to log into multiple services with a single identifier;Site: the website published by Billabex accessible from the address Billabex.com;Service Level Agreement ("SLA"): Commitments made by Billabex in terms of the Solution's performance levels as well as the terms of Support.Solution: the automated invoice reminder platform developed by Billabex and accessible in SaaS mode from the address billabex.com;Subcontractor: person who processes personal data on behalf of the Data Controller as defined in Article 4 of the GDPR;Support: Support service for using the Solution and/or resolving access or use difficulties of the Solution by the Client.User(s): any person with an Account on the Solution.
4- Description of the Solution and Services
The billabex web application accessible at the address https://billabex.com by clicking on the "Login" button (hereinafter, the "Solution") is a platform for automated reminders of unpaid or late payment invoices. The reminders are made in all cases by email and can optionally be made by mail, SMS, telephone calls, and voice messages.Billabex also publishes a website https://billabex.com (hereinafter the "Site") including a blog dedicated to the use of the Solution and Services (hereinafter the "Blog").The Client may subscribe to a Subscription allowing them to acquire one or more user licenses of the Solution (hereinafter the "Subscription"), which they can distribute to persons of their choice (hereinafter the "User(s)") under the conditions defined below.
5- Subscription to the Solution
The Client expressly acknowledges and accepts that any Subscription, by any means whatsoever, constitutes a firm and final order for a subscription to the use of the Solution. Any cancellation or retraction occurring after payment will be governed by the provisions of Article 9.2.
6- Right of Use (License)
6.1. Under the terms of the Contract, Billabex grants the Client a personal, non-exclusive, non-assignable, and non-transferable right to use the Solution (the "License"), for the duration of the Contract, according to the characteristics of the Offer subscribed to and the conditions stipulated herein and in the CPS.The License includes the right to access and use the Solution and Services in accordance with their purpose, in SaaS mode via a connection to an electronic communications network, the Client being prohibited from any other use, in particular any adaptation, modification, translation, arrangement, dissemination, decompilation, without this list being exhaustive.The Client may in no case rent, sub-rent, or make the Solution available to third parties other than a User, under the conditions and limitations provided herein.6.2. The conditions of access to the Solution are those provided for in the Subscription subscribed to and/or the CPS signed by the Client.Any modification of any part of the subscribed Offer must be expressly agreed upon by the Parties.
6.3. The License granted to the Client by the Contract includes the right to designate and modify the list of Users who will be able to access and use the Solution, subject to the creation of an Account and within the limit of the number of User Licenses provided for in the subscribed Offer.The Client is responsible for the conditions under which the Users he has chosen and designated use the Solution and is accountable for their failures.
7- Obligations of Billabex
Billabex commits to ensuring the operation of the Solution to allow the Client to use it under the terms and conditions of the Contract.Billabex commits to providing the Solution and maintaining the Contents with diligence and according to professional standards, as well as ensuring a level of services and performance of the Solution consistent with the commitments formalized in the Service Level Agreement (SLA) appendix applicable according to the Subscription taken.The Solution and Services may be subject to changes, variations, or extensions by Billabex at any time, provided that these modifications do not substantially compromise the nature or quality of the Solution and Services to which the Client has subscribed. Particularly considered as non-substantial modifications are: updating the Solution, compliance of systems, changing the network for data routing, changing the geographical site for server hosting.Billabex commits to providing the Client and its Users with Support, the conditions of which depend on the Subscription taken and the characteristics of which are specified in the SLAs.
8- Client's Obligations
Without prejudice to other obligations provided herein, the Client (including all Users to whom the Client has granted the right to use the Solution) commits to respect the following obligations.8.1 Respect for current laws and regulations and third-party rights. - The Client commits, in their use of the Solution and Services, to respect current laws and regulations and not to infringe on the rights of third parties or public order.8.2 Respect for the technical constraints of the Solution and Services. - The Client acknowledges having been informed—on the Website and in the description of services provided—of the characteristics, constraints, and performances—particularly technical—of all the Services. The Client is solely responsible for the proper use of the Solution and Services, in accordance with the performance level chosen in the Subscription Terms.8.3 Conditions of use of the Solution and Services. - The Client is solely responsible for their use of the Services, the relationships that Users may form with each other, and the information that will be communicated within the Services.The Client commits to strictly personal use of the Services. Consequently, they are prohibited from assigning, conceding, or transferring all or part of their rights or obligations under the present terms to any third party, in any manner whatsoever.8.4 Legality of Contents. - The Client is solely responsible for the Contents they distribute. They guarantee to Billabex that they have all the rights and permissions necessary for the distribution of these Contents.They commit to ensuring that the Contents are lawful, do not infringe on public order, morality, or the rights of third parties, do not violate any legislative or regulatory provisions and more generally, are not likely to engage the civil or criminal liability of Billabex.8.5 Confidentiality of identifiers. - The identifier is strictly personal to each User and may not be used by several Accounts.The Client commits to ensuring that Users personally use the Solution and Services and not allow any third party to use them in their place or on their behalf. It is strictly forbidden for Users to communicate their identifier and password to third parties. The Client commits not to use a generic or shared identifier by multiple people.The Client is similarly responsible for maintaining the confidentiality of identifiers and passwords; any access to the Solution using them is deemed to be carried out by the corresponding User.The Client commits to immediately contact Billabex if they notice that a User Account has been used without their knowledge. They recognize Billabex's right to take all appropriate measures in such a case.
9- Duration - Termination
9.1 The Contract takes effect on the date of its subscription, unless otherwise provided by the CPS; however, access to the Solution remains subject to the payment of the price agreed at the conclusion of the Contract.9.2 The Contract is entered into for a fixed term set in the Subscription taken or the CPS. It will be tacitly renewed for an equal duration at the end of this term, unless the Client notifies Billabex, at least 1 month before the expiry, of their wish not to renew the Contract, expressed by any means attesting to its good reception by Billabex. The Contract will remain in force until its term, the Client remaining liable for the agreed price.Non-renewal of the Contract under the conditions of this paragraph will not give rise to any compensation.9.3 In case of breach or partial or total failure to perform its obligations by one of the Parties, the injured Party may demand the defaulting Party to fulfill its obligations, by registered letter with acknowledgment of receipt.Without prejudice to any damages, the injured Party may, if it deems appropriate, terminate the Contract by right and with immediate effect if the breach mentioned in the previous paragraph has not been remedied within 15 days.
9.4 Users can delete their Account at any time. Deleting the Account does not entail the termination of the Contract, which can only occur according to the modalities provided above.Deleting the Account leads to the destruction of all data related to the Account, which the User accepts. If the User wishes to keep the Contents uploaded to their Account, they can export the Contents from their Account before requesting deletion.
10- Financial Conditions
10.1. Service Prices. - The price of the Subscription is as indicated in the Subscription Conditions or the Special Conditions. Unless stated otherwise, prices are expressed in euros and exclude taxes.
10.2. Price Evolution. - Upon the expiration of the Contract, if it is renewed, the price will be increased by a lump sum rate of 5% (five percent) of the amount reached on its anniversary date.Option: The rates mentioned above may be subject to a revision proposal by Billabex, sent to the Client by any useful written means (including by email) at least one (1) month before the entry into force of the proposed new rates. Once effective, the new rates apply at the renewal of the Contract. The Client who does not wish to accept the new rates in force must terminate the Contract according to the terms provided in Article 22 (End of Contract). Otherwise, they will be deemed to have accepted the new rates.10.3. Invoicing. - Services are subject to monthly or annual invoices according to the terms chosen by the Client and appearing in the Special Conditions or the subscribed Subscription. In order to reduce its environmental impact, Billabex does not send invoices in paper format. The Client expressly accepts that all invoices transmitted to them in digital format are considered as original invoices.10.4. Payment Terms. - The price can be paid online, by credit card, by transfer, or by direct debit (SEPA), through the payment provider indicated on the Site (hereinafter: the "Payment Provider"), or by any other means agreed between the Parties. Credit card payments are implemented by the Payment Provider, who alone processes and stores the Client's banking details for this purpose. The price is due and its withdrawal is made on the day of the subscription of the Contract, then on its anniversary date during each renewal. The Client guarantees to Billabex that they have the necessary authorizations to use the chosen method of payment. They commit to taking the necessary measures to enable the automatic withdrawal of the Contract price.10.5. Delays and Payment Incidents. - In addition to Billabex's right to suspend the Client's access to the Solution and/or to terminate the Contract under the conditions provided in Article 9.3, any payment delay of any part of a sum due on its due date automatically results, from the day following the payment date indicated on the invoice, in the billing, in favor of Billabex, of a late interest at the rate of 3 times the legal interest rate, based on the amount of the entirety of the sums due by the Client and a lump sum indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the actually incurred recovery costs are higher than this amount.
11- Data Ownership
The Client is and remains the sole owner of the Contents. They guarantee to Billabex that they have all the necessary authorizations for their storage and distribution and remains solely responsible for the Contents. Billabex owns all usage data generated by the Client and/or its Users, used for statistical purposes and to improve the Solution and Services.
12- Liability and Warranties of Billabex
Billabex guarantees that the Solution does not constitute an infringement of prior rights and does not infringe on the rights of third parties. The Client expressly acknowledges that Billabex cannot be held responsible for difficulties or the impossibility of accessing the Solution and for interruptions of Services or damages related to:- a decision of the authorities;- difficulty of access related to the quality of the internet network and mobile telephony networks;- non-compliant use of the Solution and Services with the General Conditions of Use;- abnormal or fraudulent use by the Client, their Users, or third parties requiring the service to be stopped for security reasons;- difficulty of access to the Solution related to a technical maintenance operation aimed at its improvement;- difficulty of access or use of the Solution and Services related to an incident occurring within Billabex's providers (including hosting provider);- a difficulty or slowdown in the use of the Solution and Services linked to the intrusion of a computer virus, worm, Trojan horse, adware, spyware, scareware, backdoor, Ddos attack, botnet attack, or any other computer malware introduced by a third party;- the nature and/or quality of the Contents that the Client and their Users download onto the Solution;- the occurrence of any other situation constituting a force majeure event under applicable French law and jurisprudence of French courts and tribunals.Billabex does not guarantee to Clients (i) that the Services, subject to constant research to improve, among other things, their performance and progress, will be completely free of errors, defects, or defects, (ii) that the Services, being standard and not offered solely for the Client, will specifically meet their needs and expectations.In this context, Billabex's liability is limited to only personal, direct, foreseeable, and certain damages that the Client - up to date on all due payments - has suffered. In all cases, the amount of compensation will be capped at an amount equivalent to 2 monthly payments due under the Contract or, in the case of annual billing, the 6th of the annual fee.
13- Client Responsibility and Guarantees
The Client guarantees Billabex against any claim, demand, action, and/or any other claims that Billabex could suffer due to the violation by the Client or its Users of any of its obligations or guarantees under these General Conditions of Service, the General Conditions of Use, or a violation of current laws and regulations.The Client agrees to indemnify Billabex for any damage it may suffer and to pay all costs, charges, and/or sentences it may have to bear as a result.In the case of fraudulent use of the Client's or its Users' identifiers due to a fault or negligence attributable to the latter, or to one of the Users warned under his control or hierarchical authority, the Client will be responsible towards Billabex for any loss or deterioration of data, whatever it may be, and more generally for any damage suffered due to unauthorized use of the Solution and Services.
14- Confidentiality
Each Party shall ensure the protection of any information brought to its attention by the other Party within the framework of the Contract. Each Party is prohibited from disclosing any information given by the other PARTY, technical formula or concept, which it could have come to know on the occasion of the Contract.
15- Billabex Intellectual Property
All software, information presentations, games, denominations, trade names, texts, comments, images, illustrations, product or service marks, inventions, and, in general, any creation, whatever its kind, accessible using Billabex's sites, and notably all elements of the Solution, remain the exclusive property of Billabex.The Client remains the holder of all intellectual property rights it holds on the Contents it uploads on the Solution.Under these terms, the Client is not authorized to:- copy, print, transfer, transmit, or display any part of the Solution and the contents broadcast on the Site and the Blog;- sell, rent, sub-license, or distribute the Solution in any way;- use the Solution to provide data processing services, time-sharing exploitation services, or other similar services of any nature, to any other individual, company, or entity;- use the Solution other than for internal and personal purposes;- modify the Solution and/or merge any part of the Solution into other computer programs;- compile, decompile, disassemble, translate, analyze, engage in reverse engineering, or attempt to do so.The Client acknowledges that all legal intellectual property rights in or related to the Solution belong to Billabex, and that it has no other rights over the Solution than to use it in accordance with these General Conditions of Service.
16- Personal Data
Billabex and the Client commit to respect, each for what concerns them, the provisions of the law relating to Information Technology and Freedoms No. 78-17 of January 6, 1978, in its updated version (hereinafter: the "Information Technology and Freedoms Law") and the General Data Protection Regulation (European Union Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, hereinafter: the "GDPR").The nature and the modalities of the processing of personal data that could be implemented by Billabex are governed by the provisions of the annex "Privacy Policy".The agreements, referred to in Articles 26.1 and 28.3 of the GDPR, consist of the terms of the document "Annex Personal Data Processing".These documents, which the Client declares to have acknowledged prior to the conclusion of the Contract, are an integral part of the Contract, to which they are incorporated by reference.
17- Specific Provisions for Free Subscriptions
When Billabex authorizes access and use of the Solution for free, particularly for testing or trial purposes, the Client does not benefit from any of the rights recognized to the Client by these GCUS and/or any other annex document, except for the mandatory legal provisions relating, in particular, to the processing of personal data. The other provisions of these GCUS, notably the responsibilities and guarantees to which the Client is subject, apply to the Client for free.
Billabex alone determines the conditions under which the right to use the Solution for free is granted, these conditions being subject to change at any time.Furthermore, the free Client is informed and accepts that the right granted to them for access and use of the Solution is precarious, Billabex being entitled to remove this right at any time and at its sole discretion.The free Client wishing to benefit from the rights recognized to the Client by these GCUS must subscribe to a paid Offer.
18- Miscellaneous
18.1. Commercial references. – The Client, having the status of a professional, expressly authorizes Billabex to cite and, if necessary, use the reproduction of its trademarks or logo as commercial references, notably during events or in its commercial documents and on its website, in any form.18.2. Assignment. – The Client may not assign its obligations arising from these terms to a third party without the written authorization of Billabex. The request must be made by any means of written communication at least thirty (30) days before said assignment. In the absence of a response within fifteen (15) days from the receipt of the written request, Billabex will be deemed to have refused the assignment. Billabex may at any time transfer, assign, or contribute to a third party in any form, all or part of its rights or obligations arising from these terms, after having previously informed the Client who cannot oppose it.18.3. Modifications. – Billabex reserves the right to modify these GCUS at any time. The Client will be informed of these modifications by any useful means at least thirty (30) days before they come into force. The Client who does not accept the modified GCUS must unsubscribe from the Solution and Services according to the terms provided in article 9.2; otherwise, the modified GCUS will apply to the Client at the first renewal of the Contract.18.4. Evidence Agreement. – The Client expressly acknowledges and accepts:- that the data collected on the Solution and Billabex's computer equipment attest to the reality of the operations carried out within the framework of the present contract;- that this data constitutes the main mode of proof admitted between the parties, notably for the calculation of amounts due to Billabex.18.5 Applicable Law and Dispute ResolutionThe Contract is subject to French law. Any dispute relating to its interpretation and/or execution falls within the jurisdiction of the French courts.
18.6 Final ProvisionsThese General Conditions of Service, the General Conditions of Use, and their annexes constitute the entire agreement between the parties concerning the subject matter hereof and supersede all previous agreements and understandings, whether written or oral, between the parties with respect to such subject matter.If one or more provisions of these General Conditions of Service are held to be invalid or declared as such under any law, regulation, or following a final decision of a competent court, the other provisions will retain their full force and scope.The fact that one of the Parties does not claim a breach by the other Party of any of the obligations referred to under these General Conditions of Service cannot be interpreted for the future as a waiver of the obligation in question.In case of difficulty in interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared nonexistent.
The English version of these General Conditions of Service is for informational purposes only. In case of a discrepancy between the French and English versions, the French version shall prevail.
1- Operator of the Solution and Services
The Solution and Services are operated by BILLABEX, a simplified joint-stock company, registered with the Paris Trade and Companies Registry under number 984 298 505, with its registered office located at 26 RUE BOSQUET, 75007 PARIS (hereinafter: "Billabex").
2- Purpose
These GTUS aim to define the contractual terms for obtaining one or more Licenses of the Billabex Solution by the Client.
3- Definitions
Within this document, words or expressions starting with a capital letter will have the following meaning:Subscription: Pricing category, depending on quantitative elements chosen by the Client for the use of the Solution. The Subscription is chosen by the Client either as part of an online registration process or under the terms of a document (CPS, quote, purchase order, etc.) signed electronically;GTUS: General Terms of Use and Service;Client(s): natural or legal professional person acting within the framework of their professional activity who subscribes to a Subscription;Account: any account created to use the Solution;Subscription conditions: terms of acquisition of a License of the Solution and Services;Content: all types of content and especially pdf filesContract: Formalized agreement, in writing or through an online process, under which the Client uses the Solution; when the agreement is in the form of "Special Conditions," "quote," or any other simplified document, the Contract includes the terms of said document as well as these General Terms of Use and Services, of which they are an essential component;CPS (or Special Service Conditions): Part of the Contract in the form of a contractual document electronically signed between the client and Billabex, specifying and/or supplementing these GTUS.Personal Data: any information relating to an identified or identifiable natural person as described in Article 4 of the GDPR;License: Right of use of the Solution granted to the Client under the terms, conditions, and limitations of the Contract; this term should not be construed to have the meaning or characteristics attached to it by the Intellectual Property Code.User License: Right of use of the Solution conferred to the User due to the License granted to the Client, from whom he derives his right.Data Protection Act: Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended;Party: one of the parties to the Contract, namely Billabex or the Client;Subscription period: duration of the Subscription's validity to the Solution and Services as described in the Subscription conditions;Payment Provider: Billabex's provider ensuring the payment operations of the subscription price;Data Controller: person who determines the purposes and means of processing personal data as defined in Article 4 of the GDPR;GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation);Services: the automated reminders offered by the Solution;Single Sign On: a single sign-on system allowing the User to log into multiple services with a single identifier;Site: the website published by Billabex accessible from the address Billabex.com;Service Level Agreement ("SLA"): Commitments made by Billabex in terms of the Solution's performance levels as well as the terms of Support.Solution: the automated invoice reminder platform developed by Billabex and accessible in SaaS mode from the address billabex.com;Subcontractor: person who processes personal data on behalf of the Data Controller as defined in Article 4 of the GDPR;Support: Support service for using the Solution and/or resolving access or use difficulties of the Solution by the Client.User(s): any person with an Account on the Solution.
4- Description of the Solution and Services
The billabex web application accessible at the address https://billabex.com by clicking on the "Login" button (hereinafter, the "Solution") is a platform for automated reminders of unpaid or late payment invoices. The reminders are made in all cases by email and can optionally be made by mail, SMS, telephone calls, and voice messages.Billabex also publishes a website https://billabex.com (hereinafter the "Site") including a blog dedicated to the use of the Solution and Services (hereinafter the "Blog").The Client may subscribe to a Subscription allowing them to acquire one or more user licenses of the Solution (hereinafter the "Subscription"), which they can distribute to persons of their choice (hereinafter the "User(s)") under the conditions defined below.
5- Subscription to the Solution
The Client expressly acknowledges and accepts that any Subscription, by any means whatsoever, constitutes a firm and final order for a subscription to the use of the Solution. Any cancellation or retraction occurring after payment will be governed by the provisions of Article 9.2.
6- Right of Use (License)
6.1. Under the terms of the Contract, Billabex grants the Client a personal, non-exclusive, non-assignable, and non-transferable right to use the Solution (the "License"), for the duration of the Contract, according to the characteristics of the Offer subscribed to and the conditions stipulated herein and in the CPS.The License includes the right to access and use the Solution and Services in accordance with their purpose, in SaaS mode via a connection to an electronic communications network, the Client being prohibited from any other use, in particular any adaptation, modification, translation, arrangement, dissemination, decompilation, without this list being exhaustive.The Client may in no case rent, sub-rent, or make the Solution available to third parties other than a User, under the conditions and limitations provided herein.6.2. The conditions of access to the Solution are those provided for in the Subscription subscribed to and/or the CPS signed by the Client.Any modification of any part of the subscribed Offer must be expressly agreed upon by the Parties.
6.3. The License granted to the Client by the Contract includes the right to designate and modify the list of Users who will be able to access and use the Solution, subject to the creation of an Account and within the limit of the number of User Licenses provided for in the subscribed Offer.The Client is responsible for the conditions under which the Users he has chosen and designated use the Solution and is accountable for their failures.
7- Obligations of Billabex
Billabex commits to ensuring the operation of the Solution to allow the Client to use it under the terms and conditions of the Contract.Billabex commits to providing the Solution and maintaining the Contents with diligence and according to professional standards, as well as ensuring a level of services and performance of the Solution consistent with the commitments formalized in the Service Level Agreement (SLA) appendix applicable according to the Subscription taken.The Solution and Services may be subject to changes, variations, or extensions by Billabex at any time, provided that these modifications do not substantially compromise the nature or quality of the Solution and Services to which the Client has subscribed. Particularly considered as non-substantial modifications are: updating the Solution, compliance of systems, changing the network for data routing, changing the geographical site for server hosting.Billabex commits to providing the Client and its Users with Support, the conditions of which depend on the Subscription taken and the characteristics of which are specified in the SLAs.
8- Client's Obligations
Without prejudice to other obligations provided herein, the Client (including all Users to whom the Client has granted the right to use the Solution) commits to respect the following obligations.8.1 Respect for current laws and regulations and third-party rights. - The Client commits, in their use of the Solution and Services, to respect current laws and regulations and not to infringe on the rights of third parties or public order.8.2 Respect for the technical constraints of the Solution and Services. - The Client acknowledges having been informed—on the Website and in the description of services provided—of the characteristics, constraints, and performances—particularly technical—of all the Services. The Client is solely responsible for the proper use of the Solution and Services, in accordance with the performance level chosen in the Subscription Terms.8.3 Conditions of use of the Solution and Services. - The Client is solely responsible for their use of the Services, the relationships that Users may form with each other, and the information that will be communicated within the Services.The Client commits to strictly personal use of the Services. Consequently, they are prohibited from assigning, conceding, or transferring all or part of their rights or obligations under the present terms to any third party, in any manner whatsoever.8.4 Legality of Contents. - The Client is solely responsible for the Contents they distribute. They guarantee to Billabex that they have all the rights and permissions necessary for the distribution of these Contents.They commit to ensuring that the Contents are lawful, do not infringe on public order, morality, or the rights of third parties, do not violate any legislative or regulatory provisions and more generally, are not likely to engage the civil or criminal liability of Billabex.8.5 Confidentiality of identifiers. - The identifier is strictly personal to each User and may not be used by several Accounts.The Client commits to ensuring that Users personally use the Solution and Services and not allow any third party to use them in their place or on their behalf. It is strictly forbidden for Users to communicate their identifier and password to third parties. The Client commits not to use a generic or shared identifier by multiple people.The Client is similarly responsible for maintaining the confidentiality of identifiers and passwords; any access to the Solution using them is deemed to be carried out by the corresponding User.The Client commits to immediately contact Billabex if they notice that a User Account has been used without their knowledge. They recognize Billabex's right to take all appropriate measures in such a case.
9- Duration - Termination
9.1 The Contract takes effect on the date of its subscription, unless otherwise provided by the CPS; however, access to the Solution remains subject to the payment of the price agreed at the conclusion of the Contract.9.2 The Contract is entered into for a fixed term set in the Subscription taken or the CPS. It will be tacitly renewed for an equal duration at the end of this term, unless the Client notifies Billabex, at least 1 month before the expiry, of their wish not to renew the Contract, expressed by any means attesting to its good reception by Billabex. The Contract will remain in force until its term, the Client remaining liable for the agreed price.Non-renewal of the Contract under the conditions of this paragraph will not give rise to any compensation.9.3 In case of breach or partial or total failure to perform its obligations by one of the Parties, the injured Party may demand the defaulting Party to fulfill its obligations, by registered letter with acknowledgment of receipt.Without prejudice to any damages, the injured Party may, if it deems appropriate, terminate the Contract by right and with immediate effect if the breach mentioned in the previous paragraph has not been remedied within 15 days.
9.4 Users can delete their Account at any time. Deleting the Account does not entail the termination of the Contract, which can only occur according to the modalities provided above.Deleting the Account leads to the destruction of all data related to the Account, which the User accepts. If the User wishes to keep the Contents uploaded to their Account, they can export the Contents from their Account before requesting deletion.
10- Financial Conditions
10.1. Service Prices. - The price of the Subscription is as indicated in the Subscription Conditions or the Special Conditions. Unless stated otherwise, prices are expressed in euros and exclude taxes.
10.2. Price Evolution. - Upon the expiration of the Contract, if it is renewed, the price will be increased by a lump sum rate of 5% (five percent) of the amount reached on its anniversary date.Option: The rates mentioned above may be subject to a revision proposal by Billabex, sent to the Client by any useful written means (including by email) at least one (1) month before the entry into force of the proposed new rates. Once effective, the new rates apply at the renewal of the Contract. The Client who does not wish to accept the new rates in force must terminate the Contract according to the terms provided in Article 22 (End of Contract). Otherwise, they will be deemed to have accepted the new rates.10.3. Invoicing. - Services are subject to monthly or annual invoices according to the terms chosen by the Client and appearing in the Special Conditions or the subscribed Subscription. In order to reduce its environmental impact, Billabex does not send invoices in paper format. The Client expressly accepts that all invoices transmitted to them in digital format are considered as original invoices.10.4. Payment Terms. - The price can be paid online, by credit card, by transfer, or by direct debit (SEPA), through the payment provider indicated on the Site (hereinafter: the "Payment Provider"), or by any other means agreed between the Parties. Credit card payments are implemented by the Payment Provider, who alone processes and stores the Client's banking details for this purpose. The price is due and its withdrawal is made on the day of the subscription of the Contract, then on its anniversary date during each renewal. The Client guarantees to Billabex that they have the necessary authorizations to use the chosen method of payment. They commit to taking the necessary measures to enable the automatic withdrawal of the Contract price.10.5. Delays and Payment Incidents. - In addition to Billabex's right to suspend the Client's access to the Solution and/or to terminate the Contract under the conditions provided in Article 9.3, any payment delay of any part of a sum due on its due date automatically results, from the day following the payment date indicated on the invoice, in the billing, in favor of Billabex, of a late interest at the rate of 3 times the legal interest rate, based on the amount of the entirety of the sums due by the Client and a lump sum indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the actually incurred recovery costs are higher than this amount.
11- Data Ownership
The Client is and remains the sole owner of the Contents. They guarantee to Billabex that they have all the necessary authorizations for their storage and distribution and remains solely responsible for the Contents. Billabex owns all usage data generated by the Client and/or its Users, used for statistical purposes and to improve the Solution and Services.
12- Liability and Warranties of Billabex
Billabex guarantees that the Solution does not constitute an infringement of prior rights and does not infringe on the rights of third parties. The Client expressly acknowledges that Billabex cannot be held responsible for difficulties or the impossibility of accessing the Solution and for interruptions of Services or damages related to:- a decision of the authorities;- difficulty of access related to the quality of the internet network and mobile telephony networks;- non-compliant use of the Solution and Services with the General Conditions of Use;- abnormal or fraudulent use by the Client, their Users, or third parties requiring the service to be stopped for security reasons;- difficulty of access to the Solution related to a technical maintenance operation aimed at its improvement;- difficulty of access or use of the Solution and Services related to an incident occurring within Billabex's providers (including hosting provider);- a difficulty or slowdown in the use of the Solution and Services linked to the intrusion of a computer virus, worm, Trojan horse, adware, spyware, scareware, backdoor, Ddos attack, botnet attack, or any other computer malware introduced by a third party;- the nature and/or quality of the Contents that the Client and their Users download onto the Solution;- the occurrence of any other situation constituting a force majeure event under applicable French law and jurisprudence of French courts and tribunals.Billabex does not guarantee to Clients (i) that the Services, subject to constant research to improve, among other things, their performance and progress, will be completely free of errors, defects, or defects, (ii) that the Services, being standard and not offered solely for the Client, will specifically meet their needs and expectations.In this context, Billabex's liability is limited to only personal, direct, foreseeable, and certain damages that the Client - up to date on all due payments - has suffered. In all cases, the amount of compensation will be capped at an amount equivalent to 2 monthly payments due under the Contract or, in the case of annual billing, the 6th of the annual fee.
13- Client Responsibility and Guarantees
The Client guarantees Billabex against any claim, demand, action, and/or any other claims that Billabex could suffer due to the violation by the Client or its Users of any of its obligations or guarantees under these General Conditions of Service, the General Conditions of Use, or a violation of current laws and regulations.The Client agrees to indemnify Billabex for any damage it may suffer and to pay all costs, charges, and/or sentences it may have to bear as a result.In the case of fraudulent use of the Client's or its Users' identifiers due to a fault or negligence attributable to the latter, or to one of the Users warned under his control or hierarchical authority, the Client will be responsible towards Billabex for any loss or deterioration of data, whatever it may be, and more generally for any damage suffered due to unauthorized use of the Solution and Services.
14- Confidentiality
Each Party shall ensure the protection of any information brought to its attention by the other Party within the framework of the Contract. Each Party is prohibited from disclosing any information given by the other PARTY, technical formula or concept, which it could have come to know on the occasion of the Contract.
15- Billabex Intellectual Property
All software, information presentations, games, denominations, trade names, texts, comments, images, illustrations, product or service marks, inventions, and, in general, any creation, whatever its kind, accessible using Billabex's sites, and notably all elements of the Solution, remain the exclusive property of Billabex.The Client remains the holder of all intellectual property rights it holds on the Contents it uploads on the Solution.Under these terms, the Client is not authorized to:- copy, print, transfer, transmit, or display any part of the Solution and the contents broadcast on the Site and the Blog;- sell, rent, sub-license, or distribute the Solution in any way;- use the Solution to provide data processing services, time-sharing exploitation services, or other similar services of any nature, to any other individual, company, or entity;- use the Solution other than for internal and personal purposes;- modify the Solution and/or merge any part of the Solution into other computer programs;- compile, decompile, disassemble, translate, analyze, engage in reverse engineering, or attempt to do so.The Client acknowledges that all legal intellectual property rights in or related to the Solution belong to Billabex, and that it has no other rights over the Solution than to use it in accordance with these General Conditions of Service.
16- Personal Data
Billabex and the Client commit to respect, each for what concerns them, the provisions of the law relating to Information Technology and Freedoms No. 78-17 of January 6, 1978, in its updated version (hereinafter: the "Information Technology and Freedoms Law") and the General Data Protection Regulation (European Union Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, hereinafter: the "GDPR").The nature and the modalities of the processing of personal data that could be implemented by Billabex are governed by the provisions of the annex "Privacy Policy".The agreements, referred to in Articles 26.1 and 28.3 of the GDPR, consist of the terms of the document "Annex Personal Data Processing".These documents, which the Client declares to have acknowledged prior to the conclusion of the Contract, are an integral part of the Contract, to which they are incorporated by reference.
17- Specific Provisions for Free Subscriptions
When Billabex authorizes access and use of the Solution for free, particularly for testing or trial purposes, the Client does not benefit from any of the rights recognized to the Client by these GCUS and/or any other annex document, except for the mandatory legal provisions relating, in particular, to the processing of personal data. The other provisions of these GCUS, notably the responsibilities and guarantees to which the Client is subject, apply to the Client for free.
Billabex alone determines the conditions under which the right to use the Solution for free is granted, these conditions being subject to change at any time.Furthermore, the free Client is informed and accepts that the right granted to them for access and use of the Solution is precarious, Billabex being entitled to remove this right at any time and at its sole discretion.The free Client wishing to benefit from the rights recognized to the Client by these GCUS must subscribe to a paid Offer.
18- Miscellaneous
18.1. Commercial references. – The Client, having the status of a professional, expressly authorizes Billabex to cite and, if necessary, use the reproduction of its trademarks or logo as commercial references, notably during events or in its commercial documents and on its website, in any form.18.2. Assignment. – The Client may not assign its obligations arising from these terms to a third party without the written authorization of Billabex. The request must be made by any means of written communication at least thirty (30) days before said assignment. In the absence of a response within fifteen (15) days from the receipt of the written request, Billabex will be deemed to have refused the assignment. Billabex may at any time transfer, assign, or contribute to a third party in any form, all or part of its rights or obligations arising from these terms, after having previously informed the Client who cannot oppose it.18.3. Modifications. – Billabex reserves the right to modify these GCUS at any time. The Client will be informed of these modifications by any useful means at least thirty (30) days before they come into force. The Client who does not accept the modified GCUS must unsubscribe from the Solution and Services according to the terms provided in article 9.2; otherwise, the modified GCUS will apply to the Client at the first renewal of the Contract.18.4. Evidence Agreement. – The Client expressly acknowledges and accepts:- that the data collected on the Solution and Billabex's computer equipment attest to the reality of the operations carried out within the framework of the present contract;- that this data constitutes the main mode of proof admitted between the parties, notably for the calculation of amounts due to Billabex.18.5 Applicable Law and Dispute ResolutionThe Contract is subject to French law. Any dispute relating to its interpretation and/or execution falls within the jurisdiction of the French courts.
18.6 Final ProvisionsThese General Conditions of Service, the General Conditions of Use, and their annexes constitute the entire agreement between the parties concerning the subject matter hereof and supersede all previous agreements and understandings, whether written or oral, between the parties with respect to such subject matter.If one or more provisions of these General Conditions of Service are held to be invalid or declared as such under any law, regulation, or following a final decision of a competent court, the other provisions will retain their full force and scope.The fact that one of the Parties does not claim a breach by the other Party of any of the obligations referred to under these General Conditions of Service cannot be interpreted for the future as a waiver of the obligation in question.In case of difficulty in interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared nonexistent.
The English version of these General Conditions of Service is for informational purposes only. In case of a discrepancy between the French and English versions, the French version shall prevail.
