Terms & Conditions
1 - What is Axeptio?
Axeptio is the name of the software that will enable you toconfigure Cookies and obtain the consent of those you wish tocollect the data from while complying with the law in force ✪ (including the GDPR, the e-Privacy Directive, the January6, 1978statute, etc.).
With Axeptio, the collected data may therefore be legally processed for commercial use.
2 - Who may subscribe to Axeptio?
Axeptio is reserved for professionals and organizations.
If you subscribe to Axeptio, you waive the right to rely on any consumer rightsregulations.
Schedules may be added on based on your needs.
4 - What is the meaning of “SAAS mode software?”
Axeptiois offered in a “software as a service” mode (or “SAAS”), i.e. it is hosted remotely and not on your computer. Axeptio may therefore evolve in a flexible manner, over time, because updates are issued remotely at the same time for all users, without your being required to do anything whatsoever.
An advance notice is sent to all users in the event of major software update of Axeptio.
5 - How to subscribe to Axeptio?
Not everyone can use Axeptio.
Your subscription application may be refused if, for example, your website promotes violence or intolerance. Your activities must therefore comply with standards of public order and decency.
Axeptio can indicate precisely when consent is given: it is called time-stamping. In order to be able to rely on the operations with which to reconcile the consent and those giving their consent, your information must be accurate and sincere.
If such information there after changes, you must update it.
If you provide false information, we are authorized to delete your account.
6 - What are my user rights?
You have the right to use Axeptio on a worldwide basis during theentire term of your subscription. ✪
Unless provided otherwise, the license holder must pay for thesubscription.
Our solution is 100% original: we offer a full warranty that Axeptio isnot counterfeit software and that you can use it on a commercialbasis: we offer you a full warranty in the event we fail to do so
7 - What are the restrictions?
You do not have an exclusive right to use Axeptio.
Axeptio may be installed on your websites and applications, based on your subscription agreements, but you may not assign or sublicense your Axeptio subscription to a third party.
Although Axeptio allows the use of large customized graphics, you shall not conceal or modify the visual elements that allow the identification of Axeptio’s authorship, which should be identifiable at all times as the software’s author.
8 - How is the proper operation of Axeptio maintained?
Agilitation is responsible for Axeptio’s maintenance.
“Corrective maintenance” is designed to ensure the normal operation of the softwareby correcting any future malfunctions. “Evolving maintenance” is designed to improve Axeptio’s functionalities or to develop new ones.
The correction of anomalies is done through remote interventions.
Axeptio operations may be disrupted to enable required interventions related to the proper operation or the update of the software. To the extent possible, such interventions shall be carried out on days and at times which do not affect Users’ activities.
Should any intervention be planned, you will be informed thereof.
No discount shall be granted in connection with such interventions.
9 - Liability Limitations
Furthermore, except for typical violations of our contractual obligations toward you, you hereby agree that the amount of AGILITATION’s liability shall not exceed the reimbursement amount of the last annual subscription you paid for or, in the event theloss is assumed by our insurer, such liability shall be limited to the compensation amount paid by the insurer.
No legal action may be undertaken by one party against the other more than one (1) yearafter the onset of the dispute.
10 - Full exemption of liability
Neither party to the Contract shall be held liable if it has breached its obligations due to a Force Majeure event.
Agilitation shall not be held liable in any way whatsoever in the following cases:
- In the event of interruptions and/or slowdowns of the networks used to operateAxeptio.
- In the event of breakdowns affecting Axeptio’s host servers.
- In the event uses fail to comply with its destination or documentation.
- In the event you modify Axeptio or attempt to do so, either directly or through athird party.
- In the event of a breach of your contract obligations.
- In the event of deterioration due to a Force Majeure event or an improper useof the software.
- In the event of the use of Axeptio for purposes contrary to internationalagreements and/or laws and/or regulations.
- In the event of the implementation or attempted implementation within Axeptioof any third-party software package, software program or operating system not approved by Agilitation.
- In the event of the use of incompatible terminals.
- In the event of the failure of electronic communication networks.
- In the event of a wilful act of deterioration, a malicious attack or an act of sabotage.
11 - Processing Liability
Agilitation does not process personal data via Axeptio.
Agilitation agrees to comply with the regulations in force in the State where theCustomer’s entity is located, as well as in the State where such data will be stored.
Agilitation limits access to personal data to specifically identified people and providesincreased protection against any non-compliant use.
Any request for the processing (subcontracting) of the data shall be agreed upon byentering into a specific processing (subcontracting) agreement in compliance witharticle 28 of the GDPR.
12 - Payment of subscription
Use of the software is invoiced as indicated on the website under “Pricing.”
In the event of the User’s failure to pay within the agreed-upon deadline, AGILITATIONshall charge the User late fees equal to 3% of the legal interest rate, without therequirement of a formal notice (section L441-6 of the Commerce Code).
Failure for the User to pay an invoice by its expiration date shall make all amountsowing immediately due and payable.
The User may, in addition, be required to pay a lump sum recovery fee to AGILITATIONin the event of a payment delay, in compliance with section 121-II of Statute No. 2012-387 of March 22,2012, set at 40€ by Decree No. 2012-1115 of October 2, 2012. Eachyear on January 1st, the rates may be adjusted, based on the SYNTEC Index.
13 - Regarding the compliance of your structure with the GDPR.
Axeptio enables you to easily ensure:
- The legal compliance of cookies used on your website or your applications.
- The legal compliance of consents obtained for the collection of data.
Axeptio, however, does not manage the complete upgrading of your structure in all theother areas covered by the GDPR (management of personal data registration cards,designation of a DPO, etc.).
If this happens, you will be notified.
If you inform Agilitation that you reject such updates, your subscription will becancelled.
The deadline within which your account will be deleted will be based on the length ofyour subscription to Axeptio:
- The account will be deleted within one (1) month for any subscriptionequal to or less than twelve (12) months
- The account will be deleted within three (3) months for any subscription ofmore than twelve (12) months but less than or equal to eighteen (18) months.
- The account will be deleted within six (6) months for any subscription of more than eighteen (18) months.
In such a case, Agilitation will reimburse you the amount corresponding to there maining subscription fee already paid for but unused, on a prorated basis (if, for example, you have paid for 12 months, have used the software for 2 months and then cancel, we will reimburse you for 10 months)
15 - Contract termination based on failure
In the event of failure on the part of the User or of Agilitation, the contract may beterminated in compliance with the graphic hereunder:
Should a Party breach its obligations, the other Party may send a formal demand toremedy such breach by registered mail, with acknowledgement of receipt, specifyingthe nature of the breach and the deadline within which it must be remedied.
Should the defaulting Party fail to bring such remedy within ten (10) days after theformal demand has been sent, the non-defaulting Party may then, unilaterally andautomatically, avail itself of the termination of contract remedy, to the detriment ofthe other Party.
The exercise of the termination right by either Party in the cases provided hereunderdoes not prejudice their respective right to institute an action or bring proceedingsthey deem useful, nor to claim remedies before a court of competent jurisdiction fordamages claimed.
16 - Miscellaneous
Exchanges of e-mail between the parties constitute valid evidence.
All technical information regarding the software, as well as electronic exchanges of anytype between the parties (e-mails, internal messages to services, etc.) may be stored andarchived by each of the parties for evidentiary purposes.
The invalidity of any provision of the Contract does not affect the validity of its otherobligations. The parties shall negotiate the required replacement provisions.
Agilitation has taken out an insurance policy from a reputedly solvent insurance company, which covers all tangible and intangible damages resulting from the delivery ofservices by its staff or collaborators.
17 - Applicable Law
The Contract shall be construed under French Law. All judicial proceedings shall takeplace within the jurisdiction of the Montpellier Court of Appeal (proceedings regardingintellectual property rights shall take place before the Court of Appeal of Aix-en-Provence).
Except in cases of serious wrongdoing justifying termination of the Contract without anyrequest for corrective measures, the parties shall attempt to reach an out-of-courtsettlement in the event of a dispute between them.
Should the parties be unable to reach a settlement within thirty (30) calendar daysfollowing the attempt to settle out of court, they shall recover their right to take action.
18 - Force majeure
Neither Party shall be liable for failure to perform its obligations if and to the extent suchfailure results directly from a Force Majeure event.
The Party who is a victim of a Force Majeure event shall notify the other Party of thisevent and of the end thereof by any means available and as soon as possible.
The parties shall review together the remedial measures to be taken in order to decrease the consequences of the Force Majeure event.
Obligations affected by the Force Majeure event shall be suspended for as long as thesituation lasts.
Should the Force Majeure event last longer than fifteen (15) consecutive calendar days,the Party to whom the obligations are owed may terminate the Contract by immediatelysending a letter by registered letter mail with acknowledgement of receipt. Neither Partymay claim compensation for this termination from the other Party.