Общие условия продажи

Article 1 – Purpose and scope

These general terms of sale (the “Terms of Sale”) govern the subscription to and use of Socle’s paid plans (Pro, Business and any future plan), an online service published by Tyche Informatique, 7 rue du 19 mars, Celles-sur-Durolle 63250, SIREN 939118527 (the “Publisher”).

They supplement the terms of use and the privacy policy and prevail over them for everything relating to paid plans. The data processing agreement (“DPA”) published on this site forms an integral part of them.

They prevail over any document of the Customer, including its general terms of purchase, unless agreed in writing and signed by the Publisher.

Article 2 – Customers and right of withdrawal

Paid plans are open to professionals (companies, sole traders, associations, public bodies and any person acting for the purposes of their business) and to consumers, individuals acting for personal purposes (the “Customer”). Clauses reserved for professional Customers or for consumers say so.

A consumer has fourteen (14) days from their first subscription to withdraw, without giving reasons or paying any penalty (Article L221-18 of the French Consumer Code). By subscribing, they expressly request immediate access to the paid features; if they withdraw, they only owe an amount proportional to the service provided until withdrawal (Article L221-25).

To withdraw, the consumer cancels from the Organization page and informs contact@tyche-info.fr by an unequivocal statement, for example using the form in the annex. The refund is made within fourteen (14) days using the same means of payment; it may also be requested directly from Link support.

Professional Customers have no right of withdrawal, which they expressly acknowledge.

Article 3 – Subscription and acceptance

Subscriptions are made online from the Organization page. Ticking the acceptance box and confirming payment constitutes full acceptance of the Terms of Sale and the DPA, and an electronic signature within the meaning of Article 1367 of the French Civil Code. The Customer can save or print the Terms of Sale at any time from this site.

A person subscribing on behalf of a legal entity declares that they are authorized to bind it. The Publisher’s computer records (date, time, version of the Terms of Sale accepted) are kept and serve as proof of the agreement.

Any free trial is granted once per person and per organization, with no commitment; the Publisher may refuse or end it in case of abuse.

Article 4 – Prices

Prices are those displayed on the site on the day of subscription, per organization member and per month. They include indirect taxes (VAT or equivalent tax of the Customer’s country); the exact amount, in the Customer’s currency, is shown on the checkout page before confirmation.

The monthly amount is adjusted automatically to the number of members of the organization. The Publisher may change its prices at any time; the new price applies to ongoing subscriptions after thirty (30) days’ notice given in the service or by email, and the Customer may cancel before it takes effect.

Article 5 – Payment

The subscription is payable monthly in advance. It is sold and collected by Stripe, through its Link service, as merchant of record: Stripe charges the Customer, collects and remits indirect taxes, issues receipts and invoices, and handles fraud prevention, payment disputes and payment support, under its own terms, which the Customer accepts on the checkout page. The Publisher provides the service.

The Customer manages its payment method, billing address, invoices and subscription from the Organization page or on the Link website.

If payment fails, the organization returns to the free plan after seven (7) days, without compensation.

Article 6 – Term and termination

The subscription is entered into for one month and renews automatically every month, with no minimum term. The Customer may cancel at any time from the Organization page; cancellation takes effect at the end of the period already paid.

Subject to the consumer’s right of withdrawal and legal guarantees, no full or partial refund is due for the current period, including in case of early cancellation, downgrade or removal of members.

The Publisher may terminate a subscription at any time without cause by giving thirty (30) days’ notice; it then refunds the unused portion of the paid period.

Article 7 – Description of the service and changes

The service is provided as described on the site on the day of subscription. The Publisher may develop, add, change or remove features for technical, security or legal reasons or to improve the service, at no extra cost to the Customer and without such changes giving rise to compensation, provided that the essential functions of the plan subscribed to are maintained.

If a change has more than a minor negative impact on a consumer’s access to or use of the service, the consumer is informed in advance on a durable medium and may terminate free of charge within thirty (30) days of the change (Article L224-25-25 of the French Consumer Code).

Article 8 – Obligations of the Publisher

The Publisher has an obligation of means (best efforts). It takes reasonable care to provide access to the service, its security and the backup of data, in light of the state of the art and its size, without prejudice to the consumer’s legal guarantees (Article 22).

No level of availability, performance or recovery time is guaranteed, unless specifically agreed in a signed writing. Support response times stated on the site are targets, not commitments.

The service may be interrupted for maintenance, updates, incidents or external causes, with or without notice; for professional Customers, such interruptions give no right to compensation or price reduction.

Article 9 – Obligations of the Customer

• Use the service in accordance with the law, the terms of use and its intended purpose;
• Keep its members’ credentials, passwords and backup codes confidential, and be responsible for any action carried out from their accounts;
• Not attempt to access the Publisher’s systems without authorization, disrupt their operation, or carry out security testing without prior written consent;
• Not resell, sublicense or make the service available to third parties outside its organization;
• Not share accounts: each account is personal to one member and can only be open in one place at a time, a new sign-in closing the previous one;
• Comply with its own obligations as data controller for the personal data it processes in the service;
• Keep its own copies of important data, using the service’s export features.

Article 10 – Data, backups and encryption

The Customer remains the sole owner of, and solely responsible for, the content and data it stores in the service, their lawfulness and their retention. The Publisher makes regular backups without guaranteeing complete restoration or restoration to a given date.

Part of the data is end-to-end encrypted: the keys are protected by users’ passwords and the Publisher has no access to them. Losing a password or keys, or deleting an account, may make such data permanently inaccessible; the Publisher is not liable for this and is technically unable to recover them.

Article 11 – Liability

The Publisher can only be held liable for a failure attributable to it. It is not liable where the damage results from the conduct of the Customer or its members, from the unforeseeable and insurmountable act of a third party, or from force majeure.

Towards professional Customers, indirect or consequential damage is excluded, such as loss of revenue, profit, customers, data, reputation or opportunity, commercial loss or third-party claims. Whatever the legal basis of the claim, the Publisher’s total liability towards a professional Customer is limited to the amount excluding tax actually paid by it for the service during the twelve (12) months preceding the event giving rise to liability; this limitation is an essential part of the economic balance of the contract, set in light of the price and of the Publisher’s size. Any claim by a professional Customer is time-barred one (1) year after the event giving rise to it (Article 2254 of the French Civil Code).

Towards consumers, nothing in the Terms of Sale limits or excludes the rights granted to them by law; the Publisher is liable only for foreseeable damage directly caused by its failure.

The Publisher is not liable for content stored by the Customer or its members, the use they make of the service, the Customer’s networks and equipment, or third-party services (payment, notifications, internet access providers).

Article 12 – Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. The following are in particular treated as force majeure: failure or outage of telecommunication or power networks, failure of a supplier or subcontractor, cyberattack not resulting from gross negligence of the Publisher, fire, water damage, epidemic, decision of an authority. If the impediment lasts more than thirty (30) days, either party may terminate without compensation.

Article 13 – Suspension

The Publisher may suspend, without notice, all or part of the access of a Customer or member in case of non-payment, breach of the Terms of Sale or terms of use, risk to the security of the service or of other users, or at the request of an authority. Suspension gives no right to compensation and does not suspend amounts due.

Article 14 – End of contract and reversibility

At the end of the trial or subscription, the organization returns to the free plan and its limits; if its usage exceeds them (members, projects or storage), the accounts concerned become read-only: everything remains viewable and exportable, with no data deleted, until a plan is subscribed to or usage is back within the limits. Before deleting the organization or account, the Customer may export its data using the service’s features; the data is then deleted within thirty (30) days at most, except data the law requires to be kept (in particular invoices). No migration service is owed.

Article 15 – Intellectual property

The software, the Socle brand, the interface and the documentation remain the exclusive property of the Publisher. For the duration of the subscription, the Customer has a personal, non-exclusive, non-assignable and non-transferable right of use, limited to its internal needs. Any reproduction, decompilation or attempt to extract the code is prohibited, except within the limits allowed by law.

Article 16 – Personal data

For personal data that the Customer processes using the service, the Publisher acts as processor within the meaning of Article 28 of the GDPR, under the data processing agreement (DPA) published on this site, which the Customer accepts together with the Terms of Sale. For account management and billing, and for the data of a consumer using the service for purely personal purposes, the Publisher is controller under its privacy policy.

Article 17 – Subcontracting and assignment

The Publisher may use subcontractors to provide the service, in compliance with the DPA. It may assign the contract to any entity taking over all or part of its business, after informing the Customer. The Customer may not assign the contract without the Publisher’s written consent.

Article 18 – Confidentiality and reference

Each party keeps confidential the non-public information received from the other. Unless it objects in writing, the Publisher may mention the name and logo of a professional Customer as a commercial reference; it never mentions a consumer.

Article 19 – Changes to the Terms of Sale

The Publisher may change the Terms of Sale. New terms are notified to the Customer at least thirty (30) days before they take effect; continuing the subscription after that date constitutes acceptance. A Customer who refuses them may cancel before they take effect.

Article 20 – General provisions

If a clause is held invalid, the others remain in force and the clause is replaced by the closest valid provision. Failure to enforce a breach does not constitute a waiver. The Terms of Sale, the DPA, the terms of use and the privacy policy constitute the entire agreement between the parties.

Article 21 – Governing law and disputes

The Terms of Sale are governed by French law; a consumer residing in another EU Member State keeps the protection of the mandatory provisions of the law of their country. The parties first seek an amicable solution, in writing to contact@tyche-info.fr.

For professional Customers, failing agreement within thirty (30) days, the dispute is brought before the competent courts for the Publisher’s place of business, including for summary proceedings or multiple defendants.

After a written complaint that remains unresolved, a consumer may use the consumer mediator free of charge (Article 23). They may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or where the damage occurred (Article R631-3 of the French Consumer Code).

Article 22 – Consumer legal guarantees

The Publisher is liable for any lack of conformity of the digital service that appears throughout the period of supply, under Articles L224-25-12 et seq. of the French Consumer Code. The consumer may then have the service brought into conformity or, failing that, obtain a price reduction or terminate the contract, free of charge.

For any claim, the consumer writes to contact@tyche-info.fr describing the defect.

Article 23 – Consumer mediation

In accordance with Articles L612-1 et seq. of the French Consumer Code, a consumer may use, free of charge, the consumer mediator to which the Publisher belongs: {mediator}. They must first have sent a written complaint to the Publisher that was not satisfactorily resolved, and refer the matter to the mediator within one year.

Annex – Model withdrawal form

Complete and return this form only if you wish to withdraw (consumers), to Tyche Informatique, 7 rue du 19 mars, Celles-sur-Durolle 63250, contact@tyche-info.fr:

• I hereby give notice that I withdraw from the contract for the subscription to the Socle service below;
• Subscribed on: …; organization name: …;
• Consumer’s name and email address: …;
• Date and signature (only if this form is notified on paper).