TERMS OF SERVICE
PREAMBLE - ABOUT THE COMPANY SQUADRA SOFTWARE SRL
THE USE OF THE SITE WWW.WETRANSFORM.COM PUBLISHED BY THE COMPANY SQUADRA SOFTWARE SRL, THE REGISTRATION FOR THE SERVICES OFFERED ON THIS SITE AND THEIR USE BY USERS, ARE GOVERNED BY THESE GENERAL CONDITIONS OF USE AND SALE.
WE RECOMMEND THAT YOU READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE ANY USE OF THE SITE OR THE SERVICES OFFERED ON THE SITE.
USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE GENERAL CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THE CONTENT HEREIN, YOU MAY NOT ACCESS OR USE THE SITE AND YOU MUST DISCONTINUE USING THE SITE.
By signing these general conditions of use:
• I acknowledge and certify that I have read these General Conditions of Use of WETRANSFORM and accept them expressly and without reservation, as well as having full legal capacity to contract with the company SQADRA SOFTWARE SRL within the framework of subscribing to its offer of services .
• I certify on my honor that I am over eighteen years old and have full legal capacity to contract with the company SQUADRA SOFTWARE SRL .
The company SQUADRA SOFTWARE SRL is a limited liability company, registered under company number 771844935, and whose head office is located at Avenue Édouard Lacomblé 22, 1040 Brussels, Belgium.
SQUADRA SOFTWARE SRL is the publisher of the Site and the Services offered on the sites http://www.wetransform.com and http://www.send-a-file.io , both referenced below as the Site.
ARTICLE 1 – DEFINITION
The following capitalized terms are used herein in accordance with the following definitions:
ARTICLE 2 - PURPOSE
The purpose of the T&Cs is to define (i) the conditions of access and use of the Site, (ii) in particular, the conditions of subscription and use of the Services, and (iii) in this context, the rights and obligations of the Parties, respectively in the supply (by SQUADRA SOFTWARE SRL) and use (by Users) of the Software and associated services relating to the Service.
ARTICLE 3 - EXPRESS ACCEPTANCE OF THE T&Cs
Any use of the Site and/or the Service presupposes consultation and unreserved acceptance of these T&Cs by the User or any update to the T&Cs presented on the Site interface.
SQUADRA SOFTWARE SRL may modify the T&Cs at any time, subject to informing Users as soon as they come into force by email and/or by publishing the modification on the Site.
SQUADRA SOFTWARE SRL will update the T&Cs by indicating the date of last update at the top of these T&Cs . Any User who continues to access/or use the Site and/or the Service offered on the Site and does not immediately refuse the modifications after they have been published on the Site or notified to it by e-mail , confirms that it agrees with the new T&Cs and accepts them without reservation.
ANY USER WHO WISHES TO SUBSCRIBE TO AN ONLINE SERVICE MUST ACCEPT THESE T&CS IN THEIR ENTIRETY, INCLUDING THEIR LATEST UPDATE WHICH HAS BEEN PUBLISHED AND HAS BEEN NOTIFIED TO THEM. IF YOU DO NOT AGREE WITH THE CURRENT T&CS IN EFFECT, YOU MAY NEITHER USE THE SITE OR PROCEED WITH ANY SERVICE OFFERED ON THE SITE.
ARTICLE 4 - CONDITIONS OF ACCESS TO THE SITE
Users of the Site acknowledge that:
(i) consultation and use of the Site are governed exclusively by these T&Cs, including their latest update, that they have taken full notice of them and that they must comply with them without reservation;
(ii) Access to the site and its consultation by minors (under eighteen (18) years old) is prohibited. By consulting the site you guarantee that you are over eighteen (18) years old. Likewise, the Services offered on the Site are reserved for professionals, are not intended for minors, nor for people who do not have full legal capacity to contract within the framework hereof ;
In addition, the User who wishes to subscribe to a Service offered online, undertakes to pay SQUADRA SOFTWARE SRL the price including tax corresponding to the cost of subscription to the Service(s) chosen, and the corresponding amount for User Account Settings, under the conditions defined herein. IF YOU DO NOT MEET THE ABOVE CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND MUST DISCONTINUE USING THE SITE .
ARTICLE 5 – CONDITIONS OF SUBSCRIPTION TO THE SERVICE
The User must comply with the following conditions to be authorized to use the Service:
(i) be a natural or legal person registered with the RCS who wishes to use the Service as part of their professional activity;
(ii) have lawful use of the Service(s) subscribed to, in accordance with these General Terms and Conditions and in accordance with the laws and regulations in force;
(iii) proceed every month, at the deadlines indicated, to the payment of the monthly payments for the subscription taken out with SQUADRA SOFTWARE SRL, as well as any other costs or fees which may be charged to it, under the conditions defined herein.
ARTICLE 6 - DESCRIPTION OF THE SQUADRA SOFTWARE SRL SERVICE
The Service defined in Article 1 consists of making one or more Software available to the User, as well as providing technical assistance in using the Service. The Services offered by SQUADRA SOFTWARE SRL on the Site allow the User to transform their data files from a starting format to a target format, called a “ template ”.
Any Service is provided on a non-exclusive, personal and non-transferable basis, under the strict conditions defined herein.
ARTICLE 7 – DESCRIPTION OF THE DIFFERENT SERVICE OFFERS
SQUADRA SOFTWARE SRL offers different Offers for the Service:
The “free” offer, a tool allowing you to transform a file into a template format.
The “Startup” Offer includes free features to which are added, among other things, multiple files, multiple user features;
The "Developer ” Offer : includes the functionalities of the Startup offer to which are added, among other things, functionalities for a larger number of users, embedding in a third-party application, and automation programming;
The “Business” Offer: includes the functionalities of the “ Developer ” Offer to which are added, among other things, functionalities of a greater number of users, APIs and webhooks .
Options:
In addition to the Offers above, the User can subscribe to Options aimed at broadening their scope. For example, adding additional users allows the User to increase the limit on the number of users having access to the Service.
ARTICLE 8 - SERVICE SUBSCRIPTION PROCEDURE
The User, or the SQUADRA SOFTWARE SRL salesperson, creates a User Account, by choosing a username and password or by choosing one of the two-factor authentication options. A confirmation of User Account creation is sent to the User. The User enters their credit card number on the secure platform, and benefits from a free trial period, at the end of which they choose a subscription.
The User can subscribe to certain options themselves directly on the Site, by accepting the displayed price and the T&Cs presented online.
ARTICLE 9 – IDENTIFIERS AND PASSWORDS
The User chooses a username and password when creating their User Account, or modifies them if the SQUADRA SOFTWARE SRL sales representative has created their User Account.
The identifiers and password chosen by the User, and the API identifier communicated to the User are personal; he undertakes not to disclose them, nor allow any other person to use them. Any use of the Service using the User's identifier and associated password is deemed to be made by the User. SQUADRA SOFTWARE SRL cannot be held responsible in the event of loss, theft and/or any fraudulent use of the User's identifier and/or password. If one of the aforementioned cases occurs, the User must immediately inform SQUADRA SOFTWARE SRL in writing. SQUADRA SOFTWARE SRL support can log in to the User account at any time as administrator.
ARTICLE 10 – APPLICABLE PRICES
The applicable prices are indicated on the Prices page, and confirmed by a receipt sent by email. The prices are invoiced by SQUADRA SOFTWARE SRL and payable by the User in Euros including tax.
The prices charged by SQUADRA SOFTWARE SRL as part of the Service remain subject to change or modification by SQUADRA SOFTWARE SRL, at any time, under the conditions provided for herein, and in particular in the event of modification of the Offers subscribed by the User .
Any modification by SQUADRA SOFTWARE SRL of the prices charged within the framework of the Service will be applicable, after written notification to the User and publication of the updated prices on the Site, to the subscription subscribed by the User, from the month following this modification, unless expressly terminated by the User under the conditions provided herein.
ARTICLE 11 – PRICES AND FEES
The price of the subscription is made up
The price is applicable for each User Organization.
If the User has several SQUADRA SOFTWARE SRL User Accounts, the subscription costs, User Account Setup fees and commissions are invoiced, due and paid for each User Organization, for each subscription, according to invoices separated.
ARTICLE 12 - CONDITIONS AND TERMS OF PAYMENT
All Service costs and related fees are invoiced and payable including tax. Any bank charges remain the responsibility of the User (including in the event of reimbursement).
The fixed price, including options, is invoiced on the start date of the subscription, and on each renewal date of the subscription registration, monthly or annual depending on the case and payable upon receipt of the invoice.
In the event of a change to a more expensive subscription, the price of the new subscription is prorated until the renewal date of the old subscription, and payable immediately. The price of the new subscription will then be payable on the renewal date.
In the event of a change to a less expensive subscription, the price of the new subscription will be applicable on the subscription renewal date.
Payment by credit card
SQUADRA SOFTWARE SRL uses the secure credit card payment procedure of the company Stripe . When paying, the User records the number, expiration date and cryptogram number of their bank card, which are immediately encrypted before being sent to the SQUADRA SOFTWARE SRL bank by Stripe . Payment will be made immediately on the Internet by credit card, and upon renewal on the same credit card.
The bank cards accepted on the Site are: Visa, Mastercard, American Express, Discover, Diners Club and China UnionPay .
Any invoice issued by SQUADRA SOFTWARE SRL will be paid to the latter according to the due date indicated on the invoice, according to the conditions and payment terms provided herein.
By express agreement, failure to pay on the due date may, notwithstanding the termination of the subscription, and the expiration of the authorizations for access and use of the Service relating thereto, result automatically and without prior notice :
In particular, the User is informed that stopping the Service for non-payment will result in the deletion of all configuration data from the User Account .
In the absence of payment on the due date, late payment interest will be legally due and calculated on the basis of a rate equal to three (3) times the legal interest on the day following the due date mentioned on the invoice, without that a recall is necessary. No discount is granted for cash payment. In accordance with articles 441-6 and D. 441-5 of the French Commercial Code, any late payment automatically entails, in addition to late payment penalties, an obligation to pay a fixed compensation of forty (40) euros for recovery costs. .
In addition, any recovery procedure that SQUADRA SOFTWARE SRL will be obliged to initiate with regard to the User will remain at the expense of the User, without prejudice to the application of the aforementioned late payment penalties and/or the right for SQUADRA SOFTWARE SRL to claim any damages.
ARTICLE 13 - SIGNATURE AND ELECTRONIC PROOF
In the event of online payment, the online provision of the bank card number and the validation of the order on the Site will constitute proof of acceptance of the order in accordance with the provisions of law n°2000-230 of March 13, 2000 relating to adaptation of the law of proof to information technologies and relating to electronic signature and will constitute due payment of the sums committed under the orders.
This validation constitutes signature and express acceptance of all orders placed on the Site.
The computerized records kept in the computer systems of SQUADRA SOFTWARE SRL, under the conditions provided for by law n°78-17 of January 6, 1978 relating to data processing, files and freedoms in France, and the general regulations on protection data from April 27, 2016 (GDPR) will be considered as proof of communications and transactions between SQUADRA SOFTWARE SRL and the User.
ARTICLE 14 - DURATION OF THE SUBSCRIPTION – TERMINATION
The subscription taken out by the User will take effect from the invoicing of the first monthly payment or annuity.
Subscription to Offers and Options
The subscription to the Offers is taken out for a monthly or annual period from the first day of payment of the fixed price, then is tacitly renewed for successive identical periods, until termination of the subscription by one or other of the Parties, under the conditions provided for in this article.
The Parties may freely decide to terminate this Agreement at any time.
The User can notify of his decision to terminate from his User Account.
Any decision to cancel a subscription is effective on the next renewal date.
The above initial period and conditions apply for each User Organization.
In the event that the User does not perform all or part of the obligations incumbent on him under these T&Cs, SQUADRA SOFTWARE SRL:
i. may at any time automatically terminate these terms, with prior notice fifteen (15) days before notification of the termination decision to the User to perform their obligations which has not been followed up;
ii. may at any time terminate these terms automatically, without notice and with immediate effect in the event of non-payment in accordance with article 12.4 or non-compliance with articles 21.5 or 21.6;
iii. where applicable, will transmit the possible formal notice by any means of its choice, including by simple electronic mail (e-mail).
Any decision to terminate these terms by SQUADRA SOFTWARE SRL occurs without prejudice to:
(i) any damages and interest to which SQUADRA SOFTWARE SRL may be entitled, or any other means or recourse that it may exercise to assert its rights hereunder; And
(ii) of the obligation for the User to pay all amounts remaining due to SQUADRA SOFTWARE SRL on the date of termination, for the current subscription period, which will then become immediately due, in addition to any possible late payment interest which could also be billed to him, if applicable.
In the event of termination by either Party:
(i) the amounts due for the current subscription period remain due, as well as all possible costs attached thereto, without prejudice to late payment interest which could be applied if applicable.
(ii) the User Account concerned will be closed by SQUADRA SOFTWARE SRL and the data contained therein will be deleted. Any data recovery procedure taking place after closure of the Account is excluded.
(iii) the User will continue to benefit from the Service until the end of the current period, or until the effective date of termination, whichever is later.
IN ANY CASE, REGARDLESS OF THE DATE ON WHICH THE USER INDICATES THEIR WILL NOT TO RENEW THEIR SUBSCRIPTION, SQUADRA SOFTWARE SRL WILL NOT OBTAIN ANY REFUND TO THE USER AND AMOUNTS DUE UNDER THE SUBSCRIPTION WILL REMAIN DUE TO SQUADRA SOFTWARE SRL AND PAYABLE UNTIL THE END OF THE CURRENT SUBSCRIPTION PERIOD, EVEN IF THE SERVICE IS NOT USED.
ARTICLE 15 - INTELLECTUAL PROPERTY
SQUADRA SOFTWARE SRL is the owner of the domain name [wetransform.com] and [send-a-file.io] corresponding to the Site and the “ WeTransform ” brand.
The Software is an intellectual work protected by French law and its French Intellectual Property Code (IPC). The Software as a whole as well as all elements of the Site, whether visual or audio, including the underlying technology, are protected (as the case may be) by copyright, trademarks or trademarks. patents or by the sui generis right of database producers (no total or partial extraction is authorized).
All of the aforementioned elements are the exclusive property of SQUADRA SOFTWARE SRL, which is the sole owner of the intellectual property rights relating thereto.
The right to use the Site, conferred on the User hereby, cannot in any way be construed as conferring on the User any right of ownership over the Site, the Software or any of its constituent elements.
Apart from the strict use of the Site for the purposes of browsing the Site or using the Software on the Site, the User is not authorized to use the Software or the Site in whole or in part, for any purposes other than this. either.
Any use of any component or part of the Site or the Software, brands or logos belonging to SQUADRA SOFTWARE SRL , or any exploitation of its intellectual property rights, which is not expressly authorized herein, is strictly prohibited to the User.
IN PARTICULAR, THE USER IS NOT AUTHORIZED TO MODIFY, COPY, DISTRIBUTE, FRAMED, REPRODUCE, REPUBLISH, UPLOAD, DISPLAY, POST ONLINE, TRANSMIT OR CREATE DERIVATIVE WORKS FROM THE ELEMENTS CONTAINED ON THE SITE OR TO DISSEMINATE OR COMMUNICATE THEM TO THIRD PARTIES (IN PARTICULAR ON OR BY MEANS OF A THIRD-PARTY WEBSITE) OR TO USE THEM BY ANY OTHER MEANS, EXCEPT WITH THE EXPRESS, PRIOR WRITTEN AGREEMENT OF SQUADRA SOFTWARE SRL .
THE USER IS NOT AUTHORIZED TO ACCESS, DOWNLOAD, DISPLAY, PUT ONLINE, COPY THE PAGES OF THE SITE BY PROGRAMMING OTHER THAN BY USING THE APIS PROVIDED BY SQUADRA SOFTWARE SRL . ALL TECHNIQUES CALLED CRAWLING OR SCRAPPING ARE STRICTLY PROHIBITED.
ANY HYPERTEXT LINK REFERRING TO THE SITE AND USING THE TECHNIQUE OF “FRAMING” OR “IN-LINE LINKING” OR ANY OTHER TECHNIQUE OF REFERENCE TO THE SITE IS IN PRINCIPLE FORMALLY PROHIBITED OUTSIDE THE INSTALLATION INSTRUCTIONS COMMUNICATED BY SQUADRA SOFTWARE SRL.
ARTICLE 16 - REMOVAL OF INAPPROPRIATE OR ILLICIT CONTENT
SQUADRA SOFTWARE SRL undertakes to remove any manifestly illicit content which is validly notified to it in accordance with the following provisions of article 6.I 5) of law n°2004 – 575 of June 21, 2004 known as the law for confidence in the digital economy (LCEN):
“ 5. Knowledge of the disputed facts is presumed to have been acquired by [the persons designated in 2] when [them] are notified of the following elements :
-the date of the notification;
-if the notifier is a natural person: their last name, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal entity: its form, its name, its registered office and the body which legally represents it;
- the name and address of the recipient or, if it is a legal entity, its name and registered office;
-the description of the disputed facts and their precise location;
-the reasons why the content must be removed, including mention of legal provisions and factual justifications;
-a copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted . »
In addition, SQUADRA SOFTWARE SRL reserves the right to preventively delete any content likely to be considered illicit or inappropriate on the Site.
ARTICLE 17 – PERSONAL DATA
The personal data of a User is information which makes it possible to identify the User directly or indirectly, within the meaning of Article 2 of Law No. 78-17 of January 6, 1978, relating to the information technology, files and freedoms, known as “Informatics and Freedoms” and article 4-1° of European Regulation 2016/679 of April 27, 2016 (known as the “general data protection regulation” or GDPR); this regulation specifies that the protection of personal data requires taking “appropriate technical and organizational measures to guarantee a level of security appropriate to the risk”
Users are required to provide this type of information (surname, first name, email or postal address, user name, passwords, etc.) voluntarily when requesting information online and, where applicable, an order from SQUADRA SOFTWARE SRL.
SQUADRA SOFTWARE SRL processes personal data transmitted by the User for the following purposes:
i. Customer management (processing necessary for the execution of the services described in articles 6, 7 and 8) based on the legitimate interest of SQUADRA SOFTWARE SRL;
ii. Direct marketing (processing justified on the basis of the legitimate interest of SQUADRA SOFTWARE SRL). Please note that the contact details of the User's contact person are only intended for this purpose.
In all cases where the processing of personal data is necessary for the execution of the contract, SQUADRA SOFTWARE SRL will not be able to execute the contract with the User if the latter fails to provide the required information. .
The personal data concerned are kept for a period of 3 years following the termination of the contractual relationship with the User.
The person responsible for processing this data can be contacted at the following address: support@wetransform.com or by registered mail with acknowledgment of receipt to the head office of SQUADRA SOFTWARE SRL.
After the end of the contractual relationship, the User may request deletion personal data which are no longer necessary in relation to the purposes for which they were collected or processed.
SQUADRA SOFTWARE SRL may disclose personal data to the following recipients:
(i) recipients within or connected to the User company;
(ii) third -party advisors or service providers of the User;
(iii) authorities and courts;
(iv) subcontractors acting for SQUADRA SOFTWARE SRL.
SQUADRA SOFTWARE SRL processes the personal data concerned within the European Economic Area and in India, where SQUADRA SOFTWARE SRL works with subcontractors who process personal data for the execution of the contract. These subcontractors have signed a commitment to respect the GDPR.
The User expressly accepts the transmission of his personal data to the recipients listed above.
The User has the following rights (subject to the conditions of application described in current legislation):
i. the right to access and rectify or erase any personal data concerning them or to restrict the processing concerning them;
ii. the right to data portability;
iii. the right to lodge a complaint with the appropriate supervisory authority;
iv. the right to object, free of charge, to the processing of your personal data intended for direct marketing purposes.
The exercise of the right to delete personal data essential to the execution of the contract or the withdrawal of consent to the use of these same data results in the termination of the contract at the fault of the User.
The personal data of Users will be kept by SQUADRA SOFTWARE SRL in a strictly confidential manner and may only be reused for the purposes for which they were collected and for purposes to which the persons concerned have expressly consented, in compliance with the provisions of the Data Protection Act.
For any other use of Users' personal data, for purposes other than those mentioned above, SQUADRA SOFTWARE SRL undertakes to obtain the prior consent of the Users concerned in accordance with the provisions of the Data Protection Act and the GDPR.
ARTICLE 18 - COOKIES
The User is informed of the use of cookies on the Site.
A cookie is a small file installed on the User's hard drive which records information relating to their internet browsing (pages consulted, date and time of consultation, etc.) which can be read by SQUADRA SOFTWARE SRL during subsequent visits to the User. the user. SQUADRA SOFTWARE SRL undertakes to inform the User of the presence of cookies whenever this information is required by law, and in particular for cookies used for audience measurement purposes (cookies not strictly "technical").
In this regard, SQUADRA SOFTWARE SRL undertakes to inform Users, when required by law, and in accordance with the recommendations of the National Commission for Informatics and Liberties in this matter, of such presence of cookies by the publication on its Site of a banner:
The User is informed that he can oppose the recording of cookies on his hard drive at any time by modifying the settings of his Internet browser so that it rejects cookies.
The User is informed that certain features of the Service may not function normally if cookies are rejected.
ARTICLE 19 - NEWSLETTERS
The User has the option of subscribing to SQUADRA SOFTWARE SRL newsletters, by providing their email address and checking the box provided for this purpose on the Site. The User's email address will be kept by SQUADRA SOFTWARE SRL for the sole purpose of sending them newsletters, or to communicate with them about the Site and/or the Service , and will in no case be used for purposes other than that. granted by the latter. The User is informed that he can, at any time, request to unsubscribe from SQUADRA SOFTWARE SRL newsletters. The User has a right of access and rectification in accordance with the provisions of the aforementioned Data Protection Act.
ARTICLE 20 - CONFIDENTIALITY
In accordance with the provisions of the Data Protection Act and Article 17 hereof, the User is expressly informed that SQUADRA SOFTWARE SRL reserves the right to communicate to its employees, agents or co-contractors any confidential information relating to the User, if such communication is necessary for the provision of the Service to the User and for the proper execution by SQUADRA SOFTWARE SRL of its obligations resulting from these T&Cs, it being understood that SQUADRA SOFTWARE SRL will bring to the attention of these persons the confidential nature of said information.
ARTICLE 21 - USER OBLIGATIONS
Users are solely responsible for the information they provide. Any provision of false information or any failure to comply with the obligation to update information referred to in this article may render the User liable, in accordance with the laws and regulations applicable in France. Any lack of truthful, valid and current information, or updating of this information by the User, may result in the automatic cancellation of the User's subscription, at their expense.
SQUADRA SOFTWARE SRL reserves the right to take any measure to remedy non-compliance with the T&Cs by Users.
ARTICLE 22 – LIABILITY AND GUARANTEE
SQUADRA SOFTWARE SRL makes its best efforts to provide the Service to the User in accordance with these terms, being bound in this respect only by a simple obligation of means.
SQUADRA SOFTWARE SRL provides a service as defined in article 8, which can in no case be assimilated to a management mandate, or a delegation contract. SQUADRA SOFTWARE SRL does not enjoy the autonomy, independence, capacity for assessment or initiative giving it any status of agent, and its role is limited to the execution of the instructions given by the User .
Any complaint must be notified to SQUADRA SOFTWARE SRL by registered letter with acknowledgment of receipt to the contact address indicated herein.
The User acknowledges being solely responsible for the information they provide to SQUADRA SOFTWARE SRL.
As part of the provision of the Service, SQUADRA SOFTWARE SRL makes its best efforts to:
(i) ensure the proper functioning of the Site and the Service; And
(ii) protect the personal data of Users that it has collected, against any damage, loss, alteration, destruction, intrusion into data systems or any use of this data by unauthorized third parties.
SQUADRA SOFTWARE SRL guarantees, subject to use under normal conditions, that the Service and the Software(s) provided in this context comply with the characteristics described herein and in the descriptions and help pages on the site.
The User acknowledges that in the current state of the art, it is not possible to guarantee that the Service will operate without any major or minor malfunction, nor discontinuity, nor that it will meet the performance or result conditions of the user.
SQUADRA SOFTWARE SRL cannot be held responsible under any circumstances if it appears that the User is not using the Service in accordance with its documentation as set out in the help pages appearing on the Site and/or any recommendation of SQUADRA SOFTWARE SRL;
SQUADRA SOFTWARE SRL reserves the right to close access to the Site for maintenance reasons, exceptionally and for a limited period, without the User being entitled to any compensation. The User expressly acknowledges being informed of this and accepting in this regard the consequences that this could have on their activity on the Platforms.
Subject to mandatory legal provisions, SQUADRA SOFTWARE SRL excludes any other warranty or condition, express or implied, including, in particular, any warranty or condition of merchantability or suitability of the Service and in particular of the Software(s) provided. (s) in this context, to the needs of the User that only the latter is able to appreciate .
The User acknowledges that he is the only one capable of predicting and quantifying the damage likely to be suffered by him in the event of difficulty arising in the context of the execution of the T&Cs, the terms and conditions of which (in particular the financial terms) have been established having regard to the limitations and exemptions from liability enjoyed by SQUADRA SOFTWARE SRL. Consequently, the User acknowledges and accepts that it is his responsibility to insure himself against all risks that he alone deems appropriate having regard to his particular situation and the terms of the T&Cs.
Consequently, the User expressly accepts that SQUADRA SOFTWARE SRL and/or its representatives have only limited liability. (in accordance with article 22.1 above) against it for (1) all indirect damages attributable to the poor execution or non-performance by SQUADRA SOFTWARE SRL of its obligations hereunder, such as, without limitation , any loss of profit or income and/or any damage resulting from the impossibility of using all or part of the SERVICE, interruption of activity or others, even if SQUADRA SOFTWARE SRL or its representatives have been informed of the possibility of such damage, (2) any service or assistance not specifically included in these T&Cs, (3) any damage resulting, directly or indirectly, from the inaccuracy of the information resulting from the use of the Service.
Except in cases of proven gross or intentional misconduct, the overall liability of SQUADRA SOFTWARE SRL towards the User under the T&Cs, whatever the legal basis, cannot, where applicable, exceed the amounts already paid by the User. for the last monthly payment . Furthermore, the User will not be able to claim compensation in this regard if he does not notify his complaint by registered letter with acknowledgment of receipt to SQUADRA SOFTWARE SRL within seven (7) days from the occurrence of the event. in question.
ARTICLE 23- FORCE MAJEURE
The Company will not be responsible for the total or partial non-performance of its obligations if this non-performance is caused by an event constituting Force Majeure, such as: any event external to SQUADRA SOFTWARE SRL presenting a character that is both unpredictable and insurmountable preventing SQUADRA SOFTWARE SRL and/or one of its employees, agents, service providers, or any other partner, involved in the execution of the Service, to perform all or part of its/their obligations within the framework hereof, within the meaning of the French case law of the Court of Cassation in force.
In the event of Force Majeure, the obligations of the Parties under the T&Cs are suspended, without prejudice to SQUADRA SOFTWARE SRL terminating the Service at any time. If the case of Force Majeure has not disappeared by the end of the contractual term, the subscription automatically ends, unless the term is expressly renewed by one or the other of the Parties.
ARTICLE 24 – MISCELLANEOUS
Without prejudice to the stipulations of article 13 hereof, in the event of a dispute over the use of the Service, and/or the Site, the User and SQUADRA SOFTWARE SRL agree that the recordings made by the equipment of SQUADRA SOFTWARE SRL and particularly the use of the User's personal identifiers and passwords will constitute valid proof between the Parties. It is expressly agreed that all technical information concerning the User, in particular recordings, statistics, will be kept and archived by SQUADRA SOFTWARE SRL in particular for evidentiary purposes.
These T&Cs express the entirety of the obligations of the Parties relating to the same subject as these. The fact, for one of the Parties, of not relying on a breach or failure to perform one of its obligations or any other violation by the other Party of any of its obligations under the T&Cs, cannot be interpreted as a waiver of the obligation in question nor of the rest of the provisions of the T&Cs. Likewise, any delay or omission by one of the Parties in the exercise of the rights and prerogatives conferred on it under the T&Cs cannot be interpreted as any waiver of the benefit of said rights and prerogatives.
In the event of difficulty in interpretation between one or more titles and one or more stipulations herein, the titles will not be taken into account.
If any of the stipulations herein proves to be void or inapplicable, it will be considered as unwritten without the validity of the other stipulations herein being called into question, provided however that the general scheme of these presents is not significantly affected by the deletion of the stipulation concerned.
SQUADRA SOFTWARE SRL reserves the right to transfer the T&Cs to any legal entity of its choice without notice.
ARTICLE 25 – CONTRACTUAL DOCUMENTS
The Contractual Documents are constituted in a complete, exclusive and exhaustive manner by:
ARTICLE 26 - APPLICABLE LAW AND COMPETENT JURISDICTION
These T&Cs as well as any dispute relating thereto or relating to the use of the Site and/or the Service, in particular any transaction carried out on the Site, to which SQUADRA SOFTWARE SRL is a party, are subject to French law. Any dispute relating hereto, to the use of the Site and/or the Service, as mentioned above, and in the absence of an amicable agreement between the parties, in principle falls within the jurisdiction of the PARIS Commercial Court.
ARTICLE 27 – CONTACT
For any questions, requests or complaints relating to the Site and/or the Service, the User can contact SQUADRA SOFTWARE SRL at the following address: support@wetransform.com or at:
SQUADRA SOFTWARE SRL
Ave Edouard Lacomble 22,
1040 Brussels
BELGIUM
ARTICLE 28 – VERSION OF THE T&Cs
T&Cs Updated January 23, 2024