General terms of services

Article 1 – Definitions

The following words and expressions will have the meaning that follows:

  • Exograd: means the Exograd SAS company.
  • Service: means a service commercialized by Exograd.
  • Client: means the legal or natural person who subscribed to a Service.
  • Party: means either Exograd or the Client.
  • Parties: means both Exograd and the Client.
  • General Terms of Services: means these general terms of services agreed by both Exograd and the Client for the duration of the Contract.
  • Contrat: means the contract concluded between Exograd and the Client following the subscription to a Service.
  • Documentation: means any document (descriptions, FAQ, tutorials…) made available by Exograd to provide information regarding one or more Services.

Article 2 – Purpose

General Terms of Services define the rights and obligations of Exograd and the Client in the context of the use of the Services provided by Exograd by the Client.

Article 3 – Subscription

Subscription to a Service is reserved to professionals only to the exclusion of consumers.

Subscription to a Service is concluded by an exchange between the Client and Exograd.

For Services supporting free subscriptions, the client fill the subscription form on the website of the Service. For other Servies, Exograd provides a subscription and payment link to the Client.

Ticking the General Terms of Services box during the creation of an account implies unconditional acceptance of the Client to these General Terms of Services.

The Client acknowledges that he/she is aware of the entire General Terms of Services, as well as all the Documentations associated with the Service. Exograd will not be held responsible for the mismatch between Services and the needs of the Client.

The contract is concluded after validation of the subscription, acceptation of the General Terms of Services and validation of payment information.

Exograd can offer a free mode for some of its Service. In this mode, the Client is free to use some features of the Service without having to provide payment information. Exograd can end this mode for a Client at any moment, and can delete any resource created in this mode without any prior notification.

Article 4 - Renewal

Subscriptions are available on a monthly basis.

Monthly subscriptions are concluded for one (1) month and are renewed by tacit consent for successive (1) month periods.

Article 5 - Service prices

Prices are indicated on the Exograd website in euros (€) before taxes and are net of all taxes for which the Client is entirely responsible. Exograd reserves the right to pass, without any delay, any new tax on the client, as well as any increase of tax rate.

Prices indicated on the Exograd website can be revised at any moment without notice and apply to any new subscription.

Any modification of the price of a Service subscribed by the Client is applied at the renewal of the subscription. Exograd notifies the Client of the modification at least thirty (30) days before the new tarification comes into effect. The Client who does not accept the new prices must terminate his/her subscription within thirty (30) days starting from the date of the notification. Failing that, he/she will be considered to have accepted the new prices.

Article 6 - Payment

Payment for subscriptions is done online. The only accepted payment methods are the ones offered by the online payment interface.

Payment are carried out by the payment provider who alone stores banking coordinates for that purpose. Exograd does not store any banking coordinates or credit card numbers.

The amount associated with each subscription is due within quinze (15) days starting from the issue date of the invoice. No discount will be granted for early payment of invoices.

All invoice disputes by the Client must be notified within thirty (30) days starting from the issue date of the invoice. After this limit, the principle and the amount of the invoice will be deemed to have been accepted, and Exograd will not accept any dispute for this invoice.

In the event of total or partial payment default, Exograd reserves the right to immediately suspend all or part of the Services subscribed, without the Client being able to claim any compensation.

All invoices that are not paid in full within the time limit stipulated in this article will also automatically, and with no prior service of formal notice, trigger the application of interest on late payments that is equal to the interest rate applied by the ECB to its most recent refinancing operation, increased by ten (10) percentage points; said rate will be applied to the entirety of the outstanding amounts until payment in full of the principal and interest. This penalty will be combined with a flat-rate indemnity to cover collection costs of an amount of forty (40) euros per unpaid or partially paid invoice, without prejudice to all the additional collection fees that may be claimed.

Article 7 – Service modifications

Services are subject to change during the execution of the Contract.

Services identified as being in beta test can be modified at any moment without any prior notice.

For Services which are not in beta test, Exograd notifies the Client of any substantial modification likely to be prejudicial to the Client at least thirty (30) days before the modifications come into effect.

The client cannot claim any compensation for the changes applied to the Services.

Article 8 – Maintenance

Exograd executes maintenance operations which can affect partially or totally the Services concerned.

Any operation of maintenance scheduled by Exograd which is likely to affect one or more Services in a substantial way is announced by email.

Exograd can also have to execute unexpected maintenance operations.

The Client cannot claim any compensation for any partial or total interruption or alteration of one or more Service during a maintenance operation.

Article 9 – Technical support

Exograd provides technical support to the Client by email.

Technical support aimed to assist the Client regarding problems encountered while using the Service. Technical support is not intended to intervene for problems associated with services, softwares or tools which are not provided by Exograd.

In the context of this technical support, Exograd is only under an obligation of means.

Article 10 - Intellectual property

The contract does not bestow to the Client any property right on the elements of the Services placed at its disposal.

The Client will not reproduce, distribute, alter in any way any element of the Services provided by Exograd, and any related Documentation, by any mean whatsoever, in any form whatsoever, and on any support whatsoever.

The Client authorizes Exograd to use the name, logos and brands of the Client in context of any advertisement, press release and on any support broadcasted to the public in the entire world for commercial referencing and for the promotion of its activites. The Client can revoke this authorisation at any moment by contacting Exograd in writing.

Article 11 – Liability

Exograd is committed to implement the means necessary to ensure the availability and quality of the Services in the best conditions possible. However, given the current technical state, the dependency of the Services on third-party hardware and software components and the nature of the network, Services may occasionally be subject to interruptions, degradations and malfunctions. The Client is deemed to be informed of the inherent hazards of computer systems, the Internet network and remote communications, including in terms of availability, performances and security. Therefore, Exograd is only subject to an obligation of means.

The Client is solely responsible for the use of the Services. The Client accepts the possibility of occasional incidents which may affect the availability and the proper functioning of the Services. Exograd will not be held responsible for any prejudice, including financial or commercial, caused by the use of the Services.

In any case, the liability of Exograd, duly established, will not be engaged, all claims and damages included, beyond the amounts paid by the Client for the Services performed during the six (6) months preceding the harmful event.

By agreement between the Parties, no claim or legal action by the Client may be formulated or initiated against Exograd more than six (6) months after the occurrence of the triggering event.

Article 12 – Service usage

The Client agrees not to use the Services in a manner or for purposes that are unlawful or prohibited by the Contract or applicable regulations. The Client also agrees not to circumvent or attempt to circumvent any security measures put in place by Exograd, not to make any misuse of the Services in a way that may jeopardize the stability and security of the systems of Exograd, and not to use the Services in a manner infringing the rights of third parties.

In application of the current legislation, Exograd is not subject to a general obligation to monitor, nor to a general obligation to seek facts or circumstances revealing illicit activities.

Exograd cannot be held responsible for the consequences resulting directly or indirectly from the failure of the Client to comply with these obligations.

Article 13 – Suspension

Exograd reserves the right to suspend all or part of the subscribed Services without prior notice, and without it giving the right to any compensation, in case of violation of the contractual provisions. Exograd informs the Client of the suspension by email within ten (10) days of the of the suspension.

The total or partial suspension of the subscribed Services does not stop their invoicing.

Article 14 – Termination

The Client may request to terminate one or more Services at any time by e-mail sent to Exograd. The termination is effective at the end of the current subscription period.

Exograd may terminate all or part of the Services at any time by notifying the Client by e-mail at least thirty (30) days before termination.

Notwithstanding the above, Exograd may terminate all or part of the Services at any time, without any right to compensation, in the following cases:

  • At the request of a competent judicial or administrative authority.
  • To comply with applicable laws and regulations.
  • Following repeated violations of the contractual provisions.
  • If the Service is provided in free mode.

Article 15 – General Terms of Services modifications

General Terms of Services may evolve. Exograd notifies the Client of any major modification at least one (1) month before modifications come into effect.

The Client who does not accept the new General Terms of Services must terminate its Subscription within one (1) month starting from the date of the notification. After this limit, the Client is deemed to have accepted the modifications.

Article 16 – Severability

If one or more of the provisions of the Contract are held to be invalid or declared as such following the application of a law, regulation or final decision of a competent court, the other provisions will retain their full force and scope.

Article 17 - Governing law

The General Terms of Services are originally written in French. An English translation is provided for your information. Only the French version is binding between the Parties.

The Contract is governed by French law. Said law applies to both the substantive and formal aspects of the Contract.

All disagreements that are not resolved amicably will be submitted to the exclusive jurisdiction of the commercial court of Paris (France), notwithstanding multiple defendants or third-party notices, including for urgent proceedings or interlocutory or ex parte precautionary proceedings.

Last modification: october 5th 2022.