Introduction
UBIKIO SAS provides the FIXEE service which offers a customer service solution based on artificial intelligence (hereinafter the “service”).
The General Terms and Conditions of Sale (“GTCS”) described below are intended to set out the terms and conditions for the provision and use of the service.
Before subscribing to any of the offers, the customer declares that he/she has read the GTC applicable to the entire service, and that he/she has had the necessary time and skills to assess the service and ensure that it meets his/her needs.
Any subscription by the Customer to the service implies his unreserved acceptance of these GTS.
Contractual documents
The commercial relationship between UBIKIO SAS and the Customer is governed by the following contractual documents, presented in descending order of legal value:
- the quotation(s) ;
- Terms and conditions of sale ;
- the terms and conditions of the service.
In the event of contradiction between one or more provisions contained in any of the above documents, the provisions contained in the document of higher hierarchical rank shall prevail.
Effective date and duration
The General Terms and Conditions come into force when the Customer signs the quotation or purchases credits online.
The duration of the commercial relationship between UBIKIO SAS and the Customer is specified in the quotation.
Credits purchased are valid for any length of time, provided the user or a member of his or her team logs on at least once a year.
Intellectual property
UBIKIO SAS is the exclusive owner of the intellectual property rights on the service and its content (including logos, domain names, drawings, texts, sounds, models, databases, graphic charter, etc.), its methods, and its know-how.
The commercial relationship between UBIKIO SAS and the Customer in no way constitutes an assignment or transfer of property rights to the service.
The Customer is granted a non-exclusive, worldwide, unlimited license to use the Software for strictly professional purposes, and solely within the scope of its business activities.
The customer therefore undertakes not to translate, communicate, market or transfer, whether free of charge or in return for payment, the service, in whole or in part, to a third party, including within its group of companies (e.g. subsidiary, parent company, etc.). Any unauthorized translation, transfer, communication or marketing of the service by UBIKIO SAS is prohibited and constitutes a breach of contract and an infringement punishable by articles L335-2 et seq. of the French Intellectual Property Code and articles L713-2 et seq. of the same code.
Notwithstanding the above, UBIKIO SAS reserves the right to use the logos and trade names of its customers on its own website for marketing purposes.
Testing the “Alpha” and “Beta” versions of FIXEE.AI
FIXEE.AI regularly updates its services to offer the best experience to its customers. Certain functionalities are offered for testing in intermediate development versions, in order to validate their suitability with customer expectations and to gather feedback. These features are identified as “Alpha” and “Beta”.
“Alpha” is a version designed to validate the proof of concept, which implies an unfinished but usable feature. “Beta” is a pilot version designed to test a feature in the process of completion on a statistically significant scale.
Alpha and Beta versions may be made available to a limited number of Users (“Beta testers”) in return for comments, suggestions and feedback on the use of said Alpha or Beta version functionalities, both in terms of operation and user-friendliness. This information may be sent to Ubikio by any written or oral means.
In addition, Beta testers undertake to notify Ubikio of any malfunction observed when using the Services.
During this period, we reserve the right to limit, suspend or upgrade Alpha and Beta features at any time, without notice. Beta testers acknowledge that Ubiquio does not guarantee the availability of these specifically identified features, nor the safeguarding of data and information that may be generated or transmitted by or through their use. Ubikio cannot be held responsible for the loss or alteration of such data.
Billing and payment
The Price of the service corresponds to the price of the offer chosen by the Customer directly online and/or confirmed by the quote.
Service prices are quoted in the currency of the customer’s country, and include all duties and taxes payable by the customer. The service is invoiced upon subscription to the chosen offer.
Invoices are payable :
- In the case of credits purchased online and annual subscriptions, invoices are payable on receipt by bank transfer, direct debit or credit card.
- In the case of monthly subscriptions with tacit renewal, the subscription is paid by SEPA direct debit or credit card, at the customer’s discretion. Payment is made monthly on the anniversary date of the subscription.
UBIKIO SAS reserves the right to modify the price of the service at any time. The new price will only be applied to quotations made after the new price comes into effect, or to the renewal of any tacitly renewable subscription, in the case of a non-binding subscription. In the latter case, the customer has the option of not renewing the subscription.
Invoice disputes
In the event of disagreement over part of an invoice, the Customer must nevertheless pay the undisputed part of the disputed invoice without delay. Invoice disputes must be documented and communicated within 15 days of receipt.
It is agreed that the issue of a new invoice, in the event of a staggered invoice or regular billing, extinguishes the customer’s right to contest the previous invoice.
UBIKIO SAS may not set off any sums due without its prior agreement.
Late payment
Any delay in payment by the customer may lead to immediate suspension of the subscribed service, without notice or compensation, until the situation has been regularized.
Any delay may also result in the payment of a late payment penalty equal to three times the legal interest rate, plus a flat-rate indemnity of 40 euros for collection costs. In addition, the cost of rejecting a direct debit is 20 euros.
This penalty starts to run on the day following the payment date shown on the invoice.
The penalty is payable automatically, without prior reminder, and is automatically included in the next invoice by UBIKIO SAS.
In the absence of regulation by the Customer, UBIKIO SAS reserves the right to take any action necessary to protect its interests, with all costs incurred being borne by the Customer.
Suspension of service
UBIKIO SAS reserves the right to suspend the service as well as the customer’s personal account(s) without compensation of any kind, regardless of the economic stakes for the Customer, in the following cases:
- has the renewal of the subscription subscribed by a signed estimate and in the absence of payment of the sums due within the time limits or breach of the present conditions,
- in the event of no connection for a period of 12 months from the date of subscription.
Customer responsibility
The customer is solely responsible for any use of the service that is contrary to public order or morality.
The Customer therefore undertakes not to use the proposed service for illicit purposes, or with a view to committing any contraventional, tortious or criminal offence.
UBIKIO SAS cannot therefore be held liable for any breach by the Customer of its own obligations in using the service, nor for any breach by users chosen by the Customer.
Liability
Ubikio makes every effort to maintain the availability, continuity and quality of its Services. This commitment complies with current professional standards and best practices, either on our own servers or via a professional hosting provider operating at the highest level of the state of the art in the profession.
However, due to the nature of the Internet, this cannot be guaranteed. In addition, the Customer’s access to the service may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service. UBIKIO SAS endeavours to limit the frequency and duration of such suspensions or limitations.
UBIKIO SAS shall not be held liable for any delay or impossibility for the Customer to meet its obligations to its own customers if the delay or impossibility results from a cause beyond its reasonable control.
In all cases, it is expressly agreed that UBIKIO SAS is subject to an obligation of means for the provision of the service. The Customer accepts that UBIKIO SAS may only be held liable in the event of a proven fault, it being understood that this liability is only applicable to direct and foreseeable damage, indirect damage being excluded, and that UBIKIO SAS is not liable for commercial losses (including loss of profit, contracts, expected savings, data, clientele or superfluous expenditure), which are not foreseeable.
Indirect damages include loss of data, time, profits, sales, margins, orders, customers, operations, revenues, commercial actions, or damage to brand image, expected results, third-party action and, in general, any commercial disturbance whatsoever. Likewise, any action by a third party against the Customer is considered indirect.
Lastly, UBIKIO SAS is not responsible for the results obtained and the consequences arising from the surveys commissioned.
Force majeure
The Customer is informed that any case of force majeure immediately and automatically suspends the execution of the service. In the event of force majeure lasting more than two months, UBIKIO SAS reserves the right to suspend or terminate the service without notice or compensation.
Events beyond the control of UBIKIO SAS, which cannot be reasonably foreseen at the time the service is made available and whose effects cannot be avoided by appropriate measures, and which prevent its use, are considered to be cases of force majeure.