French
Publishing Director: Mr. Toinon Georget, President.
Host: The website www.waalaxy.com is hosted by the company OVH whose head office is located at 2 RUE KELLERMANN 59100 ROUBAIX.
The website www.waalaxy.com (hereinafter "the website") is published by WAAPI, a simplified joint stock company (SAS) with a capital of 228 200,00 euros, whose registered office is located at 9 CHE DU BERANGE 34160 SUSSARGUES, registered with the RCS on 17/07/2018 under the number 841124001, with an establishment at 290 Avenue Nina Simone, 34000 Montpellier operating under the WAAPI brand.
Mr. Toinon Georget is the legal representative of the company WAAPI (hereinafter "Waalaxy" or "our Company").
WAAPI
SIRET No.: 84112400100030
Intracommunity VAT No.: FR47841124001
General terms and conditions Waalaxy
§ 1. Scope and subject matter of the contract
The following terms and conditions apply to the use and operational support of standard software programs (the "Software") by Waalaxy developed on behalf of WAAPI, hereinafter referred to as Waalaxy, and provided as a Software-as-a-Service via the web browser, app or a browser extension. Subject of the contract are:
the provision of software programs listed under waalaxy.com for use via the Internet and the storage of data of the customer on servers of the data center. Individually developed software programs are not subject of this contract.
§ 2. Type and scope of services
The type and scope of the mutual services are regulated by the contractual agreements. The scope of services defined in the contract shall be deemed to be the agreed quality. Decisive for this are:
the defined scope of services of the software listed in the contract, which is specified in the respective user documentation,
the suitability for the use assumed in the contract,
the conditions specified in the contract,
the following conditions,
generally applied technical guidelines and professional standards, in particular also the international standards and proposals of the Internet Engineering Task Force (IETF) as documented in the Request-for-Comments (RFC) and the W3C (World Wide Web Consortium).
In the event of discrepancies, the contractual agreements shall apply in the above order.
Further conditions, in particular general terms and conditions of the contractual partner, shall not apply, even if Waalaxy does not expressly object to them. The GTC of Waalaxy shall apply exclusively.
§ 3. Terms of use
3.1. Rights of the customer to the software
Waalaxy grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the software specified in the contract and any associated user documentation for the duration of the contract. The software is provided via the Internet. The transfer point for the SaaS services is the router output of the data center used by Waalaxy to the Internet. The customer undertakes to use the software exclusively in accordance with the contract and neither to pass it on to third parties nor to make it accessible to third parties in any other way. The Customer is not entitled to "reverse engineer", decompile, disassemble, duplicate or use any part of the Software to create a separate application.
Customer hereby acknowledges Waalaxy as the sole licensor of the Software and the copyrights associated therewith. Waalaxy's rights as sole licensor also apply to enhancements to the Software provided by Waalaxy to the Customer, unless otherwise provided in writing.
Customer hereby acknowledges Waalaxy's trademark, name and patent rights with respect to the Software and related documentation. Customer shall not remove, alter or otherwise modify any copyright information or other similar proprietary notices in the Programs and related documentation.
3.2. Rights of the customer to the data
The data collected, processed and generated by the software are stored on the servers of the data center. The Customer shall in any case remain the sole owner of the data and may therefore demand that Waalaxy provides individual or all data at any time, in particular after termination of the contract, without any right of retention on the part of Waalaxy. The surrender of the data shall be effected by electronic transmission via a data network or by separate agreement. The customer has no right to also receive the software suitable for the use of the data. The responsibility for the permissibility of the collection, processing and use of the data as well as for the protection of the rights of the persons concerned (information, use, correction, blocking, deletion) lies with the customer.
3.3. Violation of the terms of use
In the event of violations of the aforementioned terms of use, Waalaxy shall be entitled to terminate the contract in whole or in part without notice. In this case, Waalaxy additionally reserves the right to assert claims for damages against the customer resulting from the breach of contract.
3.4 Contract duration and termination
The minimum term for the provision of the SaaS service with costs is 1 month. The contract period shall be automatically extended by the same booking period (monthly or yearly subscription) if no notice of termination is given. The amounts will be collected from the last deposited direct debit or credit card data.
Waalaxy is entitled to terminate for good cause, in particular in the event of failed direct debits or credit card collections.
You can cancel your Waalaxy plan at any time, and you will continue to have access to the Waalaxy service through the end of your billing period.
Payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused Waalaxy quotas.
To cancel, go to the "Settings" page, then "Invoices" and click on the "Unsubscribe from Waalaxy" button. From there, simply follow the instructions. If you cancel your plan, your account will automatically downgrade to the "Freemium" plan at the end of your current billing period.
Note that you have up to 15 days after taking a subscription for the first time to request a refund. You should contact our chat assistance or write us at contact@waalaxy.com within these 15 days.
For a faster response, we advise you to contact our customer support via chat (button at the bottom right corner of the website).
§ 4. Maintenance conditions and service level
4.1 Further developments/modification of services
Waalaxy reserves the right to further developments and changes in performance (e.g. by using newer or different technologies, systems, procedures or standards) in the course of technical progress and optimization of performance after conclusion of the contract. In the event of significant changes in performance, Waalaxy shall notify the Customer accordingly in due time. If the customer suffers significant disadvantages as a result of the service changes, he shall have the right to extraordinary termination of the contract on the date of the change. The termination must be made by the Customer within two weeks after receipt of the notification of the change in performance.
If new versions of the software are made available, Waalaxy shall grant the Customer the rights listed in Section 3 accordingly also for the respective new version.
4.2 System operation
Waalaxy shall ensure that the provided software is operated in an environment and configuration suitable for the requirements of the customer as well as on hardware suitable for the intended use of the customer. This includes the number and type of servers, regular backups, scalability, power supply, air conditioning, firewalling, virus checking, broadband internet connection.
Waalaxy carries out regular backups of the data stock. In the event of data loss, Waalaxy can restore the customer's data at the customer's express request by means of a recovery procedure.
4.3 System availability
The availability of the network of the data center at the router output on the Internet is 99% on an annual average. The client-side connection to the Internet is the responsibility of the customer. This is not part of the scope of services. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per year. Excluded from this are those periods which Waalaxy designates as so-called maintenance windows for optimization and performance enhancement as well as loss of time during fault clearance due to reasons for which Waalaxy is not responsible and failures due to force majeure.
4.4 Disturbances of the system availability
Faults in system availability must be reported by the Customer immediately after they become known. Before reporting a malfunction, the customer has to check his area of responsibility. In the case of fault reports received within support hours, fault clearance usually begins within one working day. In the case of fault reports received outside support hours, fault clearance shall commence on the following working day. Delays in fault clearance for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side) shall not be counted towards the fault clearance time.
§ 5. Warranty
It is not possible according to the state of the art to exclude errors in software under all application conditions. However, Waalaxy guarantees that the software mentioned at www.waalaxy.com is basically usable. The limitation period is one year.
Errors in the software and any documentation shall be eliminated by Waalaxy free of charge within a reasonable period of time. The prerequisite for this claim to rectification of errors is that the error is reproducible. Waalaxy may, at its own discretion, either rectify the defect or supply a replacement in order to fulfill the warranty obligation. In particular, Waalaxy may provide the customer with a new version of the software in order to fulfill the warranty obligation. It shall be equivalent to the elimination of a defect if Waalaxy delivers an alternative solution to the defective function which allows the Customer to use the software in accordance with the contract.
Warranty claims are excluded if the software is not used in accordance with the contract. Furthermore, the warranty claims are excluded if the customer makes changes or extensions to the software mentioned in the contract, unless the customer proves that the errors are not causally related to the changes or extensions.
If a significant program error is not remedied by Waalaxy in accordance with the aforementioned conditions, the Customer may demand a one-time reduction of the monthly usage fee. Waalaxy shall have the same right if the production of the error correction is not possible with reasonable effort. If in the course of the error correction it turns out that the problems are due to operating errors or improper use by the customer, Waalaxy may demand reasonable compensation for the expenses incurred.
Waalaxy does not guarantee the fulfillment of the individual requirements of the customer by the software specified in the contract. This applies in particular to the non-achievement of the intended economic success. Warranty claims against Waalaxy are only due to the direct customer and cannot be assigned.
§ 6. Limitation of liability
In any case, Waalaxy's contractual as well as tortious liability is limited to EUR 500 for personal injury, EUR 200 for financial loss, property damage and damage to activities, and EUR 100 for loss of data, except in cases of intent and gross negligence. Liability for loss of profit is excluded.
Waalaxy shall not be liable for disruptions on telecommunication connections, for disruptions on line paths within the Internet, in the event of force majeure, for the fault of third parties or the Customer itself. Waalaxy assumes no liability for damages that arise if the customer passes on passwords or user IDs to unauthorized persons.
LinkedIn does not allow automation tools, third party software and extensions. Any violations of LinkedIn´s user agreement can result in warnings, temporary and / or permanent bans of user accounts. By using Waalaxy, the user agrees that the use of Waalaxy is at the user's own risk and Waalaxy will be held harmless from claims for any resulting warnings, loss of data or banned accounts.
§ 7. Compensation
A monthly fee agreed in the contract is charged for Waalaxy services. The fees incurred are invoiced in advance over a period of time.
§ 8. Terms of payment
Payments are made by direct debit or credit card clearing. If the payment deadline is exceeded, services may be restricted in the event of default.
The customer is not entitled to offset claims against Waalaxy, unless they are legally established claims or claims recognized in writing by Waalaxy.
§ 9. Confidentiality, data protection
The contracting parties undertake to keep secret the knowledge gained within the scope of the subject matter of the contract - in particular technical or economic data as well as other knowledge - and to use it exclusively for the purposes of the subject matter of the contract.
This shall not apply to information that is publicly accessible or becomes publicly accessible without unauthorized action or omission on the part of the contracting parties or must be made accessible due to a court order or a law. In the event of support assistance with Customer's problems, it may become necessary to access Customer's records. The access can be done via a web meeting with the customer or via database analysis. This access is limited to the period of the respective support measure.
If personal data must be processed within the scope of the subject matter of the contract, Waalaxy and the Customer shall comply with the statutory data protection provisions.
Waalaxy points out to the customer in accordance with the Data Protection Regulation (GDPR) that data of the customer will be stored in accordance with our privacy policy.
In all other respects, the provisions of our data protection declaration shall apply.
§ 10. Final provision
The place of performance is Montpellier. The place of jurisdiction for both contracting parties is Montpellier, France. The law of the Republic of France shall apply exclusively. The contract, its supplements and amendments as well as changes in form must be in writing.
Should any provision of the contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties undertake to replace the invalid provision with one that comes as close as possible to the economic intent. The same shall apply if a loophole should become apparent in the contract.
