Nederlandse
1. Preamble
a. SAS Waapi, with a share capital of €203,500.00, registered in the Montpellier Trade and Companies Register under
number 841 124 001, with its registered office at ZAC HIPPOCRATE IMMEUBLE ARION II 270 AV NINA SIMONE 34000
MONTPELLIER
b. Waapi is a software publishing company. It develops and publishes Waalaxy, whose features are described in detail
on the https://www.waalaxy.com website.
c. Our general terms and conditions are governed by the terms and conditions of a contract of adhesion as set out in
article 1110 paragraph 2 of the French Civil Code ("A contract of adhesion is one that includes a set of non-negotiable
clauses determined in advance by one of the parties").
d. These terms and conditions are governed exclusively by French law.
2. Object
a. The GTC define the rules that must be respected to use Waalaxy and the obligations between users and Waapi.
b. Before using Waalaxy, you must read and accept these Terms and Conditions.
c. If one or more of the provisions of the GCU do not suit you, you must not accept them.
d. By accepting the TOU and using Axeptio's services, you are entering into a contract with Waapi. In accordance with
the law, you can download and save our terms and conditions.
3. Technical requirements
a. You acknowledge that you are aware of all the technical requirements necessary for Waalaxy to function properly.
b. You acknowledge that you have been informed that these requirements may change, particularly for technical
reasons. If a change occurs during the term of the contract, you will be informed in advance.
4. Registration
a. To use Waalaxy you must be a natural person of at least 18 years of age, with full legal capacity, acting within the
framework of your professional activity, or be the legal representative of a legal entity with the capacity to validly
bind it, or be the representative of an association.
b. Waalaxy is reserved for professionals - i.e. any natural person acting for purposes relating to their commercial,
industrial, craft or liberal activity - and associations.
c. By registering, the user declares that he/she understands and accepts that the use of the services provided by Waapi
excludes the rules of consumer law. He therefore expressly waives his right to do so in the event of a dispute. As a
reminder, the consumer is defined by the preliminary article of the French Consumer Code as "(...) any natural
person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal
activity".
d. Any application for registration may be refused if we find that the required criteria have not been met or if the
registration does not appear to comply with public order and morality or with a legal or regulatory provision in force.
e. The information you provide to subscribe to Waalaxy must reflect the reality of your situation.
f. The good faith that you must demonstrate when providing or filling in the data is a legal requirement laid down by
the law, in this case article 1104 of the Civil Code: "Contracts must be negotiated, formed and performed in good
faith. This provision is of public order".
g. If this information changes after you have registered and is likely to affect your collaboration with Waapi, you must
update it.
h. By accepting the present terms and conditions, you waive the right to hold Waapi responsible in any way for any
damage caused by incorrect information in the LinkedIn account that allows you to register with Waalaxy.
i. If you knowingly provide false information on the form, your account will be deleted and the contract terminated
without notice or justification.
5. Access protection.
a. Your Waalaxy account is accessible to anyone accessing your LinkedIn account. You are solely responsible for its
confidentiality.
b. We shall not be liable for any consequences arising from the loss or theft of your login details and passwords where
such loss or theft is not due to any fault on the part of Waapi.
c. By accepting these terms and conditions, you waive all liability on our part in any way whatsoever for any loss, theft
or piracy of this information, provided that Waapi is not at fault.
6. Suspension of services
a. The use of Waalaxy may be occasionally suspended to allow interventions and maintenance necessary for its
operation. If an intervention is planned, you will be informed so that you can take all necessary measures to avoid
any disruption to your business.
b. In case of extreme urgency, imperative necessity, or if Waalaxy's security is at stake, Waapi is exempted from this
duty of prior information, and is responsible for providing all useful explanations after the intervention has been
carried out.
c. Waapi cannot be held responsible for the possible consequences of the unavailability of Waalaxy due to
maintenance or updating of the services.
7. Maintenance and support
a. Waapi ensures corrective and evolutionary maintenance of Waalaxy. Maintenance may result in temporary
suspension of access to associated services. Waapi is committed to correct as soon as possible any malfunction
affecting Waalaxy and to make any improvement it deems useful.
b. You benefit from updates and functional evolutions at no extra cost. All modifications to Waalaxy are made to
improve its operation and/or to extend its functionalities. Corrections and evolutions are therefore subject to the
present general conditions. Waapi will provide you with the information related to the modifications made.
c. Updates cannot be refused.
d. You may need to make new configurations or software adaptations to enable interfacing with Waalaxy following an
update.
e. Waalaxy corrections and evolutions are subject to the present general conditions. Interventions related to this
service may make the services provided temporarily unavailable.
8. Licence
a. The license represents the right to use Waalaxy. The generating event for obtaining and renewing the license is the
payment of the subscription fee.
b. The beneficiary of the licence is therefore presumed to be the holder of the payment instrument used to pay for the
licence.
c. The license is granted for the duration of the subscription. It is intended to allow the use of Waalaxy to the exclusion
of any other purpose.
d. The license grants a personal, non-exclusive, non-assignable and non-transferable right to use Waalaxy for the
duration of the subscription and for the whole world.
e. The right of use is the right to represent and use Waalaxy for its intended purpose.
f. Any other use of Waalaxy, in particular any adaptation, modification, translation, arrangement, distribution,
decompilation, without this list being limitative, is forbidden except in cases provided for by law.
g. The license includes the right to access and use Waalaxy within the limits of the authorizations granted.
9. Limitation of liability
a. Access to Waalaxy requires an Internet connection. The quality of your connection to this network depends on your
subscriptions and equipment.
b. The Internet network is subject to possible interruptions and/or slowdowns. Under these conditions, Waapi does
not guarantee the continuity of Waalaxy.
c. Waapi uses security infrastructures and access control mechanisms in order to protect data and the proper
functioning of Waalaxy. However, the Internet network exposes its users to the communication of computer viruses
as well as to malicious acts that may cause damage to your equipment and/or data. It is therefore your responsibility
to ensure the security of your equipment.
d. By accepting the general terms and conditions, you waive the right to hold Waapi liable for this type of damage
insofar as it is not linked to a fault committed by Waapi.
e. Access to Waalaxy or to some of its functionalities may occasionally be suspended to allow interventions and
maintenance or updates necessary for their proper functioning. If an intervention is planned, you will be informed
by any means.
f. You waive the right to hold Waapi liable for the possible consequences of the unavailability of the service(s) and the
subscription remains due according to the conditions initially subscribed to. (No reimbursement, compensation or
payment of damages is possible in the event of temporary unavailability of the site and/or services).
g. By accepting the general terms and conditions, if you demonstrate that Waapi has committed a fault during the
course of the contract, in accordance with articles 1231-3, 1231-4 et seq. of the French Civil Code and the constant
jurisprudence of the French Supreme Court (Cour de Cassation), you waive your right to claim from Waapi more
than compensation for the pecuniary consequences of direct and foreseeable damage caused by our fault. Waapi
will therefore not be liable for any indirect or unforeseeable loss or damage suffered by the licensee or third parties,
such as, but not limited to any lost profit, total or partial loss, inaccuracy or partial or total corruption of files or data,
commercial prejudice, loss of turnover or profit, loss of clientele, loss of a chance, cost of obtaining a substitute
product, service or technology, in connection with or arising from the non-performance or faulty performance of
the services.
h. In addition, except in the case of a typical breach of our contractual obligations towards you, you accept, in
application of article 1231-5 of the French Civil Code, that Waapi's liability is limited to a ceiling equal to the
reimbursement of the last year's subscription that you paid, or in the event that our insurer assumes responsibility
for the claim, to the ceiling of the compensation actually paid by our insurer in this respect.
i. Waapi cannot be held responsible for the accidental destruction of data by the customer or by a third party using
Waalaxy with the customer's login and password.
10. Warranty of eviction
a. Waapi warrants that it is the owner of all intellectual property rights that enable it to grant a User Licence.
b. On this basis, Waapi guarantees that the Waapi Solutions do not infringe the rights of third parties.
11. Subscription payment terms.
a. The use of Waalaxy is invoiced as indicated on the Web Site in the "Pricing" section and/or in the quotation you have
received and accepted.
b. In case of non-payment of an invoice when due, access to Waalaxy will be suspended until the payment incident is
settled.
12. Economic dependence
a. If you derive a benefit from the services offered by the API to such an extent that it becomes essential to the
proper functioning of your business, or that it creates a situation of economic dependence towards Waapi, you
must inform us without delay in accordance with articles L420-1 et seq. of the French Commercial Code.
b. If you fail to comply with this obligation, you de facto waive your right to hold us liable in the event of your account
being deleted for any reason whatsoever and/or to invoke sudden termination of the contractual relationship on
the grounds of economic dependence.
13. Compliance of Waalaxy use with legal rules.
a. By subscribing to the services provided by Waapi, you agree not to use Waalaxy in any way contrary to the rules of
law, public order and morality. You acknowledge that you are fully aware that the publisher of a web site and/or
application may expressly forbid the use of such a solution and it is your responsibility to be aware of the operating
rules of each web site before using the possibilities offered by Waapi. If you are in any doubt as to the consent of
the website targeted by the scraping operation, you undertake to request the required authorisations before using
the Waapi Solutions.
b. By accepting the general conditions, you declare that you agree to scrupulously carry out the required legal
verifications before proceeding with the use of Waalaxy .
c. By accepting the present terms and conditions, you release and indemnify Waapi against all consequences that may
arise from the use of Waalaxy that does not comply with the requirements of the present terms and conditions.
d. It is therefore your responsibility to take all the technical, organisational and legal measures required to ensure that
your operations comply with all the legal and regulatory provisions relating to the practice of "scraping" (or "content
extraction").
14. Personal data.
a. By accepting these terms and conditions, you acknowledge that Waapi does not process personal data on your
behalf and/or for your account.
b. However, through the present contract, Waapi provides access to the Waapi Solutions functionalities, which
potentially make it possible to do so. The present provisions therefore organise the responsibilities of Waapi and
the Licensee with regard to all the legal provisions relating to the protection of personal data and with a view to
informing the persons concerned by the collection and processing of their data.
c. The customer declares and accepts :
> that it alone determines the purposes and means of processing personal data.
> that it is and remains solely responsible for the processing carried out (within the meaning of the RGPD)
> that it alone assumes all legal consequences relating directly or indirectly to disputes, litigation and/or
liabilities arising from the processing of personal data.
d. The Client fully indemnifies and guarantees Waapi, at its first request, against all legal and pecuniary consequences
that may affect it directly or indirectly as a result of a breach of legal and/or regulatory obligations relating to the
protection of personal data.
15. Protection of personal data.
a. Waapi is responsible for processing the personal data collected from the customer.
b. This data collection complies with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data (General Regulation on the Protection of Personal Data or GDPR).
c. Personal data is collected on the basis of articles 6.1.b and 6.1.c of the aforementioned RGPD.
d. In accordance with articles 15 to 22 of the RGPD, concerning the data that Waapi holds about you, subject to
compliance with legal and regulatory provisions and contractual requirements, you have the following rights: right
of access, right of rectification, right of erasure, right to limitation of processing, right to notification of rectification,
erasure, limitation, right to data portability, right to object, right not to be profiled.
e. Apart from the legal periods imposing longer retention periods, the personal data collected is retained for one year
from the last effective rental.
f. To exercise these rights, please write to us at the contact e-mail address on our website. If in doubt, we may ask you
to provide proof of your identity in order to verify the accuracy of your request, in order to protect your data.
16. Changes to general terms and conditions
a. We may change our general terms and conditions and/or appendix(es). If this happens, you will be informed and
asked to accept the changes before being able to access your account and the services offered.
b. If you do not reply within the time limit set, you hereby accept that your silence will be deemed to constitute tacit
acceptance of the new general terms and conditions.
c. If you refuse to accept the new terms and conditions, your account will be terminated.
17. Termination of contract.
a. The subscription is entered into for the initial duration chosen by the customer. Unless
terminated by them, it automatically renews at the end of the commitment period for an
identical duration (for example, a one-year commitment => renewal for one year). Any
period started is due in full.
b. Subject to the foregoing, you may at any time decide to terminate the subscription, subject
to the payment of the amounts remaining due until the end of your current commitment.
c. Waapi may also terminate this contract by giving 30 calendar days' notice, starting from receipt of the e -mail
informing you of such termination.
18. Waapi intellectual property rights.
a. Our web site and Waalaxy are made up of many elements that generate rights to our benefit. These include, but are
not limited to: graphics, images, texts, videos, animations, sounds, logos, gifs and icons, as well as their layout, etc.
You may not use them without our prior written consent. You may not use them without our prior written
permission.
b. Violation of this rule is punishable under articles L.3335-2 et seq. of the French Intellectual Property Code.
c. Waapi benefits from the "rights of database producers" referred to in Book III, Title IV, of the French Intellectual
Property Code (Law no. 98-536 of 1 July 1998) relating to copyright and databases, and in particular from the
protection afforded by Article L341-1 of the French Intellectual Property Code, which states that "The producer of a
database, understood as the person who takes the initiative and the risk of the corresponding investments, benefits
from a protection of the contents of the database when the constitution, verification or presentation of the latter
attests to a substantial financial, material or human investment. This protection is independent of and without
prejudice to the protection afforded by copyright or any other right in the database or any of its constituent elements".
19. Force majeure.
a. Any breach of any of the obligations of these general terms and conditions caused by a case of force majeure, as
defined in article 1218 of the French Civil Code, will exonerate the parties from their liability.
b. If such an event occurs, the party prevented by the event from performing its service shall inform the other party
by any means as soon as possible.
c. The suspension of obligations or the delay shall under no circumstances be a cause of liability for non-performance
of the obligation in question, nor lead to the payment of damages or penalties for delay.
20. Dispute management
a. If a dispute arises during the course of the contract, you undertake, in the same way as Waapi, to try to find an
amicable solution to the dispute before taking the matter to court.
b. If no agreement is reached within 60 days of the attempt to reach an amicable settlement, everyone regains their
right to take legal action.
c. To engage Waapi's civil liability, you must act within one calendar year of the claim arising, as permitted by article
2254 of the Civil Code.
d. Only the courts within the jurisdiction of the Montpellier Court of Appeal may hear a dispute between us, regardless
of where your company is based.
e. In the event of a dispute, only the computer registers containing the trace of exchanges between the parties, held
by Waapi or its technical partners and kept in conditions that guarantee their integrity, will be deemed authentic
between the parties.
21. Miscellaneous
a. The nullity, lapse, lack of binding force or unenforceability of one or any of the stipulations of the general terms and
conditions shall not entail the nullity, lapse, lack of binding force or unenforceability of the other stipulations, which
shall retain all their effects.
b. However, the parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
