Akwatype, a sole proprietorship with a capital of 2000 €, headquartered at 8 avenue du Général de Gaulle, 94170 Le-Perreux-Sur-Marne, registered under the number 830 387 148 at the Créteil Trade and Companies Register (hereinafter "Akwatype"), offers an online service accessible in Software as a Service ("SaaS") mode. This service allows businesses and individuals (hereinafter the "Client"), via access to a platform, to design and document their data models, data exchanges between their services or applications, as well as to generate extractions and reports from these models. The Platform is available at the URL: project.akwatype.io.
Email: support@akwatype.io
VAT Number: FR84830387148
The purpose of these ToS is to define the terms and conditions for the Client's access to the Services provided online by Akwatype. They constitute the sole contractual link between Akwatype and the Client.
The Platform allows the Client to design and document data models and descriptions of their project flows. The available features vary depending on the subscriptions, and the Client is invited to select the subscription that meets their needs. The Services are described on the Site.
These ToS apply to any subscription to the Services made on the Site by a Client. Akwatype is free to change the content of its offer at any time. The Client declares that they have read the ToS before placing their order and accept them without reservation when validating their order. The validation of the online order constitutes acceptance of these ToS. The applicable ToS are those in force on the Site at the date of the order.
The Client agrees to provide complete and accurate information for access to the Services. Any missing or false information may result in the closure of the Client's account. The Client guarantees to be of legal age and capable of contracting. If the Client is a legal entity, the person requesting access to the Service on behalf of the said legal entity guarantees that they have sufficient rights to represent and commit the legal entity.
Access to the Platform requires an Internet connection. All costs necessary for the equipment and connection are the responsibility of the Client. The Client declares that they have read the characteristics and limits of the Internet:
Each Workspace is strictly personal and cannot be used by a third party. The Client agrees not to communicate their identifiers and passwords to a third party. If the Client becomes aware that their password has been transmitted to an unauthorized third party, they agree to inform the Company without delay and to change it through the procedure indicated by the Company.
The different subscriptions are described and presented on the Site. Before placing an order, the Client selects the subscription they wish to subscribe to and accesses a summary presenting the subscription price and any additional fees. The Client confirms acceptance of their subscription by completing the payment process corresponding to the selected subscription. Validation of the payment by the Client constitutes acceptance of these ToS and the formation of the contract between the Client and the Company.
The price of subscriptions allowing access to the Services is specified on the Site excluding tax. Subscriptions can be annual or monthly. All payments are made through our partner Paddle. The Paddle terms of use can be viewed at the following address: https://www.paddle.com/legal/terms. The available payment methods, applicable taxes, and the currency used for payment are indicated during the payment process.
The Client can change their subscription at any time, with the new subscription rate applied upon validation of the change. The applicable taxes are those in effect on the billing date. Any tax increase or any new applicable tax will be taken into account in the billing during the subscription period without the Client being able to contest it. The subscription price is payable in the currency indicated at the beginning of each contractual period (year or month) on the anniversary date, using the initially chosen payment method. If the Client reduces the number of users or switches to a less expensive subscription, the corresponding credit will be used to pay for the following instalments of the new subscription.
The Client has a billing portal on our partner Boathouse's platform. The Boathouse portal terms of use can be viewed at the following address: https://www.boathouse.co/terms. The billing portal allows viewing invoices generated by Paddle, managing subscriptions to the Platform, including changing plans and managing the number of users when the plan allows managing multiple users.
The Client is solely responsible for the information integrated into the Platform from their Workspace. They agree not to divert the purposes of the Services. The Client is strictly prohibited from attempting to gain unauthorized access to the Platform's computer system or engaging in any activity that disrupts, reduces the quality, interferes with performance, or deteriorates the functionality of the Platform.
Akwatype does not commit to an availability rate for the Platform. If the Platform is unavailable, Akwatype commits to doing everything possible to make it accessible again as soon as possible. The Client accepts that the Platform may be unavailable during maintenance periods. Akwatype cannot be held responsible for decisions made by the Client based on the artefacts obtained through the Services. Akwatype cannot be held responsible for any damage caused by a force majeure event, by the Client or by a third party, nor for any indirect damage (loss of turnover, loss of customers, etc.).
The Contract is valid for the duration selected by the Client, either one month or one year, tacitly renewable for equivalent durations unless a decision of non-renewal is made. The decision of non-renewal can be made by the Client at any time by contacting the Akwatype team at this email address: support@akwatype.io. If the decision of non-renewal is made by Akwatype, it will be communicated by email, at least two months before the renewal date. Termination can also be carried out by either Party in case of fault of the co-contractor, after sending a formal notice by email that remains without effect for thirty days. At the end of the Contract, Akwatype may, upon the Client's request, provide them with all the descriptions managed on their behalf by the Platform. The descriptions will be deleted from Akwatype's servers within thirty days after the Client's account is closed.
The Client, under their subscription, only has a private, personal, non-transferable, and non-exclusive right to use the Platform during the subscription period and worldwide. The Services cannot be used for the benefit of a third party. The Platform's code (except for parts of the code that are Open source or third-party modules) and elements accessible on the Platform such as data, databases, management tools, texts, and generally all information made available to the Client are the full, complete, and exclusive property of Akwatype. The Client is prohibited from copying, reproducing, decompiling, using the Platform other than according to the strictly interpreted stipulations of these ToS, proceeding with reverse engineering, extracting all or part of the databases, etc. Akwatype does not claim any intellectual property rights over the content created by the Client using the Platform.
The Client agrees to respect the rights of third parties in their written contributions and Content published on the Platform, including personality rights, intellectual or industrial property rights. The Client guarantees Akwatype in case of claims against it for Content belonging to the Client. Akwatype cannot be held liable for the content made available on the Platform by the Client, unless it does not promptly make them inaccessible after being informed of their illegality.
The Client expressly prohibits transferring, whether for payment or free of charge, all or part of the rights and obligations they hold under this Contract.
For any request for information, clarification, or any claim, the Client must contact Akwatype's Customer Service by email at support@akwatype.io.
The Client authorizes Akwatype to use their brand, logo, trade name, and company name for communication purposes on any medium.
The Client's "clicks" for accepting these terms and conditions, but also for paying for a subscription, constitute acceptance of the contract. Computerized records kept in Akwatype's and its partner Paddle's computer systems will be kept under reasonable security conditions and considered proof of communications, subscriptions, and payments made between the parties.
The Contract is subject to French law, excluding all international conventions.
Any dispute arising from the interpretation or execution of this Contract will be subject to an attempt at amicable resolution. Failing an amicable solution, any dispute likely to arise between the parties will be within the jurisdiction of the competent court of the jurisdiction where Akwatype's headquarters are located.
