Terms of Service - Akwatype

Terms of Service (ToS)


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

Article 1 – Definitions

  • ToS: refers to these terms of service and sales for the online Services.
  • Content: refers to the elements transmitted by the Client or directly inserted by the Client on the Platform. The Client remains the owner and responsible for the Content that they have authorized, requested to be inserted, or inserted themselves.
  • Artefact: refers to any description in textual, graphical, or extraction or report form (HTML, OpenAPI, Excel, PDF, text, etc.) of data models and data flows, including scripts, code artefacts, and configuration files generated from these descriptions.
  • Party: refers to the Client or Akwatype, or both when this term is used in the plural.
  • Platform: refers to the software tool accessible online from the Site through which the Services are provided.
  • Service(s): refers to the service(s) provided online by Akwatype via the Platform and which the Client subscribes to when they accept these ToS.
  • Information System: refers to the Client's information system.
  • Workspace: refers to the space accessed by the Client that allows them to manage all information regarding the Platform's functionalities.

Article 2 – Purpose

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.

Article 3 – Services

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.

Article 4 – Applicability and Enforceability of the ToS

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.

Article 5 – Information Provided by the Client

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.

Article 6 – Access to the Platform

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:

  • Technical Reliability: Data transmissions on the Internet only benefit from relative technical reliability, and no one can guarantee the proper functioning of the Internet.
  • Data Security: The Company has taken significant measures to secure access to the Platform. However, data circulating on the Internet may be subject to diversions. The communication of passwords, confidential codes, and any sensitive information is done by the Client at their own risk.
  • Risk of Intrusion: The Internet is an open network, and the information transmitted is not protected against the risks of diversion, fraudulent intrusion, hacking, alteration, or unauthorized data extraction, or contamination by computer viruses. It is up to the Client to take all appropriate measures to protect their data and software stored on their information system against these risks.
  • Service Availability: The Company reminds the Client that the Internet is an open and informal network, consisting of the interconnection of computer networks on an international scale using the TCP/IP standard. Consequently, the Company cannot guarantee Service availability considering the operation of the Internet, nor that the use of the Service will be uninterrupted.

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.

Article 7 – Subscription

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.

Article 8 – Pricing/Billing

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.

Article 9 – Refund and Cancellation Policy

  1. Right of Withdrawal : In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content not provided on a tangible medium, the execution of which has begun after the consumer's prior express consent and express waiver of his right of withdrawal.
  2. Cancellation by the Client : The Client can cancel their subscription at any time via the billing portal or by contacting the Akwatype team at this email address: support@akwatype.io. The cancellation will take effect at the end of the current subscription period (monthly or annual). No refunds will be issued for the current subscription period.
  3. Refunds : As a general rule, payments made are non-refundable, including initial setup fees and recurring payments. However, refunds may be granted at the Company's discretion in the following cases:
    • If the Client was billed by mistake.
    • If the Client was unable to access the Services due to a proven and persistent technical failure of the Platform, not resolved by the Company within a reasonable time.
  4. Subscription Modification : If the Client reduces the number of users or switches to a less expensive subscription, the corresponding credit will be used to settle the following installments of the new subscription. No cash refunds will be made for the price difference.
  5. Termination by the Company : The Company reserves the right to terminate the Client's subscription in case of violation of these Terms of Use or any behavior deemed detrimental to the Company or its other Clients. In case of termination by the Company, the Client will be refunded on a pro-rata basis for the remaining period of the subscription, except in case of a serious violation of the Terms of Use.
  6. Refund Request Procedure : For any refund request, the Client must contact the Company's support at the address support@akwatype.io providing the details of the request. The Company will review each request on a case-by-case basis and inform the Client of its decision within 14 business days.
  7. Force Majeure : The Company cannot be held responsible for delays or failures in the performance of its contractual obligations resulting from events beyond its control, including but not limited to, cases of force majeure as defined by the applicable legislation.

Article 10 – Client Obligations

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.

Article 11 – Akwatype's Liability

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.).

Article 12 – Duration/Termination/Reversibility

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.

Article 13 – Intellectual Property

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.

Article 14 – Client Content

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.

Article 15 – Transfer

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.

Article 16 – Customer Service

For any request for information, clarification, or any claim, the Client must contact Akwatype's Customer Service by email at support@akwatype.io.

Article 17 – Communication

The Client authorizes Akwatype to use their brand, logo, trade name, and company name for communication purposes on any medium.

Article 18 – Proof Agreement

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.

Article 19 – Applicable Law

The Contract is subject to French law, excluding all international conventions.

Article 20 – Dispute Resolution

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.