1. Subject and acceptance
The following general terms (the "Terms") govern access to the online software Gestiway (the "Service") developed by Gestiway SAS (à compléter) (the "Publisher") and its subscription by professionals (the "Client").
Creating an account constitutes unconditional acceptance of the Terms, the service sub-contract agreement and the privacy policy, which form an integral part thereof.
2. Definitions
- Space: an isolated environment of a client company, grouping its data, users, and subscription.
- User: a natural person authorized by the Client to access their Space (owner, administrator, member, accountant).
- Client Data: all data entered, imported, or generated within the Space, including those of the Client's end customers.
- Client Portal: a secure space allowing end customers of the Client to view, sign, and pay their documents.
3. Access to the Service and Account
The Service is intended for professionals (individual businesses, companies, associations) operating within the scope of their activities. The Client guarantees the accuracy of the information provided during registration.
Logins are personal and confidential. The Client is responsible for actions taken from the accounts of its Users and commits to reporting immediately any unauthorized use. Two-factor authentication is recommended.
4. Free trial
Every new Space receives a free trial of 30 days granting access to all features, without a bank card. Upon expiration of the trial, without subscription, the Space becomes read-only: data remains viewable and exportable.
5. Plans and prices
Current offers are described on the [Prices] page (/tarifs). As of the date of these announcements:
- Solo : €24 HT per month, paid monthly, or €228 HT per year, paid annually; up to 1 user.
- Pro : €49 HT per month, paid monthly, or €468 HT per year, paid annually; up to 3 users.
- Studio : €99 HT per month, paid monthly, or €948 HT per year, paid annually; up to 10 users.
Prices are stated excluding taxes; the applicable VAT is added. Any price change is notified at least 30 days before its effective date and applies to the following renewal period; the Customer may cancel prior to this date.
6. Payment and invoicing
The subscription is payable in advance, monthly or annually, by credit card through our payment processor Stripe. A valid invoice is provided for each due date.
In case of payment failure, new attempts are made and the Client is notified. If no regularization occurs, the Space is set to read-only until payment is made. In accordance with article L441-10 of the Commercial Code, any payment delay incurs penalties at a rate of three times the legal interest rate and a fixed indemnity of 40 € for collection costs.
Payments made by end customers to the Client via the Portal are processed by Stripe on the Client's Stripe account, in accordance with Stripe's terms. The Publisher is not a payment services provider, does not hold any funds, and does not charge any commission on these payments.
7. Duration, renewal and cancellation
The subscription is valid for the chosen period (one month or one year) and automatically renews for an identical duration.
The client may cancel at any time from their settings; cancellation takes effect at the end of the current period, without fees and without refund for the period already started. A change in offer takes effect immediately, pro rata.
The Editor may suspend or terminate access in case of serious Client default (persistent non-payment, illegal use, security breach), after a notice remaining ineffective for 15 days, except in urgent circumstances.
8. Service Usage
The Client agrees to use the Service in accordance with the law and for its intended purpose. Among other prohibitions: the dissemination of illegal content, sending unsolicited messages in violation of prospecting rules, attempts to access other Spaces' data, mass automated extraction, and reselling the Service.
The client does not provide any sensitive data as defined in Article 9 of the GDPR (health, opinions, etc.) beyond the strictly necessary requirements for the service delivery.
The provided models (contracts, emails, mentions) are for indicative purposes only. The Client remains responsible for the content of its commercial documents, the accuracy of its legal statements, its VAT rates, and compliance with its declaratory obligations, including the transmission of its electronic invoices via an authorized platform when required by regulation.
9. Availability and support
The Publisher implements reasonable measures to keep the Service accessible 24 hours a day, 7 days a week, with a monthly availability target of 99.5% excluding scheduled maintenance. Where possible, maintenance is announced in advance and carried out during off-peak hours.
Support is provided by email to contact@gestiway.example on weekdays. The Studio plan benefits from priority handling.
10. Client data and reversibility
The Client remains the sole owner of its Client Data. The Publisher processes such data as a subcontractor, upon instruction from the Client, under the conditions of the subcontracting agreement.
The Client can export its data at any time (complete export in JSON format, CSV exports, PDF documents and Factur-X). After cancellation, the Space remains accessible for read-only access. The Client may request the permanent deletion of its Space: such deletion occurs after a 30-day withdrawal period. It is the Client's responsibility to retain its invoices for the legally required duration (10 years, Article L123-22 of the Commercial Code).
11. Responsibility
The Publisher is liable for the use of reasonable means. Its liability can only be engaged in the case of proven fault and is limited, in total, to the amounts paid by the Client in the twelve months preceding the incident.
The Publisher is not liable for indirect damages (loss of revenue, customers, or reputation), nor for consequences arising from improper use of the Service, erroneous data entered by the Client, or unavailability of third-party services (operators, banks, Stripe, messaging services).
12. Intellectual property
The Service, its code, its interfaces, and its documentation remain the property of the Publisher. The Client enjoys, during the subscription period, a personal, non-exclusive, and non-transferable right of use.
13. Privacy
Each party agrees to keep confidential the non-public information of the other party that it becomes aware of during the course of the contract, for the duration of the contract and for five years thereafter.
14. Force majeure
Neither party shall be held liable for a failure caused by a force majeure event as defined in Article 1218 of the Civil Code.
15. Modification of Conditions
The Publisher may update the Conditions. The Client will be notified by email at least 30 days prior to the effective date of any substantial change; in the absence of cancellation before this date, the new Conditions will apply.
16. Governing Law and Disputes
These Conditions are governed by French law. The parties will seek a friendly resolution before taking any action. In the absence of such, any dispute shall fall exclusively under the jurisdiction of the courts of the Publisher's seat, including in the event of multiple defendants or appeal in guarantee.