Terms of Service
These terms are intended for professional (business) customers and not consumers; certain consumer protections therefore do not apply.
1. Purpose
These terms govern access to and use of the Werisco software service (the "Service"), a SaaS platform for data quality and forecasting applied to ERP data, provided by Werisco (the "Publisher") to any professional customer (the "Customer"). Any subscription implies unreserved acceptance of these terms.
2. Description of the Service
The Service enables, in particular: connection to ERP systems, data quality analysis and cleaning, ingestion of validated data, and demand forecasting. Exact features depend on the subscribed plan and may evolve.
3. Subscription and account
The Customer subscribes online or by purchase order. The Customer warrants the accuracy of the information provided and is responsible for the confidentiality of its credentials and for actions performed through its account.
4. Pricing, billing and payment
- Pricing: according to the subscribed plan, as stated on the quote or subscription page.
- Billing: monthly, in advance, by charge through the payment provider Stripe.
- Taxes: prices are stated exclusive of tax. Currently: "VAT not applicable, article 293 B of the French General Tax Code" (exemption scheme). Should the exemption cease to apply, applicable VAT will be added.
- Late payment: interest at the statutory rate plus the increase, and a fixed recovery indemnity of EUR 40 (articles L441-10 and D441-5 of the French Commercial Code).
- Non-payment: the Publisher may suspend access after a formal notice remains without effect for 8 days.
5. Term, renewal and termination
- Term: monthly commitment, starting on subscription.
- Renewal: automatic renewal for successive periods of the same duration, unless terminated before the term with 30 days' notice.
- Termination for breach: in the event of a serious breach not remedied within 15 days of formal notice, the other party may terminate as of right.
- Effects: on termination, access is disabled; the Customer may request an export of its data for 30 days (see DPA).
6. Availability and support
Availability and support commitments are set out in the SLA, which forms an integral part of the contract.
7. Customer obligations
The Customer undertakes to: use the Service in accordance with these terms and the law; not attempt to circumvent its security; hold the necessary rights over the data it imports; and be solely responsible for the lawfulness of that data.
8. Intellectual property
The Publisher retains all rights in the Service. The Customer is granted a personal, non-exclusive and non-transferable right of use for the term of the contract. The Customer retains full ownership of its data (see DPA).
9. Personal data
The processing of personal data is governed by the Privacy Policy and, for Customer data, by the DPA.
10. Confidentiality
Each party undertakes to protect the other's confidential information and to use it only to perform the contract, for its term and for 3 years thereafter.
11. Warranties and liability
- The Service is provided on a best-efforts basis. Forecasts and quality scores are provided as decision support and do not constitute a guarantee of results.
- To the extent permitted by law, the Publisher's total liability, all damages combined, is capped at the amounts actually paid by the Customer during the 12 months preceding the triggering event.
- The Publisher is not liable for indirect damages (loss of business, loss of data attributable to the Customer, loss of revenue, etc.).
- These limitations do not apply in the event of gross negligence, willful misconduct or bodily injury.
12. Insurance
The Publisher maintains professional liability coverage appropriate to its activity.
13. Force majeure
Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code.
14. Changes to the terms
The Publisher may amend these terms; the Customer is informed 30 days before they take effect. Continued use constitutes acceptance.
15. Governing law and jurisdiction
These terms are governed by French law. Failing an amicable settlement, any dispute falls under the exclusive jurisdiction of the competent courts at the Publisher's registered seat.