1. Avaiga SAS :
A French simplified joint-stock company with a capital of €10 000.
With its headquarters located at 6 BD DUBREUIL 91400 ORSAY, registered at the Evry RCS – French Trade Registry – under number 897 556 841,
VAT number: FR05897556841.
2. Avaiga Singapore:
AVAIGA PTE. LTD. (Company Registration No. 202113126E), a company incorporated under the laws of Singapore and having its registered office at 80 ROBINSON ROAD #02-00 SINGAPORE 068898
Hereafter referred to as “AVAIGA” or “We” or “Our” or “Us”.
We edit the following Services:
- “Taipy community Edition”: an open-source library licensed under Apache V2 that aims to accelerate the creation of web applications based on data/IA issues for the Python community.
- “Taipy Cloud”: a platform to manage, deploy and host Taipy applications.
- “Taipy Entreprise Edition”: specific terms and conditions for enterprise are communicated on demand at the time of subscription.
Object of the contract
These general terms and conditions (“GTC” or “Contract”) lay down the terms and conditions under which We provide Our Services to the User.
The Contract constitutes the complete understanding of the Parties; it supersedes and replaces all prior or contemporaneous agreements, discussions, negotiations, promises, representations, proposals, and understandings (whether written or oral) between the Parties, with regard to the subject matter hereof.
The User (or “You”) is the natural person or legal person authorized to access and/or use of Our Services.
1. Start date. This Contract shall come into force upon acceptance of this Contract.
2. Free trial. Usage of Taipy community Edition is free of charge without time limits.
3. Termination. Any inactive account may be deleted after three years of inactivity. The Contract may be terminated by Us for failure to comply with applicable law or the Contract or any instruction from Us.
Intellectual property rights
Our Library is under License Apache 2.0.
All other content is protected by the intellectual property rights of AVAIGA, which remain its sole property.
This Contract does not entail the transfer of property of any nature whatsoever for the user’s benefit.
This content cannot be reproduced, translated, transcribed, or changed in any form or by any means without AVAIGA’s prior written consent.
The User undertakes to notify AVAIGA in a timely manner of any breach of their intellectual property rights which they might observe.
You are informed that We collect Your personal data (name and surname of the User, telephone number, and email); the purpose of this processing is business management.
Your data are held for a maximum of 5 years from the end of the business relationship.
Recipients are Us, Our providers in charge of accounting and auditing, administrative bodies, court, and judicial officers as part of their debt collection mission.
- The right to access, amend, oppose, or delete personal data and request the limitation of the data processing that concerns them. These rights can be exercised with Us.
- You also have the right to file a claim with a supervisory body in France, the CNIL. Please refer to Our privacy statement on Our website.
User warrants that the personal data are at all times collected, processed, and provided to Us in accordance with all laws and regulations.
During the term of this contract:
– We will make Our reasonable efforts (obligation of means) to provide TAIPY and any service.
– We reserve the right to modify, at any time, at Our sole discretion, with or without notice the Service, Our websites, platforms, sub-contractors, and suppliers.
- Have 18 years or older and be capable of forming a binding contract with Us.
- Access and use the Services under normal conditions, in compliance with this.
- Contract, any conditions and documentation specified by Us, and any applicable laws.
- Maintain the confidentiality and security of their passwords and account information. The User will be liable for any damages arising from any breach of this obligation.
- Be solely responsible for any loss or damages arising from this Contract or the use of the Service.
- Be solely responsible for data uploaded to the Service, any database, software, or hardware connecting from or to the Service.
- Respect the Apache license where applicable.
If You breach Your obligations, We may suspend or terminate Your account and the Contract.
Disclaimer of warranty
The following exclusions are applicable to the maximum extent permitted under applicable law.
Taipy and Taipy Cloud, maintenance and support, and any services are provided “as is” and “as available”.
We expressly disclaim any and all representations and warranties, whether express, implied, statutory, or otherwise, with respect thereto, including any implied warranty of merchantability, fitness for particular purpose, title, non-infringement, or of continuous, uninterrupted, or error-free operation, up to date, secure, free from malware or of vulnerability to intrusion or attack, error-free.
We do not warrant that our services are free from irregularities or that they will operate without interruptions.
The warranty against hidden defects, as defined by articles 1641 et seq. of the Civil Code is expressly excluded.
Avaiga shall only be liable in the event of a proven fault resulting in direct and foreseeable damages.
In no event shall either party be liable to the other for any loss of profits, damage to business or reputation, or other indirect, special, or consequential damages, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages.
Avaiga’s aggregate liability will not exceed, in any circumstance, the amount paid during the 6-month period immediately preceding the last claim or 100€ if relating to a free service.
We are authorized to sub-contract all or part of our services to sub-contractors and partners without Your prior consent; We are responsible for the sub-contractors’ work and services, under the same conditions as their own work and services; in particular, the conditions of Microsoft Azure.
The User is informed, on simple request, of the warrant and levels of services offered by their sub-contractors and partners, which are enforceable against them. In any case, should We liability be incurred due to their service providers, the ceiling of liability, as herein provided, shall also apply in this case.
We are authorized to transfer all or part of Our rights and obligations to any other entity without obtaining Your prior consent.
The parties are independent contractors, not agents, partners, or joint venturers. Neither party is authorized to bind the other to any liability or obligation.
Our tolerance of a breach of contract on Your part can not be considered as a waiver of Our right to invoke such a breach.
GTC are subject to French law.
Settlements of disputes
In the event of a dispute arising from or relating to this GTC, the Parties shall endeavor to settle the dispute amicably in good faith and through mutual discussion within thirty (30) calendar days following the notification by registered letter of the dispute by one Party to the other.
Mediation (in EU, for professional customers only)
Any and all disputes arising out of, relating to, or in connection with the validity, interpretation, performance, non-performance suspension, expiration or termination for any reason of this Contract shall be submitted to mediation under the CMAP (Centre for Mediation and Arbitration of Paris, Paris Chamber of Commerce and Industry – 39, avenue Franklin D. Roosevelt, 75008 Paris) Rules of Mediation which the parties hereby agree to apply.
Any dispute regarding the validity, interpretation, or execution of this contract shall, unless amicably resolved between Us and You, be under THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS OF PARIS.
GTC are subject to change. If You disapprove of the modifications, You have to terminate the present contract.