Terms and conditions

1. Purpose

These terms set out the conditions for the sale and use of the WebAcappella Tempo service, which allows you to create, publish and host a website, and to use the modules and options associated with it.

Any order placed on the platform implies prior and unreserved acceptance of these terms.

The annex on the processing of personal data forms an integral part of these terms.

The purchase of a WebAcappella Fusion software license falls outside the scope of these terms.

2. Definitions

• "Customer": the individual or legal entity who takes out a subscription.
• "Account": the personal area accessible after authentication.
• "Site": the website created by the Customer using the service.
• "Subscription": the right to use the service for the number of Sites provided by the plan taken out, for a fixed and renewable term.
• "Option": a recurring service added to a Subscription.
• "AI credits": the unit used to measure the operations performed by the AI assistant and by automatic translation.

3. The service

The service includes an online site editor, hosting and delivery of the published Site, an AI assistant for writing and a blog, as well as an online store for the plans that include one.

A Subscription grants the right to the number of Sites indicated by the plan taken out. This number may be increased through an Option.

The features and limits of each plan, in particular the number of Sites and the number of Sites that can be published, the publication of an online store, the number of pages and languages per Site, the storage volume and the monthly AI credits, are those shown on the subscriptions page and on its limits page at the time of the order.

The Publisher may change the service and its features. Any change that would substantially reduce the features subscribed to will be notified to the Customer, who may then terminate at no cost.

4. Orders and formation of the contract

Orders are placed online. Before confirming an order, the Customer can review its details and total price and correct any errors.

Confirming the order creates an obligation to pay. The contract is formed when the first payment is collected.

A confirmation email summarizing the order is sent to the Customer. Invoices are available at any time from the Account.

5. Prices and payment

The prices shown are all-inclusive. The amount displayed is the amount charged, including all applicable taxes for consumer customers.

Business customers registered for VAT in another member state may enter their intra-EU VAT number, in which case the tax is handled under the applicable regime.

Payment is made by credit card through our payment provider. No complete bank details are stored by the Publisher.

The annual subscription is billed in a single payment for twelve months of use, at the annual rate displayed.

If a payment fails, the Publisher will inform the Customer and may suspend the service after a reasonable period without payment being brought up to date.

6. Right of withdrawal

Every Customer, whether a consumer or a business, has a 14-day cooling-off period from the date of the order in which to withdraw, without having to give reasons and without any conditions. The service starts immediately and this immediate start does not cause the loss of any right.

To exercise this right, the Customer sends an unambiguous request to the Publisher's contact address. The refund is in full and is made within fourteen days of receipt of the request.

7. Term, renewal and termination

The subscription is taken out for the period chosen and renews automatically at the end of that period, for an identical period, unless terminated.

The Customer may terminate at any time from the Account. Termination takes effect at the end of the current period, and amounts already paid for that period remain due.

The Publisher may terminate in the event of a serious breach by the Customer, in particular in the event of manifestly unlawful content, after a formal notice has remained without effect, except in cases of urgency.

The Customer is notified before each renewal, in accordance with the regulations applicable to consumers.

8. Customer obligations

The Customer is solely responsible for the content published and for the processing carried out through the Site, in particular forms, orders and bookings.

The Customer undertakes not to publish unlawful content, to hold the rights to the content distributed, and to comply with the regulations applicable to their business.

The Customer is responsible for keeping their login credentials confidential and for any action carried out from the Account.

The Customer shall not use the service in a way that would compromise its availability for other users.

Anyone may report content they consider unlawful to the Publisher, using the reporting form available on the Publisher's website. Every report is reviewed by a person, with no automated processing.

The Publisher may suspend the Account, which stops delivery of the Site and places the Account in read-only mode: without notice where content distributed through the service is manifestly unlawful, and after a formal notice has remained without effect in other cases of breach of this article, except in cases of urgency. The Publisher informs the Customer by email, stating the reasons for the decision and the means of challenging it. The Customer may reply to obtain a review by a person.

9. Availability and maintenance

The Publisher uses reasonable efforts to ensure the availability of the service, without guaranteeing uninterrupted operation.

Interruptions may occur for maintenance. Scheduled work likely to affect the delivery of Sites is announced in advance where possible.

The Publisher is not liable for unavailability attributable to the internet network, to a third-party provider of the Customer, or to an event of force majeure.

10. Your data and your freedom to leave

For the term of the Subscription, the Customer may export the Site from the Account, as a static version that can be published elsewhere.

The Publisher performs regular backups as part of operating the service. These backups do not relieve the Customer of the need to keep their own copies.

At the end of the contract, the Site is no longer delivered and the Account becomes read-only. Export is no longer available, so a Customer who wishes to keep a copy of their Site should export it before the end of the term.

The Account and the Site are kept as they are for six months from the end of the term, and are fully reopened if the Customer subscribes again. After that period without a new subscription, they are permanently deleted. The Customer is notified by email one month after the end of the term, then fifteen days before deletion.

11. Liability

The Publisher has an obligation to use reasonable efforts (obligation de moyens) in providing the service.

With respect to business customers, the Publisher's liability is limited to direct damages and capped at the amounts paid for the subscription concerned during the twelve months preceding the triggering event.

Nothing in these terms limits the Publisher's liability in cases where the law prohibits it, in particular in the event of gross negligence or willful misconduct and with respect to consumers.

12. AI assistant

The AI assistant produces content suggestions based on the Customer's instructions. These suggestions may contain errors or inaccuracies, so the Customer reviews and approves them before publication.

Use of the AI assistant is counted in AI credits, within the monthly limit of the tier subscribed to. A usage rate limit is also applied in order to preserve the availability of the service for all customers.

The Customer remains responsible for the content they publish, including content suggested by the AI assistant.

13. Changes to the terms

The Publisher may amend these terms. The Customer is informed of substantial changes before they take effect.

If the Customer does not accept the new terms, they may terminate their subscription at no cost before the changes take effect.

The version of the terms applicable to an order is the version accepted by the Customer at the time of that order. It is retained and may be provided to the Customer on request.

14. Governing law and disputes

These terms are governed by French law.

In the event of a dispute, the Customer first contacts the Publisher's customer service, at the contact address given in the Legal notice, in order to seek an amicable solution.

Failing an amicable resolution, the dispute is brought before the competent courts.