Article 1. Purpose
These General Terms and Conditions of Sale (GTC) govern the sale by KANAP (hereinafter "the Vendor"), an SARL (limited liability company) with a share capital of €1,000, registered with the RCS Saverne under number 939 098 190, whose registered office is located at 2, rue du Finhay, 67210 Obernai, France, of subscriptions to the online IT management platform "Kadratis".
Article 2. Acceptance of the GTC
Acceptance of these GTC is mandatory before any subscription and implies full acceptance by the Customer of these conditions.
Article 3. Description of the service
Kadratis is an online IT management platform designed for technology leaders and IT departments. The specific features are those described on the website at the time of subscription.
Article 4. Subscription and pricing
4.1. Access to the Service is offered under the subscription offers described on the pricing page. Rates are indicated in euros (EUR). The Vendor benefits from the VAT exemption of Article 293 B of the French General Tax Code (franchise en base de TVA): no VAT is charged, and invoices state "TVA non applicable, art. 293 B du CGI". Should the Vendor's VAT status change, VAT will apply to invoices issued after the date of that change.
4.2. Subscriptions include an unlimited number of users and workspaces. No per-user fee applies.
4.3. The rates applicable for subscriptions are displayed on the website at the time of subscription. Rates may be modified at any time, but such modifications will only apply to subscriptions entered into after the modification.
4.4. The customer will be informed in advance of any rate modification before the automatic renewal of their subscription.
4.5. Paying subscribers receive a 20% discount on consulting services. Consulting services and fixed-price service engagements are billed separately at rates displayed on the website.
Article 5. Payment terms
5.1. Payment is made by credit card via a secure payment platform (Stripe) or, for annual subscriptions only, by bank transfer on invoice. Direct debit is not offered.
5.2. For monthly subscriptions, the first payment is made upon subscription; subsequent payments each month on the anniversary date. Card payments are charged when the invoice is issued.
5.3. For annual subscriptions, the full annual amount is invoiced at the time of subscription, then at each renewal. It is charged to the card at once or, for payment by bank transfer, payable under 5.4.
5.4. Invoices paid by bank transfer (annual plans only) are payable within 30 days of the invoice date. In case of late payment, access to the Service may be suspended.
5.5. In case of payment refusal or failure, the Customer is notified and access may be suspended.
5.6. An invoice is issued for each payment and made available in the account area or sent by email.
5.7. Any amount unpaid on its due date bears, automatically and without prior notice, late-payment penalties at an annual rate equal to three times the French legal interest rate in force, from the day after the due date until full payment.
5.8. Any professional customer paying late also owes, by operation of law, a fixed recovery indemnity of €40 per invoice (Articles L441-10 and D441-5 of the French Commercial Code). The Vendor may claim additional compensation on supporting evidence when recovery costs exceed this amount.
5.9. No discount is granted for early payment.
Article 6. Subscription duration and renewal
6.1. Monthly subscription: entered into for one month, automatically renewable by tacit renewal. The Customer may cancel at any time from the account area, with 48h notice before renewal. Cancellation takes effect at the end of the current month.
6.2. Annual subscription: entered into for one year, automatically renewable by tacit renewal unless cancelled. The customer is notified by email 30 days before renewal. Cancellation requires 30 days' notice before the anniversary date. Annual subscription does not entitle to a refund in case of early cancellation.
6.3. Subscription changes: Customers may switch from monthly to annual billing at any time (prorated difference invoiced immediately, payable under Article 5) or from annual to monthly at the end of the current billing period. Customers may move between the hosted Service and a self-hosted deployment by contacting support. Data exports available in the application are free of charge. Assistance with such a move (installation, data transfer, configuration) is a service quoted and billed separately.
Article 7. Right of withdrawal
The Services are offered exclusively to professionals acting for the purposes of their business. No right of withdrawal applies.
Article 8. Warranty and liability
8.1. The Vendor undertakes to provide a Service in accordance with its description.
8.2. The Vendor cannot be held liable for interruptions or malfunctions, the accuracy of data entered by the customer, or indirect or consequential damages.
8.3. The Vendor's liability is limited to the amount of the subscription paid by the Customer over the preceding 12 months.
Article 9. Intellectual property
9.1. The Kadratis software is published by the Vendor under the GNU Affero General Public License version 3 (AGPL-3.0). The Customer's rights over its source code are those granted by that licence.
9.2. The subscription grants the Customer the right to use the hosted Service for its duration. It transfers no intellectual property right.
9.3. The Kadratis and KANAP names and their logos belong to the Vendor. The subscription grants no right over them.
9.4. The data entered by the Customer remains its property.
Article 10. Personal data
Personal data is processed in accordance with the Vendor's privacy policy.
Article 11. Disputes and applicable law
11.1. These GTC are governed by French law. All disputes shall be subject to the exclusive jurisdiction of the French courts.
11.2. In the event of a dispute, the parties agree to seek an amicable resolution before initiating any legal proceedings.
For any questions, please contact [email protected].