Terms and Conditions of Sale and Use

Article 1 - Definitions and purpose

These General Terms and Conditions of Sale and Use (hereinafter "GTC/GTCU") govern the contractual relationship between:

• Publisher: SARL VivaWeb, SIRET 90083182700010, publisher of the Planning Copilot service
• The User: any natural or legal person subscribing to the service
• The Service: the SaaS Planning Copilot platform accessible at planning-copilot.app

Registration and use of the Service imply full and complete acceptance of these GTC/GTCU.

Article 2 - Description of the service

Planning Copilot is a collaborative planning software accessible online (Software as a Service - SaaS) that enables:

• Creating and managing shared, personal, and public calendars
• Team and user management with access control
• Creating one-off or recurring events with automatic reminders
• Data import and export (CSV, iCalendar, Google Calendar)
• Access to a dashboard and statistics
• A multilingual interface (French, English, German)

Article 3 - Offers and prices

Planning Copilot offers the following subscription plans:

Prices are quoted in euros, inclusive of all taxes (VAT included). The applicable VAT rate is that in force at the time of invoicing.

The Publisher reserves the right to modify its rates. Any modification will be notified by email at least 30 days before it takes effect and will apply to the next renewal.

Article 4 - Registration and user account

Access to the Service requires the creation of an account. The User undertakes to:

• Provide accurate, complete and up-to-date information
• Be of legal age or have the authorisation of a legal representative
• Keep your login details confidential
• Notify the Publisher immediately of any unauthorised use of your account.
• Do not create multiple accounts for the same person.

The User is solely responsible for the use of their account and any activity carried out from it.

Article 5 - Subscription and payment

5.1 Subscription

Subscription to a paid membership is done online. The User chooses their plan, enters their payment details and confirms their order. A confirmation email is sent after payment has been validated.

5.2 Payment

Payments are made by credit card (Visa, Mastercard) via the secure Stripe platform. Subscriptions are billed monthly, on the anniversary date of the subscription.

5.3 Automatic renewal

Subscriptions are automatically renewed each month. Users may deactivate automatic renewal at any time from their customer account.

5.4 Payment failure

In the event of a failed payment, the Publisher will make up to 3 attempts over a period of 7 days. If payment is not successful within this period, access to the Service will be suspended. The data will be retained for an additional 30 days.

5.5 Invoicing

A compliant PDF invoice is generated and available in the customer area after each payment.

Article 6 - Duration, termination and refunds

6.1 Duration

The subscription is concluded for an indefinite period with monthly billing.

6.2 Termination by the User

The User may cancel their subscription at any time from their customer account. The cancellation takes effect at the end of the current billing period. Access to the Service remains available until that date.

6.3 Termination by the Publisher

The Publisher may suspend or terminate an account in the event of:

• Breach of these Terms and Conditions
• Fraudulent or abusive use of the Service
• Non-payment after reminders
• Behaviour that harms other users or the Service

6.4 Refunds

No pro rata refunds will be made in the event of termination during the term. In the event of a major malfunction of the Service attributable to the Publisher, a credit note may be granted on a case-by-case basis.

Article 7 - Right of withdrawal

In accordance with Article L221-28 13° of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a physical medium, the performance of which has begun with the consumer's prior express agreement.

By subscribing to a paid subscription, the User acknowledges that they have been informed and expressly accepts that the Service will commence immediately, thereby waiving their right of withdrawal.

Article 8 - Acceptable Use

The User undertakes to use the Service in accordance with applicable laws and these T&Cs. In particular, the User shall refrain from:

• Using the Service for illegal or fraudulent purposes
• Storing or disseminating content that is illegal, defamatory or infringes on the rights of third parties
• Attempting to compromise the security of the Service or access other users' data
• Abusing automated systems (bots, scripts)
• Reselling or redistributing access to the Service without authorisation
• Intentionally overloading the Service's infrastructure

Article 9 - Availability and service level

9.1 Availability

The Publisher endeavours to ensure 99.5% availability of the Service on a monthly basis, excluding scheduled maintenance.

9.2 Maintenance

Maintenance operations may result in temporary unavailability. Scheduled maintenance is announced at least 48 hours in advance by email or notification in the application.

9.3 Support

Support is accessible via the ticket system integrated into the application. The Publisher undertakes to respond within 48 working hours.

Article 10 - Data and ownership

10.1 Ownership of data

The User remains the owner of all data entered into the Service (events, calendars, team information, files).

10.2 Licence to use

The User grants the Publisher a limited licence to store, process and display their data for the sole purpose of providing the Service.

10.3 Export and portability

The User may export their data at any time using the export features (CSV, iCalendar).

10.4 Deletion of data

In the event of termination, data will be retained for 30 days and then permanently deleted. The User may request immediate deletion via their customer account or by email.

Article 11 - Protection of personal data

The Publisher processes personal data in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act.

Details of the processing are described in our Privacy Policy and on our Personal Data Management page.

11.1 Subcontractors

The Service uses the following subcontractors for its operations:

• OVH (France): data hosting
• Stripe (EU): payment processing

Article 12 - Limitation of Liability

The Publisher shall not be held liable for:

• Indirect damage (loss of revenue, loss of data, commercial damage)
• Data loss due to causes external to the Service
• Service interruptions due to third parties, force majeure or maintenance
• The User's use of the Service
• Content created or stored by Users

In any event, the Publisher's total liability shall be limited to the amount paid by the User over the previous 12 months.

Article 13 - Intellectual property

The Copilot Planning Service, its interface, source code, features, documentation and brand are the exclusive property of the Publisher and are protected by intellectual property laws.

The User shall only have a personal, non-exclusive and non-transferable right to use the Service within the scope of their subscription.

Article 14 - Modification of the GTC/GTCU

The Publisher reserves the right to modify these Terms and Conditions. Any substantial modification will be notified by email at least 30 days before it comes into effect. Continued use of the Service after this date constitutes acceptance of the new terms and conditions. In the event of disagreement, the User may terminate their subscription free of charge before the modifications come into effect.

Article 15 - Applicable law and disputes

15.1 Applicable law

These GTC/GTCU are subject to French law.

15.2 Mediation

In accordance with Articles L611-1 et seq. of the Consumer Code, in the event of a dispute, the consumer may seek the assistance of a consumer ombudsman free of charge. The Publisher is a member of the MEDICYS mediation service.

15.3 Competent jurisdiction

In the absence of an amicable resolution or mediation, the French courts shall have sole jurisdiction. For professionals, the Commercial Court of Castres shall have exclusive jurisdiction.

Article 16 - Miscellaneous provisions

If any provision of these Terms and Conditions is declared invalid, the remaining provisions shall remain in force.

The fact that the Publisher does not exercise a right provided for in these GTC/GTCU does not constitute a waiver of that right.

Article 17 - Contact