SPOOQS, a French corporation with its registered office located at 31 rue Gustave Eiffel, 38000 Grenoble, France (hereinafter “Spooqs”)
E-mail : email@example.com
Last update June 4th 2021
“Agreement” means these Terms and Conditions and the eventual License, which constitutes the entire agreement between the Customer and Spooqs with regard to the Software and the Services provided by Spooqs.
“Order” means the request for the Software License purchase by the Customer.
“Conditions” means the these general terms and conditions.
“Content” means all information, data, text, software, sounds or any other elements that may be generated by the Customer when using the Software.
“Customer” means the individual purchasing the Software License or the company, or other legal entity on behalf of which such individual purchases the Software License, as applicable.
“License” means the non-exclusive, non-sublicensable right granted to the Customer to use the Software subject to the License terms and conditions.
“Option” means the License option available on the Spooqs website allowing the Customer to choose a type of License suited to his needs and activity.
“Software“ means the software owned by Spooqs and subject to the these Terms and Conditions.
“Service” means any services provided by Spooqs and sold on the Website.
“Website” means the website https://spooqs.com/
“Personal Data” means any information relating to an identified or identifiable person, directly or indirectly, in particular by reference to an identifier such as an identification number, location data, an online identifier or one or more particular elements specific to that person.
The following Terms and Conditions will be considered as the basis of the commercial relationship between the Parties, pursuant to Article L441-6 of the French Commercial Code.
These Terms and Conditions define the conditions applicable to any request by a Customer for the purchase of the Software License and Services made available by Spooqs through the Website.
By placing an Order, the Customer agrees to be bound by these Terms and Conditions and any supplemental License terms accompanying the Software.
The description of the Software and Services in Spooqs catalogues, leaflets or online are meant for information purpose only.
Subject to the conditions of the right of withdrawal, the Customer can download the Software through the Website or the download link provided in the confirmation email sent after the purchase of the Software’s License.
Spooqs makes the Software available to the Customer for the duration agreed between the Parties and as indicated in the Order and in the License terms and conditions.
The Customer is solely responsible for the use and installation of the Software in his system.
Spooqs reserves the right to suspend access to the Software in case of non-payment or non-compliance with any of the clauses contained in the Agreement.
The prices for the License depend on the Option chosen by the Customer and are listed on the Website.
All prices are exclusive of any and all applicable taxes, including Value Added Tax (VAT). Payments are made in Euro by credit card or PayPal.
Spooqs is entitled to adjust its prices at any time. However, the License or Services will be paid at the price in effect at the time of the Order.
The corresponding payments must be made by the due date indicated in the Order. Every late payment will result in the application of a late fee equal to 1.5 times the legal interest rate, with an absolute minimum charge of EUR 40.
For each Option, Spooqs provides support and Software updates to the Customer, and the terms for such updates and support are provided in the License terms and conditions.
Upon placement of the Order, Spooqs grants the Customer with the option to waive his right of withdrawal. In this case and if the Customer waives his right of withdrawal, the Software License will be delivered immediately upon the payment of the Order, and no refund will be possible.
However, if the Customer does not waive his right of withdrawal, the Customer will have a period of fifteen (15) days to cancel the Order (the “cooling-off period”) and to ask for a refund. Beyond that period, and if the Customer did not cancel the Order, Spooqs will deliver the Software License to the Customer.
To exercise his right of withdrawal right, the Customer must reports his decision within the cooling-off period, using the standard withdrawal form available through the e-mail sent by Spooqs upon the receipt of the Order.
All proprietary rights relating to the Software or the Spooqs Website belong exclusively to Spooqs.
Spooqs retains full ownership over the Software. Only the License to use the Software is delivered to the Customer against payment of the price indicated at the time of the Order.
8.1 Personal data
Spooqs will access Personal Data from the Customer for data processing purposes related to the Order. This information is necessary to process the Customer’s Order. Spooqs will not use Personal Data for any other purpose than this Agreement.
Consequently, Spooqs undertakes to process such Personal Data in compliance with these regulations, and in this regard it undertakes:
In accordance with the General Data Protection Regulation (GDPR), the Customer has the right to access, rectify and oppose data concerning him. This right may be exercised by sending an e-mail to firstname.lastname@example.org.
8.2 Data use
Personal Data may be freely used by Spooqs for statistical, analytical and machine learning purposes.
8.3 Data destruction
Upon termination of the License, Spooqs will destroy all copies of the Personal Data transmitted it in connection with the execution of the Agreement.
These Terms and Conditions will be governed by French law. Disputes between Spooqs and the Customer may only be settled by the courts of the judicial district of Grenoble, France.
These Terms and Conditions may evolve over time. Spooqs remains free to implement any modification of these Terms and Conditions as long as it informs the Customer beforehand by any means.