Preamble
The company Webyn, domiciled at 11 B RUE GRAMME 92270 BOIS-COLOMBES, France (hereinafter referred to as “Webyn”), designs and produces Software intended for companies wishing to automate the improvement of the online experience on their website by analyzing the behavior of their users and experimenting (AB Tests, Personalization) with recommendations for improvements (hereinafter the “Software”). Webyn offers the following services free of charge: the provision of the Software in SaaS (Software as a Service) mode. Software as a Service is a technology consisting of providing computer services or software through the Web “purchased” via a subscription system.
Object
Webyn authorizes access to the Software to the Client, to use it for commercial purposes. To this end, the Customer has access, via the website www.webyn.com, to the various elements necessary for the proper execution of the service. The purpose of these General Conditions of Sale and Use (hereinafter the “CGVU”) is, throughout their validity period, to define the contractual framework governing all Webyn Services used by the Customer.
Duration
These General Terms and Conditions come into force from the start of use of the Software until its end.
Using Webyn
Webyn undertakes to ensure the continuity of the Service, by making three services available, the proper functioning of which it guarantees:
- The back office accessible only via the internet at the address https://app.webyn.com.
- The generation of variants compared to the original pages thanks to the use of the Software in editing mode on the targeted website.
- The visualization by all visitors of the variants implemented by Webyn on the targeted website and their monitoring (in particular the feedback of information to the Client's analysis systems).
Intellectual Property
Software
Webyn declares that it holds all the intellectual property rights on the Software, as well as on the associated documentation and holds the rights necessary for their distribution to the Client and guarantees the Client in this respect. The right to use the Software, granted to the Client, does not entail any transfer of intellectual property for the benefit of the latter. Consequently, the Client refrains from any action or act that could directly or indirectly infringe Webyn's copyright on the Software or any of the other intellectual property prerogatives likely to be associated with the Software, such as those relating to industrial property.
Studies and documents
Webyn retains full ownership of the studies and documents produced by Webyn during the execution of the contract.
Responsibility
The parties expressly agree that Webyn is bound, for the execution of all services, by an obligation of means. It is agreed that the Client is responsible for the verification and proper functioning of his own website. Webyn draws the Client's attention to the fact that A/B testing is a complex technical subject, that the Webyn solution is powerful and that the Client is therefore likely to create variants that profoundly modify the ergonomics of its Site. Webyn therefore strongly encourages the Customer to regularly check the proper functioning of the site (in particular via the simulation tool made available) and to implement an effective quality assurance (QA) policy. Webyn cannot be held liable if:
- The Client has not himself complied with his obligations, as provided for herein and in the special conditions.
- In the event of error or negligence on the part of the Client, one of its employees, or a third party mandated by the Client. The liability of each party can only be incurred for the consequences of direct damage, to the exclusion of indirect damage.
Anomalies and their treatment
Definition of anomalies
An anomaly is defined as any malfunction of the Webyn service that significantly affects the automatic processing of data, the behavioral analysis of visitors or the generation of personalized user experiences. Anomalies can be classified as minor or major depending on their impact on the performance of the service.
Reporting anomalies
The Customer agrees to report any anomaly noted in writing via any means of support made available by Webyn (Chat, Email, Telephone, ...). The report must include a detailed description of the anomaly, the conditions in which it occurred, as well as any element allowing Webyn to reproduce the incident.
Deadline for handling
After receiving the report, Webyn undertakes to handle the anomaly according to the severity noted:
- Critical anomaly (interruption of the proper functioning of the customer's site): processing within 16 working hours.
- Major anomaly (the observed defect does not block the functioning of the site): processing within 5 working days.
- Minor anomaly (cosmetic or comfort defect): processing within 10 working days.
Webyn will inform the Client of the status of resolution and the follow-up of the actions implemented.
Disclaimer
Webyn cannot be held responsible for anomalies resulting from:
- Misuse of the service by the Client or its users.
- Unauthorized alteration or modification of the tool or technical hosting environment.
- Temporary interruptions of the service due to planned maintenance or force majeure.
Resolution of anomalies
Webyn will implement all necessary measures to correct anomalies as soon as possible. If a major anomaly persists for more than 10 working days after its declaration and substantially prevents the Client from using the service, the latter may, upon written request, benefit from a partial refund pro rata to the interruption period.
Personal data
Each party takes care of the formalities incumbent upon it under the regulations relating to the protection of personal data, in particular Law No. 78-17 of January 6, 1978 amended by the Law of August 7, 2004 relating to computing, files and freedoms (hereinafter Data Protection Act), and in particular with regard to cross-border flows outside the European Union.
Force majeure
Cases of force majeure suspend the obligations of the parties. Expressly, those usually considered by case law are considered to be cases of force majeure.
Reference
Webyn is expressly authorized to cite the Client and the work carried out under this contract as commercial reference in its communications with third parties. Webyn undertakes to cease this use upon simple written request from the Customer.
Completeness
These General Conditions of Sale and Use express the entirety of the obligations of the parties. No other technical, advertising or commercial document, no correspondence prior to the signing of the Contract may create any obligation for either party.
Disputes
The relations between the parties are subject to French law. In the event of a dispute between the parties relating to the formation, interpretation and/or execution of the contractual documentation binding the parties, express jurisdiction is attributed to the Paris Commercial Court, notwithstanding plurality of defendants or warranty claims, even for emergency procedures or precautionary procedures, in summary proceedings or on request.
Last updated on September 27, 2024