General terms and conditions of use

General terms and conditions of use of the Site www.ipaidthat.io

 

Date of entry into force: 12/03/2020

 

1.Subject

IPT Technologie (hereinafter: "iPaidThat") offers an accounting automation service for its users, as accounting firms that offer iPaidThat's services to their own clients, companies or software publishers (hereinafter: "Users") as part of their accounting management.

The services are provided through the website www.ipaidthat.io (hereinafter together: the "Platform") and include in particular :

(hereinafter: the "Services")

Invoices and business expenses are hereinafter collectively referred to as the "Documents".

The purpose of these general terms and conditions is to define the terms and conditions of use of the Services as well as to define the rights and obligations of the parties within this framework.

They are accessible and printable at any time via a direct link at the bottom of the Platform page.

They may be supplemented if necessary, by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction, prevail over the latter.

 

2. Platform and Services Operator, contact

The Platform and Services are operated by IPT Technologie, SAS with a share capital of 1,187.07 euros, registered in RCS of Rennes under no. 829 997 451, whose registered office is located avenue d'Alphasis - Espace Performance, 35760 Saint-Grégoire.

iPaidThat may be contacted via the Site's chat area, it being understood that the area may, at iPaidThat's discretion, be reserved for certain Users only, depending on the Subscription subscribed to, or at the following contact details, in particular for any complaints :

Address: ESPACE PERFORMANCE- BAT H2, AV D ALPHASIS, 35760 SAINT GREGOIRE France

Telephone: 01 86 65 19 43

E-mail address: support@ipaidthat.io

 

3. Access to the Platform and Services

3.1 Legal Capacity

The Platform and Services are accessible:

 

3.2 The Platform and Services reserved for professionals

The Platform and Services are intended exclusively for professionals, understood as all natural or legal persons exercising a remunerated activity on a non-occasional basis in all sectors of industry and commerce.

 

4. Acceptance of the general terms and conditions

Acceptance of these general terms and conditions is indicated by a tick box in the registration form. This acceptance can only be full and complete. Any conditional membership is considered null and void. Users who do not agree to be bound by these general terms and conditions must not access the Platform or use the Services.

 

5. Acceptance of the general terms and conditions

To use the Services, the User must :

In all cases, the User must provide iPaidThat with all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically results in the opening of an account in the User's name (hereinafter: the "Account"), giving the User access to a personal space (hereinafter: the "Personal Space") that allows the User to manage its use of the Services in a form and according to the technical means that iPaidThat considers the most appropriate for providing said Services.

The User may access his/her or her Personal Space at any time after having identified himself/herself using his/her or her login name and password.

Some Users have the possibility, as Account Administrator (hereinafter: the "Administrator"), to create several accesses on their Personal Space

If necessary, the Administrator shall communicate to iPaidThat, by any useful written means, the name and email address of the Users for whom access is created. The said Users will then receive an invitation from iPaidThat by email or a tracked link sent by the Administrator by any useful means and must activate their access by filling in the information indicated as mandatory.

The Administrator is solely responsible for the creation of these accesses and the Users to whom he assigns them. He shall refrain from using the ability to create an access in order to give access to the Platform, directly or indirectly, to a third party competitor of iPaidThat.

The User undertakes to use the Services personally and not to allow any third party to use them in his/her place or on his/her behalf, unless he takes full responsibility for them.

Login information is strictly personal and confidential. The User undertakes to preserve the security and ensure the confidentiality of the identifier and password of his/her Personal Space. In addition, the User is responsible for the security of the individual posts allowing access to the Platform.

Any access to the Platform made using the User's identifiers will be considered to be made by the User. The User must inform iPaidThat without delay at the contact details indicated in Article 2 hereof if he/she notices or is informed that his/her Account or one of the accesses created has been used without his/her knowledge or without the knowledge of the User benefiting from access. The User acknowledges iPaidThat's right to take all appropriate measures in such cases.

In the event of a security flaw due to the User's failure to comply with this article, the User shall be solely responsible and iPaidThat shall under no circumstances be held liable.

The User guarantees that all the information he/she gives in the registration form or that he/ she provides via the third-party sites referred to above is accurate, up to date and sincere and is not misleading in any way.

It undertakes to update this information in its Personal Space in the event of modification, so that it always corresponds to the above-mentioned criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating his/her Account and/or Personal Space is proof of his/her identity. The information entered by the User commits him/her as soon as it is validated.

 

6. Description of Services

Depending on his/her subscription, the User has access to a certain number of Services defined on the Platform, in a form and according to the functionalities and technical means that iPaidThat deems most appropriate, and in particular :

 

6.1 Automatic Invoice Collection

iPaidThat offers to automatically collect Invoices from (i) Users' emails and/or (ii) their customer spaces on supplier sites. iPaidThat then extracts key information from the Invoices, which ensures daily cash flow monitoring.

 

6.2 Storage

iPaidThat offers storage spaces allowing the User to store any type of document.

 

6.3 Bank Reconciliation

The User can connect his/her Personal Space with his/her bank account(s) to retrieve bank statements and then compare the Invoices with bank transactions, it being understood that the number of banks from which iPaidThat can retrieve statements depends on the Subscription subscribed to. This service allows the comparison of Invoices and expense reports collected on the Platform with the User's banking transactions. iPaidThat therefore detects missing documents and monitors cash flow.

iPaidThat retrieves said bank statements:

 

6.4 Management of Business Expenses

iPaidThat offers a service for scanning the User's business expenses so that they can be added to the User's Personal Space. iPaidThat then automatically extracts and enters information about the amounts and dates of the expense reports.

 

6.5 Invoice Editing

iPaidThat offers Invoice editing and related services, including real-time payment tracking and automatic reminders of overdue payments.

 

6.6 Slack integration

La Plateforme s’intègre avec l’application Slack, ce qui permet à l’Utilisateur d’ajouter avec simplicité les documents sur la Plateforme.

 

6.7 Other Services

iPaidThat reserves the right to offer any other Service that it considers useful, in the form and according to the functionalities and technical means that it deems most appropriate to provide said Services.

 

7. Duration of Services, unsubscribe

The Services are subscribed to in the form of a monthly or annual subscription (hereinafter: the "Subscription").

The Subscription begins on the day of its subscription for the term subscribed by the User (monthly or annual) (hereinafter: the "Initial Period"), from date to date.

It is then tacitly renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, together with the Initial Period, as the "Periods"), from date to date, unless terminated at any time by iPaidThat or by the User.

Any Subscription Period started is due in full.

The termination of the Subscription by the User is made through his/her Personal Space.

The termination of the Subscription by iPaidThat is done by sending an email to the User. iPaidThat also reserves the right to close and delete any Account that remains inactive for a continuous period of 6 (six) months.

In the case of unsubscription, the User's Documents are kept by iPaidThat for a period of 3 (years) from the User's unsubscription, without prejudice to the provisions set out in the article "User Obligations".

 

8. Financial conditions

8.1 Price

The Services are free of charge for any User whose company or accounting firm has directly subscribed to a Subscription with iPaidThat or who uses the services of a third party software publisher that has itself subscribed to the Services.

For other Users, before subscribing to a Subscription, they may benefit from a 2 (two) week free trial period allowing them to access certain Services offered by iPaidThat (hereinafter: the "Trial Period"). Such Users are free to subscribe to a Subscription during the Trial Period.

The Services are subscribed to in the form of a monthly or annual Subscription, the price of which is indicated on the Platform, in Euros and excluding taxes.

The User acknowledges and accepts that the amount indicated on the Platform and corresponding to the Subscription taken out is provided for information purposes only, and will be revalued at the end of the Period (monthly or yearly), depending on the actual use of the Platform by the User, and in particular the number of invoices collected (hereinafter: the "Price").

iPaidThat reserves the right, at its own discretion and on terms and conditions of its sole judge, to propose promotional offers or price reductions.

 

8.2 Price Review

Subscription prices may be subject to revision by iPaidThat at any time at its discretion.

The User will be informed of these changes by iPaidThat by any useful written means (and in particular by email) at least 2 (two) weeks before the entry into force of the new rates.

Once in place, the new prices apply upon renewal of the Subscription.

Users who do not accept the new prices must terminate their Subscription in accordance with the terms and conditions set out in the article "Duration of the Services, unsubscription". Failing this, he will be deemed to have accepted the new prices.

 

8.3 Invoicing

The Services are the subject of invoices at the beginning of each Period which are communicated to the User by any useful means. If the use of the Services by the User exceeds what the Subscription allows, iPaidThat will issue an additional invoice at the end of the Period on the basis of the detailed invoicing as described on the Site.

 

8.4 Terms of payment

Payment of the Price is made:

The price of the Subscription is due and its withdrawal is made:

The User guarantees to iPaidThat that he/she has the necessary authorization to use the chosen method of payment. He/she undertakes to take the necessary steps to ensure that the Subscription price can be debited automatically.

 

8.5 Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically lead, without prejudice to the provisions of the articles "Breaching sanctions" and "duration of the Services, unsubscription" and from the first presentation of a formal notice by registered letter AR :

(i) the forfeiture of the term of all sums owed by the User and their immediate due date;

(ii) the immediate suspension of the Services in progress until full payment in full of the sums owed by the User;

(iii) invoicing to iPaidThat :

 

9. Convention of Evidence

The User acknowledges and expressly accepts :

The User can access this data in his/her Personal Space.

 

10. Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.

10.1 The User undertakes, in his/her use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

10.2 The User acknowledges having read the characteristics and constraints, in particular the technical constraints, of all the Services on the Platform. He/she is solely responsible for his/her use of the Services.

10.3 The User undertakes to make strictly personal use of the Services. Consequently, he/she shall refrain from assigning, conceding or transferring all or part of his/her rights or obligations hereunder to a third party in any manner whatsoever.

10.4 The User undertakes to provide iPaidThat with all information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with iPaidThat for the proper execution of these Terms and Conditions.

He/she undertakes to ensure that the said content added to the Platform is lawful, does not violate public order, good morals or the rights of third parties, does not infringe any legal or regulatory provisions and, more generally, is not liable in any way to bring into question the civil or criminal liability of iPaidThat.

The User thus refrains from diffusing, in particular and without this list being exhaustive:

10.5 The User acknowledges that the Services offer him/her an additional, non-alternative solution for the automated management of his/her accounts and that this solution is not a substitute for the other means that the User may otherwise have at his/her disposal to achieve the same objective.

10.6 The User is informed and accepts that the implementation of the Services requires the User to be connected to the Internet and that the quality of the Services depends directly on this connection, for which the User is solely responsible.

 

11. User Warranty

User guarantees iPaidThat against any and all complaints, claims, actions and/or demands that iPaidThat may suffer as a result of User's breach of any of its obligations or warranties under these terms and conditions.

The User agrees to indemnify iPaidThat for any damage it may suffer and to pay all costs, charges and/or sentences it may incur as a result.

 

12. Prohibited behaviours

12.1 It is strictly forbidden to use the Services for the following purposes:

12.2 It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the iPaidThat Platform.

12.3 The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into iPaidThat's systems, with the exception of those carried out at iPaidThat's request to test the Site (iii) any diversion of the Platform's system resources, (iv) any action that imposes a disproportionate burden on its infrastructure, (v) any breach of security and authentication measures, (vi) any action that may affect the financial, commercial or moral rights and interests of iPaidThat or users of its Platform, and more generally (vii) any breach of these terms and conditions.

12.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Platform, as well as to the information hosted and/or shared therein.

 

13. Penalties for non-compliance

In the case of a breach of any of the provisions of these terms and conditions or more generally, a breach of the laws and regulations in force by a User, iPaidThat reserves the right to take any appropriate action and in particular to :

 

14. Limitation of iPaidThat's Liability

14.1 iPaidThat undertakes to provide the Services diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

14.2 iPaidThat has no knowledge of the data and information contained in the Documents, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it acts solely as a hosting provider.

Consequently, iPaidThat cannot be held responsible for these Documents, the authors of which are third parties, and any possible claim should be directed in the first instance to the author of the Documents in question.

Documents prejudicial to a third party may be notified to iPaidThat in accordance with the procedures set out in Article 6 I 5 of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy. iPaidThat reserves the right to take the measures described in the article "Breaching sanctions".

14.3 The User acknowledges and agrees that iPaidThat does not act as an advisor or accountant and that the Services do not constitute financial advice. The User is solely responsible for complying with its accounting and tax obligations, including its obligations to keep accounting and tax data, and more generally the obligations imposed by French and European regulations.

14.4 The User acknowledges that the Services offer him/her an additional, non-alternative solution for managing his/her accounts and that this solution cannot replace the other means that the User may otherwise have at his/her disposal to achieve the same objective.

14.5 iPaidThat undertakes to carry out regular checks to verify the operation and accessibility of the Platform. In this respect, iPaidThat reserves the right to temporarily interrupt access to the Platform for maintenance reasons. iPaidThat shall not be held liable for temporary difficulties or impossibilities in accessing the Platform due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

14.6 iPaidThat does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or faults, (ii) that the Services, which are standard and not intended solely for a given User according to his/her own personal constraints, will specifically meet his/her needs and expectations.

14.7 The Services may only be provided for :

iPaidThat cannot guarantee the exact extraction of data and information from Invoices and/or expense reports sent in systems and/or formats other than those mentioned above.

14.8 iPaidThat does not guarantee the accuracy of the marking or entry of the data and information contained in the Documents. The User acknowledges and agrees that Documents containing illegible data may not be processed correctly.

14.9 iPaidThat does not guarantee that notes or other handwritten information appearing on the Documents will be scanned and/or uploaded to the Personal Space.

14.10 In connection with the use of the Bank Reconciliation Service, iPaidThat shall not be liable in the event of corruption, unauthorised disclosure, modification, loss or deletion of data and information extracted from the Documents by the banking institution.

14.11 Once the User has unsubscribed, no Documents may be scanned or downloaded.

In addition, iPaidThat is not responsible for the preservation of Documents and related data once the User has unsubscribed from the Platform.

The liability that may be incurred by iPaidThat hereunder is expressly limited to only direct proven damages suffered by the User. For Professional Users only, it may not in any event exceed the total amount of the price paid by the User over the last 12 (twelve) months.

 

15. Data ownership

All the data appearing in the User's Invoices and expense reports added in the Personal Space remain the property of the User benefiting from the said Personal Space.

For Users whose accounting firm or company has subscribed directly with iPaidThat, the said accounting firm or company will be able to access the User's data and use it within the framework of the Services. However, under no circumstances are they the owners of such data.

 

16. Intellectual Property

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) operated by iPaidThat within the Platform are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of iPaidThat are strictly prohibited and may be subject to legal proceedings.

 

17. Obligations relating to personal data

iPaidThat has a personal data protection policy, the characteristics of which are set out in the document entitled "Personal Data Protection Charter", which the User who has subscribed to a Subscription is expressly invited to read.

    General provisions

iPaidThat and the User who has taken out the subscription each undertake, each as far as they are concerned, to comply with the regulations applicable to personal data and in particular the general regulations on data protection (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).

The User who has subscribed to the subscription is the data controller and is required to fulfil the obligations incumbent upon him/her under the aforementioned Regulation, in particular as regards the obligation to inform Users linked to his/her Administrator Account, or any other third party concerned by the processing operations, of the data collection, the keeping of the register of processing operations implemented, and more generally, compliance with the principles resulting from the Regulation.

In addition, it is the responsibility of the User having subscribed to the Subscription to inform Users attached to his/her Administrator Account, or any other third party concerned by the processing operations, that iPaidThat will be able to access their e-mail and/or bank statements for the purposes of automatic invoice collection as well as automatic bank reconciliation carried out via the solution of the company Bankin' governed by its general terms and conditions of use, of which the User is invited to take note by clicking on the following link: https://bridgeapi.io/cgu/index.html.

The data provided by the User to iPaidThat for the purpose of performing the Services shall remain the sole property and under the sole responsibility of the User.

For its part, iPaidThat acts exclusively as a processor of personal data.

   iPaidThat's obligations towards the User having subscribed to the Subscription

iPaidThat undertakes to process personal data only for the purpose of performing the Services and in accordance with the documented instructions of the Subscribing User, including with regard to the transfer of data outside the European Union. iPaidThat shall inform the Subscribing User if, in its opinion, an instruction constitutes a violation of the applicable regulations.

iPaidThat undertakes to implement the appropriate technical and organisational measures to ensure the security and integrity of personal data, their backup and the recovery of their availability in the event of a physical or technical incident. iPaidThat also ensures that persons authorised to process personal data are subject to the obligation to maintain their confidentiality.

 

iPaidThat is authorized to use the following entities (hereinafter referred to as "subcontractors"):

In the case of recruitment of further processors, the processor must obtain the prior and specific written authorisation of the data controller.

In this case, it shall inform the User having taken out the Subscription in advance and in writing of any planned changes concerning the addition or replacement of subsequent subcontractors. This information must clearly indicate the processing activities subcontracted, the identity and contact details of the subsequent subcontractor and the dates of the subcontracting contract. The User who has taken out the Subscription has a period of 7 (seven) days from the date of receipt of this information to present his/her objections. This subcontracting can only be carried out if the User who has taken out the Subscription has not objected within the agreed period.

The subsequent subcontractor is required to respect the obligations of iPaidThat on behalf of and in accordance with the instructions of the User who has taken out the Subscription. It is iPaidThat's responsibility to ensure that the sub-contractor provides the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures to ensure that the processing meets the requirements of the GDR. If the sub-processor does not fulfil its data protection obligations, iPaidThat remains fully liable to the Subscribing User for the performance by the other sub-processor of its obligations.

 

iPaidThat undertakes to respond to any request for information sent to it by the User having subscribed to the Subscription, whether in the context of a request to exercise their rights by the persons concerned, an impact analysis, or a request made by the data protection authorities or data protection officers of the User having subscribed to the Subscription.

iPaidThat undertakes to notify the User who has subscribed to the Subscription of any violation of personal data within a maximum of 72 hours after becoming aware of it. In the event that the Subscribing User himself/herself has to notify the competent control authority of such a violation, iPaidThat undertakes to provide it with all relevant documentation.

iPaidThat undertakes to delete personal data at the end of the contract and, in the case of billing data and bank statements, at the latest for ten years in interim archiving if the User who has taken out the Subscription so requests.

iPaidThat undertakes, whatever the cause, not to keep a copy.

iPaidThat keeps a written record of the processing carried out on behalf of Users who have subscribed to the Subscription. iPaidThat shall make available to the Subscribing User, at the latter's request, all the information necessary to demonstrate compliance with its obligations.

 

18. Confidentiality

Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party which it may receive which are expressly identified by the other party as being confidential. With regard to iPaidThat, the parties expressly agree that this confidentiality obligation covers the personal data that iPaidThat will process for the User in the context of the Services. All such information is hereinafter referred to as "Confidential Information".

The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of 5 (five) years from the end of the execution of the Services concerned. It may only transmit it to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided for herein. This obligation does not extend to documents, elements, data and information:

 

19. Advertising

iPaidThat reserves the right to insert on any page of the Platform and in any communication to Users any advertising or promotional messages in a form and under conditions of which iPaidThat shall be the sole judge.

 

20. Links and Third Party Sites

 

iPaidThat can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) that the User accesses via the Platform.

iPaidThat accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

iPaidThat is also not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to which the User may be referred via the Platform and may not under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

 

21. Trade references

The User expressly authorises iPaidThat to quote him/her and, where appropriate, to use the reproduction of his/her trademark or logo as a commercial reference, in particular at events, in its commercial documents and on its website, in any form whatsoever.

 

22. Modifications

iPaidThat reserves the right to modify these general terms and conditions at any time.

The User will be informed of these modifications by any useful means at least 2 (two) weeks before the entry into force of the said modifications.

The modified General Terms and Conditions will apply from the renewal of the Subscription following their coming into force.

The User who does not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of the Services, unsubscription".

Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.

 

23. Language

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.

 

24. Applicable law and jurisdiction

These general terms and conditions are governed by French law.

In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules to the contrary exist.