These General Terms of Service describe the rights and obligations of the Parties when a subscription request to the Psy4Vet software is made to the Company via its website https://psy4vet.info/ (hereinafter referred to as “the Site”).
For informational purposes, as of today, six (6) types of subscriptions granting access to the Psy4Vet software are presented on the Site:
Each of these Psy4Vet software subscription types may include a “data sharing” option.
These General Terms form the foundation of the Service Agreement (hereinafter referred to as “the Agreement”) concluded between the Client and the Company.
Subscribing to the software via this Site implies full and automatic application of these General Terms, which take precedence over any other conditions, including those containing conflicting clauses, such as general terms of purchase or service provision from any professional client, which shall be unenforceable against the Company, even if it has knowledge of them.
Prior to the conclusion of the Agreement, the Client acknowledges having received these General Terms in a readable and understandable manner and accepts them without restriction or reservation.
These General Terms may be subject to future modifications due to changes in legislative or regulatory context. The version applicable to the Client is the one in force on the date of the Agreement’s conclusion.
“If the data sharing option has been selected, you consent to the sharing of animal-related data for statistical and research purposes.” “All data is anonymized.”
Before the Agreement is concluded between the Parties, the Buyer acknowledges having received, in a clear and understandable manner, the following information:
An order refers to any request to subscribe to a plan offered by the Company. The Client may subscribe to the Psy4Vet software via the Company’s Site, through the “Pricing” tab and then “Subscribe.” The subscription concluded under these General Terms of Service is valid for the duration of the Services ordered by the Client (monthly). Entering into the Agreement implies full acceptance of these General Terms and an obligation to pay the selected subscription (subject to the individual Buyer’s right of withdrawal, under the conditions described below). The Company reserves the right to cancel or refuse any subscription from a Client with whom there is a dispute regarding payment of a previous order or subscription.
To access our services, you must provide your credit card information at the time of subscription, even if you are benefiting from a free trial period or a promotional offer. The service fee will be automatically charged at the end of the free period or promotional offer.
Unless you cancel before the end of the current period, your subscription will be automatically renewed for one month. Subsequent payments will be charged automatically. You may cancel your subscription at any time from your customer account. The cancellation will take effect at the end of the current subscription period, with no refund.
Subscriptions to the Psy4Vet software offered by the Service Provider are provided at the rates in effect on the subscription date. These rates are fixed and non-revisable during their validity period.
An invoice is issued by the Company and sent to the Client upon subscription.
By express agreement and unless an exceptional extension is requested by the Client and granted by the Company, failure to pay at least one monthly installment of the Psy4Vet software subscription will result, after formal notice, in the immediate payment of all amounts due to the Company, regardless of the cause, without prejudice to any other action the Seller may take against the Client.
Failure to meet payment deadlines will also result in late penalties under the conditions and rates outlined below.
Any late payment, starting the day after the due date indicated on the invoice, will incur late penalties equal to three (3) times the legal interest rate in effect, automatically and without prior notice, payable to the Service Provider.
Late penalties will be calculated on the total amount including tax of the overdue payment.
Any partial payment from the Client without a duly justified reason will be considered a late payment.
In addition to late penalties, professional Clients will owe a fixed compensation for recovery costs to the Company. This compensation is set at forty (40) euros and will be due automatically and without formalities in the event of late payment.
Under Articles L. 224-25-2 and L. 224-25-3 of the French Consumer Code, the Consumer or non-professional Client benefits from a compliance guarantee for the Psy4Vet software, under the conditions defined by law.
Force majeure is defined as an irresistible and unforeseeable event resulting from circumstances beyond the Parties’ control, including but not limited to climatic, pandemic, bacteriological, military, political, diplomatic, or IT-related events.
Examples of force majeure events include, but are not limited to: natural disasters such as tornadoes, floods, hurricanes, earthquakes, volcanic eruptions; the use of weapons by a state or terrorist group disrupting commercial relations; nationwide social movements; the outbreak of war; the spread of an equine or human virus classified by health authorities as stage 3 of an epidemic such as SARS-CoV-2; or the implementation of lockdowns or curfews due to the evolution of a pandemic.
In the event of a situation considered to be force majeure, the affected Party agrees to notify the other Party by registered letter with acknowledgment of receipt (LRAR) as soon as possible, specifying the nature of the event and its impact on the fulfillment of obligations, and to provide any supporting documentation.
If the Party invoking force majeure successfully demonstrates its occurrence, its obligations shall be suspended for a period of two weeks. Any suspension of the Agreement’s execution under this clause shall be strictly limited to the obligations affected by the force majeure and the duration of its impact.
In any case, the Parties shall endeavor to implement all necessary means to minimize any resulting damages.
If the force majeure situation continues beyond the suspension period, the Agreement shall be automatically terminated.
Any claim must be made in writing and addressed to the Company’s registered office at 174 route de Racin, 38340 Voreppe.
For professional clients, before initiating legal proceedings, the Parties agree to meet within three days of receiving a registered letter with acknowledgment of receipt, sent by either Party, to seek an amicable resolution to any dispute arising from the execution of this Agreement.
This amicable resolution procedure is a mandatory prerequisite to any legal action between the Parties. Any legal action initiated in violation of this clause shall be deemed inadmissible.
However, if no agreement is reached within three days, the dispute shall be submitted to the jurisdiction designated below.
The applicable law for these General Terms of Service is French law. Any dispute concerning the validity, interpretation, execution, performance, or termination of the Agreement, and its consequences or aftermath, that cannot be resolved amicably between the Service Provider and the Client, shall be submitted to the French courts.
If any clause or provision of these General Terms is annulled or declared illegal by a final court decision, such nullity or illegality shall not affect the remaining clauses and provisions, which shall continue to apply.
The Company may collect personal data for the proper execution of the Service.
To comply with European and national regulations on the collection and processing of personal data, the Company confirms that it has implemented the necessary measures to meet the obligations set out in the European General Data Protection Regulation (GDPR) No. 2016/679 of April 27, 2016, and Law No. 78-17 on Information Technology, Files, and Freedoms.
Throughout the duration of the relationship with its Client, the Company undertakes to ensure that all personal data concerning the Client (typically name, first name, email address, postal address, and phone number) is collected and processed for its own purposes, in accordance with applicable EU and national regulations.
This includes, but is not limited to: (i) establishing a proper legal basis for processing, (ii) ensuring a legal mechanism or exemption exists for any transfer of personal data outside the European Economic Area (EEA), (iii) implementing appropriate technical and organizational measures to ensure data security.
In accordance with the French Data Protection Act of January 6, 1978, each Client has the right to access, object to, rectify, modify, and withdraw any personal data concerning them. The Client may exercise this right at any time by contacting the Company RDO.