Software solution FRESHPROCESS is designed, developed and marketed by the company FRESHCORE, a limited liability company with a capital of 3,000.00 Euros, registered with the Trade and Companies Register of Castres under the number RCS 803 736 610, having its registered office 316 route du Bosc de Moffre - 81580 SOUAL (hereinafter "FRESHCORE").
Used in SaaS mode (Software as a Service), FRESHPROCESS is a collaborative project management tool relating to production management, initially developed for the graphic arts professions thanks to its specific modules.
The purpose of these General Terms and Conditions of Use is to define the terms under which FRESHCORE makes the Software available to professional customers, within the framework of a license to use the FRESHPROCESS Software.
"Client" means the company to which a license to use the Software is granted for use for its professional purposes.
"CGU" means these General Conditions of Use.
"Order" means the commercial proposal emanating from FRESHCORE and accepted by the Customer, materialized by the subscription by the Customer, in his personal space, to Software modules and options related to the use of the Software. As part of the license, the Customer's Order is scalable (as well as the pricing, according to a monthly subscription).
"Documentation" means the documentation relating to the access and/or use of the Software.
"Software" means the executable code of the FRESHPROCESS - including any corrections, updates, new versions - for which the Customer has acquired a license to use and any related documentation (including the Documentation).
"Platform" means the specific combination of computer hardware and/or software environment in accordance with FRESHCORE from which the User can access the Software and use it under good conditions. This combination is subject to change and change at FRESHCORE's discretion.
"User(s)" (which may also refer, depending on the meaning, to the Client) means the persons authorized by the Client (in particular its employees) to use the Software for the Client's professional needs.
Registration and acceptance of the T&Cs
Any use of the Software is subject to the terms of these T&Cs. Consequently, the fact of registering in order to use the Software on the website https://www.freshprocess.eu implies the Customer's full and unreserved acceptance of the conditions of the T&Cs. The Customer acknowledges and accepts that the said T&Cs constitute all of the rights and obligations governing the use of the Software in replacement of any proposal or prior agreement, written or verbal (and in particular any purchase order or general conditions of purchase).
Selection of modules - User management
Following registration, the Customer is required to configure certain features of the Software in his personal space, with regard to the intended use and his "business environment".
The Customer can select, in the “Billing” tab, the module(s) he wishes to use within the framework of the Software user license.
A "Management" tab allows the Customer to enter the number of Users desired for the use of the Software.
FRESHCORE grants temporary access to the Software, for a period limited to thirty (30) days, in order to test the Software free of charge. This trial period allows free access to all the functionalities and modules of the Software, in order to allow the customer to check its suitability for his professional needs.
The Customer acknowledges having no rights with respect to the Software during the trial period. He is bound by all the contractual obligations of these T&Cs, in particular with regard to the limitations and restrictions on the Software license. FRESHCORE may terminate the trial period by notifying it in writing. From the end of the trial period, the Customer may either validate an Order relating to a license to use the Software, or cease all use of the Software.
Information by the Customer of his banking information
At any time, following registration, the Customer may enter his banking information in order to be able to pay for the license to use the Software, in the form of a monthly subscription.
Failing to have completed all the banking information and authorizations necessary for the payment of the user license to FRESHCORE at the end of the 30-day trial period, access to the Software will be automatically blocked.
Platform - Computer environment
FRESHCORE recommends, for optimal use of the Software, the use of the following Internet browsers:
It is recommended to use the Software via an i3 type processor and 4G of RAM, as well as a minimum Internet connection speed of 8 Mbit/s.
Receipt - Reservations
The Software is considered accepted from the end of the trial period (free) of 30 days. If the Customer does not wish to continue using the Software, he must refrain from entering his bank details or else unsubscribe before the end of the said trial period.
In return for the license to use the Software, the Customer undertakes to pay FRESHCORE a license fee in the form of a monthly subscription, the amount of which is defined according to the modules and options subscribed by the Customer in the context of the use of the Software (number of users, weight of "files attached to tasks" submitted by the Customer or its own customers, etc.). Prices are always exclusive of tax, duty or applicable tax, discounts, rebates and rebates, and are expressed in Euros.
The modules and options are marketed at the prices in force on the day of their subscription by the Customer. FRESHCORE reserves the right to modify prices at any time, subject to prior notification of Customers by any means.
The Order is materialized by the Customer's selection of Software modules and options related to the use of the Software (number of users, file size, etc.), said modules and characteristics being price variation factors of the license.
The initial Order is validated, at the end of the 30-day trial period, according to the modules and options chosen by the Customer. The Order is scalable, the Customer may at any time subscribe to modules and options or, conversely, waive his subscription to such modules or such options (the pricing then being adapted in proportion to the monthly use of these modules and options).
The benefit of the Order is personal to the Customer and cannot be transferred without the agreement of FRESHCORE.
Configuration, installation, training in the use of the Software
The subscription to a license to use the Software does not include its installation, its configuration and the training of the Customer and the Users in its use.
The Customer may place an order with FRESHCORE to perform these services at an additional cost.sales FRESHCORE to obtain pricing information and subscribe to this type of service.
It is specified that the training sessions will relate exclusively to support in the handling of the tool according to the intended uses, to the exclusion of any coding or additional software development).
Methods of payment
Invoices are payable by direct debit from the Customer's account according to the information provided during subscription, via the specialized online payment service provider “STRIPE”.
Any delay in payment entails the application, ipso jure and without formal notice, of late payment interest equal to five (5) times the legal interest rate in force calculated on all the sums due by the Customer, without prejudice to any other action for damages. In addition, any default in payment of a due date, for any reason whatsoever, will be automatically increased by additional bank and management fees (late payment compensation, follow-up mail and telephone costs, rejection and representation costs bank direct debits, lump sum recovery indemnity of forty (40) euros including tax per invoice in accordance with the provisions of Article L. 441-6 of the Commercial Code).
In the event of late payment, FRESHCORE will be authorized to suspend the use of the software until full payment of the outstanding invoice, without this suspension being considered as a termination and FRESHCORE being held liable for any possible prejudice resulting from said suspension.
Description of the Software
The description of the Software and its functionalities is provided on the website https://www.freshprocess.eu and in the Documentation.
Use of the Software
The right of use granted to the Customer is a personal, limited, non-transferable and non-exclusive right to access the Software and use it for the duration of the license on a Platform that complies with the prerequisites. and specifications defined by FRESHCORE. The Software is in no way sold, but its use is granted under license. In any event, the user license is personal to the Customer and cannot be transferred or loaned to other people. The use of the Software is intended to cover only the Customer's internal and professional needs (any other use of the Software being formally prohibited) which excludes any shared service.
The Customer undertakes to use the Software in order to process data compatible with the Software. This data must be free of any virus and the Customer must ensure that there is no infringement of any third-party rights (personal data, trademark rights, image rights, copyright, related rights, consumption, etc.). He is liable for any direct, indirect, material and/or immaterial damage in this regard.
In any event, it is expressly agreed that any installation, training and/or maintenance may be ordered by the Customer exclusively from FRESHCORE, to the exclusion of everything from the service provider.
Effective date - Duration
The license takes effect from the Customer's subscription for an indefinite period. It takes the form of a monthly subscription without commitment of duration, the Customer being granted a paid right of use (excluding the trial period) until the termination of the offer to which he has subscribed (by deleting his account or by approaching the FRESHCORE sales department), the invoicing then being carried out in proportion to the days of use during the last month of license.
The Customer designates and assumes responsibility for the Users who will have access to the Software. Each User must identify himself with an identifier that will be assigned to him and create a password that will be personal to him (following the sending of a temporary password by FRESHCORE each time a new User is created). The identifiers and access codes are strictly personal to the Users who undertake to respect their confidentiality and to assume their custody. The Customer guarantees in his own name and in the name of the Users, the proper use of identifiers and access codes and the non-disclosure of passwords and other parameters which make it possible to secure the use of the Software. By express agreement, FRESHCORE cannot be held liable for any damage or prejudice resulting from the poor custody of their passwords by Users.
Number of Users
The right to use the Software is granted for the number of Users subscribed by the Customer in the Order, this number being scalable (and which can be configured in the Customer's personal space) and being a factor of variation the price of the user license. To increase the number of Users, the Customer must subscribe to the appropriate option in his personal space.
FRESHCORE may automatically disconnect in the event of abuse or if two sessions are opened simultaneously on the same computer (for example with two browsers).
Verification - Audit
The Client authorizes FRESHCORE to carry out an audit for the purpose of controlling the normal use of the Software and compliance with the terms and conditions of the T&Cs. This verification must take place during business hours and must not unreasonably interfere with the Customer's business. In the event of observation of a practice reducing the pricing or making it undervalued with regard to the use of the Software by the Customer, FRESHCORE reserves the right to terminate this license and/or to invoice the Customer for the price which would have had to be applied.
It is against the law to make unauthorized of the Software or to circumvent any copy protection technology included in the Software.
The Software must be used on a Platform and in an operating environment (information medium, network, server, etc.) that complies with the prerequisites and specifications defined by FRESHCORE, to which the Customer agrees to follow the instructions and recommendations. Any use not provided for herein is prohibited and, in particular but without limitation, the Customer undertakes not (nor to authorize a third party to do so) ( i ) to use the Software for purposes other than those described in the Documentation, (ii) copy, reproduce, alter, adapt, translate in any way, integrate into other software, extract all or part of the Software, create derivative works from the Software, disassemble or perform any engineering backwards, nor try to discover the source codes (deemed strictly confidential), (iii) attempt to modify the Software in any way whatsoever, even to the extent of correcting the errors it may contain, this faculty being exclusively reserved for FRESHCORE, ( iv ) distribute, give or sell in sublicense, diffuse, assign, rent, lend, give in financial lease, sell, give, or otherwise transfer, even free of charge, all or part of the Software, by any means, to whomever either, (v) remove, conceal or alter any proprietary notices, labels, legal notices, such as trademark or copyright notices, affixed to or in the credits of the Software or related Documentation.
FRESHCORE expressly reserves the right to correct any error that the Software may contain, but also the right to adapt, modify and make improvements to the Software or to stop its commercial distribution.
Legal and regulatory limitations
If the Customer, in the context of the use he makes of the Software, is required to process personal data (in particular those of Users, his own customers, or third parties), he undertakes to comply with all the legal and regulatory requirements applicable to such processing and in particular the provisions of Law No. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR).
Technical terms relating to the use of "full web application" / "Software as a Service"
Within the framework of the license, FRESHCORE allows Users to access the Software via an Internet browser under the conditions described in the T&Cs and/or in the documentation. Use of the Software requires Users to have access to a telecommunications network. This service is not the responsibility of FRESHCORE and must be provided by a telecommunications operator of the Customer's choice and under its responsibility. The Customer is also responsible for installing and configuring the platforms necessary for accessing and using the Software.
FRESHCORE provides the Customer with access to the Software 24 hours a day, 7 days a week with a monthly availability of 99% under normal operating conditions, except for any breakdowns and maintenance or update interventions necessary for the proper functioning of the computer network and servers chosen by FRESHCORE and except in cases of force majeure (in particular, without this list being exhaustive, war, riot, fire, strikes, accidents, natural disasters, bad weather , floods, lightning, attacks, disruptions or cuts in services on telecommunications networks and services, disruption or breakdowns of telephone lines, interference of all kinds of radioelectric or electrical origin, technical problems relating to an external service provider such as variation or power outage), and in general any direct or indirect cause hindering or stopping access to the Software or the services provided by its suppliers such as the Internet access provider and the server host.
It is agreed that access to the Software may be temporarily interrupted for its maintenance, updating, possible breakdowns, technical constraints related to the specificities of the Internet network, without all of these maintenance periods or other aforementioned constraints cannot lead to the liability of FRESHCORE, nor give rise to the right to any compensation. FRESHCORE reserves the right to modify or interrupt accessibility to the Software, in particular for reasons of maintenance, updating or improvement or to develop its content, without any compensation or obligation whatsoever, even if in as far as possible, FRESHCORE will endeavor to implement the reasonable economic means at its disposal to minimize the possible inconvenience.
If the Software is updated by FRESHCORE, it is agreed that access to the Software may be disrupted for up to forty-eight (48) hours.
Hosting and backup of data
It is specified that FRESHCORE will not perform any specific backup of the data stored on its servers within the framework of the use of the Software. It is therefore up to the Customer to take all necessary measures to safeguard his data in the event of loss or deterioration of the data entrusted, whatever the cause. It is expressly agreed that the Customer alone has the possibility of choosing whether or not to save his data on any medium, to keep them, to share them, to send them or to destroy them, and assumes sole responsibility for these choices. The Customer is also strongly advised to periodically save their data on different media. In any case, FRESHCORE assumes no responsibility or guarantee with regard to the hosting, storage and backup of the history and data of the Customer, which the latter will make his personal business.
Characteristics of the Software
It is the Client's responsibility to analyze the functional and technical characteristics of the Software and to verify that it meets its own needs.
Limitations relating to interoperability
In accordance with the provisions of article L.122-6-1 IV of the Intellectual Property Code, the Customer is not authorized to carry out acts of decompilation in order to make the Software interoperable with hardware or other software before having informed FRESHCORE in writing in advance and as long as the information necessary for interoperability is available or as long as FRESHCORE makes reasonable efforts to provide it. In any case, the Customer undertakes not to infringe the intellectual property rights which are attached to the Software before seeking or requiring any interoperability.
The maintenance of the Software is provided exclusively by FRESHCORE or its authorized subcontractors. FRESHCORE's technical support operates Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 5:30 p.m. (Central European Time), except public holidays and legal holidays, and except exceptional unavailability of the maintenance service of which the Customer will be informed five (5) days in advance except for any breakdowns and maintenance interventions necessary for the proper functioning of the network and computer servers and except in cases of force majeure as defined by law and the case law of the courts. The Customer will have access to FRESHCORE by telephone at the above times: 05.67.29.05.04.
Each time the Customer accesses support for a given problem, an incident ticket will be assigned. For the incident to be communicated to the technical team of FRESHCORE, the communication by the Customer of the problem encountered on the Software must include all the documents, information and other existing elements necessary for a good understanding of the problem posed and in particular: reference of the Customer ; description of the problem (title, detailed description, consequences of the problem); environment (hardware, software, third-party software); reproduction (configuration, and instructions necessary to reproduce the problem).
Financial conditions of the intervention for maintenance
The Customer may subscribe, with the FRESHCORE sales department, to a specific maintenance contract with FRESHCORE guaranteeing him priority access to the technical service and priority processing of his requests. This specific contract is in the form of an annual flat-rate subscription covering a determined number of hours of maintenance work dedicated to the Customer's requests.
In the absence of subscription to this specific contract, the work carried out by FRESHCORE within the framework of maintenance on behalf of the Customer will be invoiced according to a fixed hourly rate, and will not be subject to priority treatment.
Obligations of the Customer
The Customer must provide FRESHCORE all reasonable means and information to enable it to carry out the maintenance, and in particular provide all the documents, information, and existing elements necessary for the proper understanding and reproduction of the problem posed. The Customer undertakes to respect the normal conditions of use of the Software and the recommendations of FRESHCORE, in particular those described in these T&Cs and the Documentation. The Customer is required to communicate to FRESHCORE any changes in the configuration of its computer equipment likely to call into question the use of the Software or its maintenance. Before any maintenance operation, the Customer undertakes to save its data, files, or programs in order to avoid any loss or deterioration. The Customer remains exclusively responsible for the security of his information. The Customer is fully aware that the maintenance of the Software requires active cooperation with FRESHCORE. FRESHCORE undertakes to implement all reasonable means to carry out maintenance, it being specified that FRESHCORE, like the Customer, is subject to an obligation of means.
Only the Software is covered by the maintenance which does not cover other software, hardware or operating systems. Maintenance does not cover system administration issues, system configuration and testing support, unless agreed to in writing with FRESHCORE.
FRESHCORE is not bound by the deployment of the Software in the Customer's technical environment (hardware and software), the interoperability of the Software with other operating/information systems, and the consulting services necessary to identify Customer's needs and to adjust the Software accordingly. FRESHCORE may not be required to provide maintenance services if the Customer breaches its obligations under these T&Cs.
FRESHCORE shall not be required to provide maintenance where (i) the defects are due to Customer's or User's misuse of the Software in relation to its Documentation; (ii) the Software has been modified by the Client, the User or by a third party without the prior written consent of FRESHCORE; or (iii) the malfunctions are due to reasons external to the Software, including an interruption of the telecommunications and/or electrical networks, deficiencies in the reception equipment, accidents or natural disasters constituting cases of force major.