General Terms and Conditions of Use

1. Identification of the company

The company INFINE FRANCE (the “Company”) is a simplified joint-stock company registered with the Paris Trade and Companies Register under number 851155 648, whose registered office is located at 91 RUE DU FAUBOURG SAINT-HONORE 75008 PARIS.‍‍‍‍

‍The company can be contacted at the following coordinates
‍‍‍- e-mail address: contact@yaago.com‍‍‍
‍- telephone number: +33 7 44 09 37 48

2. Services offered

The Company publishes the “Yaago” platform, accessible at https://app.yaago.com (the “Platform”). This Platform is a tool that enables the Company's client, identified in the Estimate as defined below (the “Client”), to facilitate the management of the properties it rents out, directly or through real estate professionals.‍

‍The Platform's functionalities are described on the Company's website accessible at https://www.yaago.com/ (the “Website”).

3. Contractual documents

The contractual relationship between the client and the company is governed, in descending hierarchical order, by the following documents:‍The Estimate (the “Estimate”)- It is drawn up on the basis of the  Client's needs- The Client must accept it in writing (including by email) within 30 days of its issue.

This acceptance constitutes acceptance of the General Terms and Conditions in the version in force on the date of the Quotation.- In the event of any contradiction, the Quotation shall take precedence over the General Terms and Conditions.-

In the event of any contradiction, the most recent Quotation shall take precedence over the oldest Quotation(s)The general terms and conditions (the “General Terms and Conditions”)
‍They define:
‍- The terms and conditions of use of the Services,
‍- The respective obligations of the parties.
‍They can be accessed via a direct link at the bottom of the platform page.
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4. Relationship with the general terms and conditions of the payment service provider

All payments made by credit card [RC1] or by SEPA bank transfer through the Platform are managed by the payment service provider indicated on the Platform (the “Payment Service Provider”). ‍

‍The Client will contract directly with the Payment Service Provider with regard to the implementation of these payments, by accepting its general terms and conditions, by means of a checkbox on the Platform.

‍If the Payment Service Provider refuses or terminates the Client's subscription, the Client cannot/no longer use the Services. Conversely, the termination of the contractual relationship between the Client and the Company shall result in the termination of the Client's contract with the Payment Service Provider.In the event of any contradiction between the Payment Service Provider's terms and conditions and the Terms and Conditions, the latter shall prevail.

‍The Client expressly authorizes the Company to send the Payment Service Provider all its instructions relating to payments made on the Platform.

5. Conditions of access to services

(i)    The Client is a legal entity acting through a natural person with the required power or authorization to enter into contracts in the name of and on behalf of the Client.

‍‍(ii)   The Client is a professional, understood as any natural or legal person acting for purposes falling within the scope of his commercial activity, including when acting in the name or on behalf of another professional.

6. Terms and conditions of access and subscription to the Services

To subscribe to the Services, the Client must contact the Company using the contact details mentioned in the article “Identification of the Company”.‍The Company will then put him in touch with a sales representative, who will initially contact him by telephone to identify his needs. The Company will then invite the Customer interested in the Services to make an appointment to create his account (the “Account”) and provide him with training on how to use the Platform.‍Subscribing to the Services automatically starts a 15-day trial period.‍The Client must provide the Company with all the information necessary to create his Account.
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7. Description of the Services

The Services‍

‍Before subscribing, the Client acknowledges that he can find out about the characteristics of the Services and their constraints, particularly technical ones, on the Platform.The Client acknowledges that the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which the Company is not responsible.The Services to which the Client has subscribed are described on the Site.The Company reserves the right to offer any other Service.Any request to modify the Services subscribed to will be subject to an additional Quotation.

‍Additional Sales
‍Customers have the option of making additional sales via the Platform. In this respect, it is reiterated that the Company acts as a simple intermediary to facilitate transactions but is in no way a party to these transactions. It can therefore in no way be held liable in this respect.

‍Additional services
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‍Maintenance
‍The Client shall benefit from corrective and evolutionary maintenance during the term of the Services as defined below. In this context, access to the Platform may be limited or suspended.

‍- Corrective maintenance
The purpose of corrective maintenance is to correct any malfunctions or bugs found on the Platform during the term of the Contract. The terms and conditions of corrective maintenance are described in the SLA attached in Appendix 1.

‍- Evolutive maintenance
During the term of the Services, the Client shall benefit from evolutive maintenance, namely: - improvements to the functionalities of the Platform and/or technical installations used in the context of the Platform aimed at introducing minor extensions (the “Updates”).
The Company may carry these out automatically and without prior notice,
- additions of new functionalities to the Platform and/or technical installations used in the context of the Platform (the “New Versions”).
Access to the Platform may also be limited or suspended for scheduled maintenance, which may include the aforementioned corrective and evolutionary maintenance operations.
Where applicable, the Company undertakes to inform the Client at least 24 hours before the maintenance operation, by any written means, and to make its best efforts so that these operations do not exceed 8 hours and are carried out outside working hours, i.e. from Monday to Friday from 9 a.m. to 6 p.m., Paris, France time.

‍Hosting
‍The Company shall ensure, under the terms of an obligation of means, the hosting of the Platform, as well as of the data produced and/or entered by/on the Platform, on its servers or through a professional hosting service provider, and on servers located in a territory of the European Union.Technical support
‍In the event of any difficulties encountered when using the Services, the Client may contact the Company using the contact details mentioned in the article “Identification of the Company”.

‍The technical support service is available from Monday to Friday, excluding public holidays, from 9 a.m. to 6 p.m., it being specified that the applicable time zone is that of Paris, France. Depending on the identified need, the Company will estimate the response time and keep the Client informed.

8. Duration of subscription to the Services

The Client subscribes to the Services in the form of a subscription (the “Subscription”).‍The Subscription begins the day after a 15-day trial period.‍It is tacitly renewed for successive periods of one month (the “Periods”), from date to date, unless the Subscription is terminated under the conditions of the article “Termination of Services”.

9. Financial conditions of the Company

9.1. Price of the Services

‍The price of the Services to which the Client has subscribed is indicated in the Estimate.The price does not depend in any way on the number of reservations made for the Client's accommodation.
‍On the other hand, the price indicated on the Estimate is based on the number of the Client's accommodations active on the Platform. Any new accommodation from property management systems or channel managers or online travel agencies is considered active.Any Period started is payable in full.T
he Company is free to offer promotional deals or price reductions.In the event of non-payment by the Client, after at least two reminders from the Payment Service Provider have been issued and have remained unsuccessful, the Company shall charge the Client a fixed penalty of 50 euros.

‍9.1.1. Inactivity
‍The Client is expressly informed and accepts that pausing one, several or all of his/her/its accommodations in no way releases him/her/it from paying the price of the Services. The Client remains liable for the Service access fees, the amount of which is indicated in the Estimate.

‍9.2. Company billing and payment terms
‍The Company shall send the Client an invoice per Period by any useful means.Payment shall be made by direct debit at the end of the trial period, and then monthly in advance.The Subscription may also be paid for by bank card via the secure online payment service specified on the Company's Platform, or by SEPA direct debit.The Company's invoicing and payment terms are specified in the Estimate.The Client guarantees that they have the necessary authorization to use these methods of payment.

‍9.3. Consequences in the event of late or non-payment
‍Notwithstanding the provisions of Article 9.1, in the event of non-payment or late payment, the Company reserves the right, from the day after the due date appearing on the invoice, to:- immediately suspend the Services in progress until full payment of the amounts due,- to charge, for its own benefit, interest on late payments equal to three times the legal interest rate, based on the amount of the sums not paid by the due date, and a fixed indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount,- where applicable, declare the forfeiture of the term of all sums owed to it by the Client and their immediate payability

10. Intellectual property rights

Intellectual property rights to the Platform‍The Platform is the property of the Company, as are the software, infrastructure, databases and content of any kind (text, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The license that the Company grants to the Client does not entail any transfer of ownership.‍The Client benefits from a non-exclusive, personal and non-transferable SaaS license to use the Platform for the duration specified in the article “Duration of Subscription to the Services”.‍The Client, and the Users, benefit from a non-exclusive and non-transferable SaaS license to use the Platform for the duration specified in the article “Duration of Subscription to the Services”.

11. Commercial references

The parties may use their respective names, trademarks and logos and refer to their respective platforms as commercial references for the duration of their contractual relationship and for three years thereafter.

12. Customer obligations and liability

12.1. Regarding the provision of information

‍The Customer undertakes to provide the Company with all the information necessary for the subscription to and use of the Services.

‍12.2. Regarding the Customer's Account

‍The Customer:- guarantees that the information provided in the form is accurate and undertakes to update it,- acknowledges that this information is proof of his identity and is binding upon him as soon as it is validated,- is responsible for maintaining the confidentiality and security of his username and password. Any access to the Platform using these is deemed to have been carried out by him/her.The Client must immediately contact the Company using the contact details mentioned in the article “Identification of the Company” if he/she notices that his/her Account has been used without his/her knowledge. He/she acknowledges that the Company shall have the right to take all appropriate measures in such cases.

‍12.3. Regarding the use of the Services

‍The Client is responsible for his use of the Services and for any information he shares in this context. He undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.

‍The Client shall refrain from misusing the Services for purposes other than those for which they were designed, and in particular for the purposes of:
- engaging in illegal or fraudulent activity,
- violating public order and morality,
- violating third parties or their rights in any way whatsoever,
‍- violate a contractual, legislative or regulatory provision,
- engage in any activity likely to interfere with the computer system of a third party, in particular for the purpose of violating its integrity or security,
- carry out maneuvers aimed at promoting its services and/or sites or those of a third party,
- assist or incite a third party to commit one or more of the acts or activities listed above.

‍The Client is also prohibited from:
- copying, modifying or misappropriating any element belonging to the Company or any concept that it uses within the framework of the Services,
- adopting any behavior likely to interfere with or misappropriate the Company's computer systems or to undermine its computer security measures,
- infringing the financial, commercial or moral rights and interests of the Company,‍
‍- market, transfer or provide access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to the Company commercial references, during the term of their contractual relationship and for 3 years thereafter

13. Obligations and liability of the Company

The Company undertakes to provide the Services diligently, it being specified that it is bound by an obligation of means.‍The Company undertakes to comply with the regulations in force.‍The Company shall make every effort to comply with the schedule for the provision of the Services indicated in the Estimate.
As these deadlines are provided for information purposes only, it shall not be liable in the event of non-compliance.Any delay attributable to the Client shall result in a corresponding postponement of the agreed delivery deadlines.

‍13.1. Concerning the quality of the Services
‍The Company shall make every effort to provide the Customer with quality Services.To this end, it shall carry out regular checks to verify the functioning and accessibility of its Services and may thus carry out maintenance under the conditions specified in the article “Maintenance”.However, the Company shall not be liable for any temporary difficulties or impossibilities of access to its Services that may arise from:
‍- circumstances external to its network (and in particular the partial or total failure of the Customer's servers),
- the failure of equipment, cabling, services or networks not included in its Services or which are not under its responsibility,
- the interruption of the Services due to telecom operators or Internet service providers,
‍- the intervention of the Customer, in particular via a wrong configuration applied to the Services,
- a case of force majeure.

‍The Company is responsible for the functioning of its servers, whose external limits are constituted by the connection points.Furthermore, it does not guarantee that the Services:
- subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults,
- being standard and in no way proposed according to the personal constraints of the Client, will specifically meet his needs and expectations.

‍13.2. Concerning the Platform's service level guarantee.
‍The Company's service level commitments are described in the SLA attached in Appendix 1.13.3. Regarding data backup on the Platform. The Company shall make its best efforts to back up all data produced and/or entered by/on the Platform.Except in the event of proven fault on the part of the Company, it is nevertheless not responsible for any loss of data during maintenance operations.‍

‍13.4. Regarding data storage and security
‍The Company provides sufficient storage capacity for the operation of the Services.The Company shall make every effort to ensure data security by implementing measures to protect the infrastructure and the Platform, to detect and prevent malicious acts and to recover data.

‍13.5. Regarding advertising on the Platform
‍The Company may publish and/or send the Customer any advertising or promotional messages, in particular by referring them to third-party platforms.However, the Company is not responsible for:- the technical availability and the content, products and/or services of these platforms,- the Customer's relationships forged through these platforms.

‍13.6. Regarding the use of subcontracting and assignment.
‍The Company may use subcontractors in the performance of the Services, who are subject to the same obligations as the Company in the context of their intervention.Nevertheless, the Company remains solely responsible to the Client for the proper performance of the Services. The Company may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Client. Where applicable, it shall inform the Client of this substitution by any written means.

14. Limitation of the Company's liability

The Company's liability is limited to proven direct damages suffered by the Client as a result of the use of the Services.

‍‍With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within one month of the occurrence of the damage, the Company shall not be held liable for an amount greater than the amounts it has received during the 6 months preceding the event giving rise to liability or the duration of the provision of its Services, if this duration is shorter.

15. Acceptable forms of evidence

Evidence may be established by any means. ‍The Client is informed that messages exchanged via the Platform, as well as data collected on the Platform and the Company's computer equipment, constitute one of the accepted forms of evidence, in particular to demonstrate the reality of the Services provided and the calculation of their price.

16. Procedures for the processing of personal data

1.1.General provisions ‍The parties undertake, each for their own part, to comply with all legal and regulatory obligations incumbent upon them with regard to the protection of personal data, in particular the latest amended version of Law 78-17 of January 6, 1978, known as the Data Protection Act, and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the “Applicable Regulations”).

‍To find out more about the processing carried out by the Company, the Client is invited to read the Company's privacy policy available on the Platform.

17. Force majeure

The Company cannot be held responsible for breaches or delays in the performance of its contractual obligations due to a case of force majeure occurring during the term of its relationship with the Client, as defined in 1218 of the Civil Code. ‍

‍If the Company is prevented from fulfilling its obligations due to a case of force majeure, it must inform the Client by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable period of time upon the cessation of the case of force majeure.

The Company nevertheless remains bound to fulfill the obligations that are not affected by a case of force majeure.

18. End of Services

The Subscription must be terminated no later than 48 working hours before the end of the current Period, by the Client, by sending a request to the Company at the contact details mentioned in the article “Identification of the Company”, and by the Company, by sending an email to the Client. ‍The Client no longer has access to his account from the end of the Services.

19. Penalties in the event of mismanagement

The following constitute essential obligations towards the Client (the “Essential Obligations”):
‍- payment of the price,
‍- not providing erroneous or incomplete information to the Company,
‍- respecting the usual rules of politeness and courtesy in exchanges with the Company,
‍- not using the Services for a third party,
- not engaging in activities that are illegal, fraudulent or infringe on the rights or safety of third parties, breach public order or violate the laws and regulations in force. In the event of a breach of any of these Essential Obligations, the Company may:
‍- suspend or terminate the Customer's access to the Services,
‍- publish on the Platform any information message that the Company deems useful,
- notify any competent authority, cooperate with it and provide it with all information useful for the investigation and prosecution of illegal or unlawful activities,- take any legal action.

‍These sanctions are without prejudice to any damages that the Company may claim from the Client. In the event of a breach of any obligation other than an Essential Obligation, the Company shall request by any useful written means that the Client remedy the breach within a maximum period of 15 calendar days. The Services shall end at the end of this period if the breach is not remedied.

20. Applicable law and competent courts

The General Terms and Conditions are governed by French law. In the event of a dispute between the Client and the Company, and in the absence of an amicable agreement within 2 months of the first notification, the dispute shall be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by law.

Annexe 1
SLA

1.      Process for managing Anomalies
‍The Company intervenes in the management of bugs or malfunctions identified on the Platform (the “Anomalies”) within the framework of the Company's support intervention times, namely between 9 a.m. and 6 p.m. from Monday to Friday. Any deadline that has started during this time slot will expire at the same time on the last working day of the deadline.

‍These Anomalies are divided into 3 categories:
‍- “Critical Anomaly”: makes it impossible to use the Services,
- “Major Anomaly”: reduces the use of the Services by preventing the use of certain essential functionalities,
- “Minor Anomaly”: makes it impossible for the Customer to use one or more non-essential functionalities of the Services.

‍The Client may report any Anomaly to the Company using the contact details mentioned in the article “Identification of the Company” and endeavoring to provide as much information as possible.
Receipt of this report constitutes notification of an Anomaly.

The Company will inform the Client of the origin of the Anomaly by email.
If the Platform is not the cause of the Anomaly, no maintenance will be carried out.  
‍If the Platform is the cause of the Anomaly, the Company will inform the Customer of its classification within 4 hours (the “Date of Diagnosis”) and will proceed to correct it within the following time frames:‍
‍- Critical Anomaly: within 8 hours of the Date of Diagnosis,
‍-         Major Anomaly: within 48 hours of the Diagnosis Date,
‍-         Minor Anomaly: within 5 working days of the Diagnosis Date ‍If the Company is unable to correct a Critical or Major Anomaly within the specified time frame, it will make every effort to propose a workaround solution at the latest:
‍-         within 24 hours from the Date of Diagnosis for a Critical Anomaly,
‍-         within 5 working days from the Date of Diagnosis for a Major Anomaly.

‍The Company may acknowledge the end of the intervention by email.

‍2.      Service level guarantee

‍‍The Company shall make its best efforts to maintain access to the Platform 24 hours a day, 7 days a week and guarantees the monthly availability of the Services at 99.0%. The Services are considered unavailable in the event of a breakdown, i.e. a failure resulting from any element that is the responsibility of the Company (the “Breakdown”).
‍The availability rate is calculated on a monthly basis and starts from the first full month of Services.
‍Availability rate = [Total Time - Downtime] / Total Time * 100 Example (for the month of January):
- Total Time = 31 days * 24 hours = 720 hours
- Downtime = 6 hours- Availability rate = [720 – 6] / 720 *100 = 99.2%
‍This percentage does not take into account unavailability due to:
- scheduled maintenance under the conditions defined in the article “Maintenance”,
- suspension or termination of the Services in accordance with the General Terms and Conditions,
‍- all the cases listed in the provisions of the article “concerning the quality of the Services”.

‍A Breakdown is recorded from the occurrence of the first of the following two events:
- a report from the Customer using the contact details mentioned in the article “Identification of the Company”,
- a report from the Company.
‍The Outage time is the time between the report and the notification of the restoration of the Services, minus the delays caused by the Customer during the resolution of the Outage (e.g. the Customer's failure to respond).

‍In the event of a breakdown lasting more than 4 hours, the Company will implement appropriate backup solutions within 5 hours of the occurrence of the Breakdown in order to ensure the continuity of the Services.
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