Terms of service

1. Definitions

• Publisher / Puwapi: GHARSALLI Abdurahmen (EI), publisher of the service, 13 Rue de la Fraternité, 69150 Décines-Charpieu, France.
• Service / Platform: the Puwapi software provided as SaaS (software accessed online), its modules, interfaces and APIs.
• Subscriber: the individual or entity that purchases a subscription and on whose behalf the account is opened.
• User: any person accessing the Service using the Subscriber's credentials (staff, members of the organisation).
• Subscriber Data: the content and data, including personal data, that the Subscriber and its Users enter, import or generate in the Service.
• Agreement: these terms, the order or subscription summary, the privacy policy and the data processing agreement.

2. Purpose and scope

These terms govern access to the Service published by GHARSALLI Abdurahmen (EI), its use, and the financial terms of subscriptions. They apply to the exclusion of any other document, in particular the Subscriber's own purchasing terms.

The Service is intended for professionals acting in the course of their business. It is not intended for consumers within the meaning of consumer law.

3. Acceptance and contractual documents

Creating an account, purchasing a subscription or using the Service constitutes full and unreserved acceptance of the Agreement by a person authorised to bind the Subscriber. In the event of conflict, the order of precedence is: the order form, then these terms, then the data processing agreement, then the privacy policy.

4. Description of the service

Puwapi is a modular management platform (including CRM, scheduling and appointments, invoicing, projects and support, forms, files, email and artificial-intelligence features). Each module is enabled according to the plan and options chosen. The Service evolves continuously: features may be added, changed or removed, without materially diminishing the overall level of the plan purchased.

The exact scope of plans, modules and options is the one described on the Pricing page at the time of purchase.

5. Account, credentials and security

The Subscriber undertakes to provide accurate information and to keep it up to date. It is responsible for keeping its account credentials and those of its Users confidential, and for all actions carried out from its account.

Any suspicious use or loss of credentials must be reported without delay to contact@puwapi.com. The Subscriber is responsible for managing its Users' access rights within its organisation.

6. Subscriptions, prices and payment

Subscriptions are purchased online. The subscription is entered into for the chosen period (monthly or annual) and renews automatically for equivalent periods, unless cancelled under the conditions of section 9.

Prices are those shown on the Pricing page at the time of the order. They are exclusive of tax; VAT or any applicable tax is added where relevant. Certain options and usage (in particular AI actions, storage or sending beyond the included quotas) are charged in addition, as indicated at the time of purchase.

Billing and collection are handled by the payment provider Stripe. Payments are due on the due date. If payment fails, the Service may be suspended after a grace period and a reminder, then terminated if the situation is not resolved, without prejudice to the recovery of sums due.

Puwapi may revise its prices. Any increase applicable to an ongoing subscription is notified at least 30 days before it takes effect, at renewal; a Subscriber who declines it may cancel before the new price applies.

7. Free trial

The free trial lasts 14 days and gives access to the features of the Business plan. No payment card is required to sign up, and the trial does not turn into a paid subscription without the deliberate entry of payment details. At the end of the trial, Subscriber Data remains available for the periods set out in section 11 if no subscription is taken out.

8. Subscriber obligations and acceptable use

The Subscriber undertakes to use the Service in accordance with the Agreement, applicable laws and third-party rights. It is solely responsible for the Subscriber Data and its lawfulness.

It shall refrain in particular from:

• distributing unlawful, infringing, defamatory content or content that violates third-party rights;
• undermining the security or integrity of the Service, attempting unauthorised access or circumventing its technical limits;
• using the Service to send unsolicited (spam) or fraudulent communications;
• reselling, sub-licensing or making the Service available to third parties outside its organisation without written authorisation;
• collecting or processing personal data in the Service in breach of applicable regulations.

In the event of a serious breach or a risk to the Service or to third parties, Puwapi may suspend the access concerned, where possible after informing the Subscriber.

9. Term, cancellation and suspension

The Subscriber may cancel at any time, free of charge, from its workspace; cancellation takes effect at the end of the current subscription period, with no refund of periods already started, save for any mandatory legal provision to the contrary.

Puwapi may terminate or suspend the Agreement in the event of non-payment or a breach by the Subscriber that is not remedied within a reasonable period after formal notice. Termination does not release the Subscriber from paying sums still due.

10. Availability, maintenance and support

Puwapi targets 99.5% availability per month, excluding scheduled maintenance, force majeure and events attributable to third parties or to the Subscriber. Maintenance windows are announced in advance where possible.

Support is provided electronically at contact@puwapi.com, at the level set by the plan purchased. Puwapi performs regular backups of Subscriber Data, which does not relieve the Subscriber from keeping its own copies of critical data.

11. Personal data

For data that Puwapi processes as a controller (account management, billing, security), processing is described in the privacy policy.

For personal Subscriber Data that Puwapi processes as a processor on the Subscriber's behalf, the parties' roles and obligations under Article 28 of the GDPR are governed by the data processing agreement (DPA), which forms an integral part of the Agreement.

12. Portability and return of data

The Subscriber may export its data from the Service using each module's own export features (original files, PDF documents, accounting entries in FEC format, CSV lists depending on the module) as well as through the documented application programming interfaces, which give access to all of its data. Failing that, a complete copy of its data is provided on written request, in a structured and commonly used format, within 30 days and free of charge. On expiry or termination of the Agreement, Subscriber Data remains available in read-only mode for 30 days to allow retrieval, then is deleted, subject to legal retention obligations (in particular accounting ones). Deletion arrangements are detailed in the data processing agreement.

13. Intellectual property and licence

The Service, its software components, documentation and trademarks remain the exclusive property of GHARSALLI Abdurahmen (EI) or its licensors. For the term of the Agreement, the Subscriber is granted a personal, non-exclusive and non-transferable right to use the Service, limited to its internal needs.

The Subscriber retains full ownership of the Subscriber Data. It grants Puwapi the rights strictly necessary to host, process and provide the Service for the term of the Agreement.

14. Confidentiality

Each party undertakes to keep confidential the non-public information of the other party to which it has access under the Agreement, and to use it only for its performance. This undertaking does not apply to information that is public, lawfully known before disclosure, or whose disclosure is required by law or a competent authority.

15. Warranties and liability

Puwapi provides the Service with reasonable professional care. The Service is provided “as is” as regards third-party integrations and content, for which Puwapi gives no operating warranty.

To the extent permitted by law, Puwapi's liability is limited to direct and proven damage and shall not exceed, for all events combined, the amounts paid by the Subscriber over the twelve (12) months preceding the triggering event. Puwapi is not liable for indirect damage (loss of business, revenue, customers or data beyond what results from its own breaches). These limitations do not apply in the event of gross negligence or wilful misconduct, nor where the law excludes them.

16. Force majeure

Neither party is liable for a failure resulting from force majeure within the meaning of Article 1218 of the French Civil Code and French case law, including network failures, failures of hosting or energy providers, large-scale cyberattack or a decision of an authority. Obligations are suspended for the duration of the event.

17. Subprocessors

Puwapi uses subprocessors to provide the Service: notably Contabo GmbH for hosting, Scaleway for file storage, Stripe for payments, deSEC and Hostinger for DNS management and domain name registration, and Anthropic for the artificial intelligence features. The complete, up-to-date list of subprocessors processing personal data, with their role and location, is set out in the data processing agreement and in the privacy policy. Puwapi remains responsible for the performance of the Service.

18. Changes to these terms

Puwapi may amend these terms. Any substantial change is notified by email or within the Service with 30 days' notice before it takes effect. If the Subscriber disagrees, it may cancel free of charge before that date; otherwise, continued use constitutes acceptance.

19. Applicable law and disputes

The Agreement is governed by French law. Failing amicable resolution within 30 days of the written notification of a dispute, the competent courts of Lyon shall have sole jurisdiction, including where there are multiple defendants or third-party proceedings.

20. Contact

Publisher: GHARSALLI Abdurahmen (EI) - 13 Rue de la Fraternité, 69150 Décines-Charpieu, France. For any legal or contractual enquiry: contact@puwapi.com.