General terms and conditions of sale and use

1. Purpose

The Pizza Planner Pro service is published and provided by Aurélien Denot EI, a sole trader (entrepreneur individuel) registered in the Roanne trade and companies register (registre du commerce et des sociétés) under number 994 562 783, established at 176 Route de Chirassimont RD 49, 42470 Fourneaux, France (hereinafter ‘the publisher’ or ‘we’). These terms and conditions govern the subscription to the service and its use. They are accepted by the customer at the time of subscribing. Any conflicting condition put forward by the customer shall not be enforceable against us, unless we have accepted it in writing.

2. The service

Pizza Planner Pro is a service accessible through a web browser, used to plan the production of a food service business and to regulate the arrival of orders according to the capacity that the customer configures itself. THE SERVICE IS RESERVED FOR PROFESSIONALS, acting for the purposes of their business. The customer declares this at the time of subscribing; its business identification number is requested after subscription. The service is provided for ONE business: one subscription corresponds to one business and one space. A customer operating several businesses takes out one subscription per business.

3. Subscription

• Subscription is completed online. The customer saves their payment method on the pages of our payment provider, then enters the registration details of their business.
• No banking data is entered on our website, passes through it or is stored on it.
• The subscription is binding as soon as the payment is validated. The customer receives, by email, the identifier and the address of their space.

4. 15-day trial

• The service is provided free of charge for 15 days from the subscription. During this period, the customer has access to all the features.
• Saving a payment method is required to open the trial. No amount is charged during the 15 days.
• At the end of this period, the monthly subscription starts automatically and the first charge is made, UNLESS the customer has cancelled before that date.
• The trial is available ONCE per business. We may refuse or interrupt an additional trial requested for a business that has already benefited from one.

5. Price and payment

• The subscription to the Basic plan is 74.90 euros per month and per business. VAT not applicable, article 293 B of the French General Tax Code (CGI).
• Should the publisher’s tax regime change, the new regime would apply to instalments falling due after it takes effect, with the prior notice provided for in this article for any change in the amount paid.
• The price is fixed for the entire term of the subscription. Any change in price is notified to the customer at least TWO MONTHS before it takes effect and gives the customer the right to cancel at no cost before that date.
• Payment is made by automatic monthly charge to the payment method saved. The invoice is issued by our payment provider; the customer views and downloads it from its billing portal, and may also obtain a copy of it by writing to us via the contact page.
• In the event of late payment, penalties are payable from the day following the payment date shown on the invoice, at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten percentage points, together with a fixed indemnity for recovery costs of 40 euros (articles L441-10 and D441-5 of the French Commercial Code, code de commerce).

5 bis. Customers established outside France

• The service may be subscribed to by professionals established outside France. Prices are expressed in euros.
• Taxes, duties or reporting obligations applicable in the customer’s country as a result of the subscription (in particular any reverse-charge mechanism for value added tax) are borne by the customer, who declares that it holds the registrations required by its own legislation.
• The service is provided in French. These terms and conditions are drawn up in French; that text is authoritative.

6. Term and cancellation

• The subscription is entered into for a term of one month, tacitly renewed at each due date.
• The customer may cancel at any time, at no cost and without giving a reason, from its billing portal, hosted by our payment provider and accessible from the website: it logs in to the portal by means of the link that this provider sends to its billing email address. There, the cancellation is taken into account immediately, in a few clicks, without any prior exchange with us. The customer may also cancel by writing to us via the contact page of the website before the due date; the cancellation is then taken into account on the date the request is received. In both cases, it takes effect at the end of the current monthly period.
• No pro rata refund is due. A cancellation made during the trial prevents any charge.
• No refund is due after a charge, except in the event of prolonged unavailability of the service attributable to the publisher. A goodwill gesture may be granted on written request via the contact page; it remains at our discretion and does not constitute a right.
• IF A CHARGE FAILS: the payment provider makes new attempts and informs the customer. If the situation has not been remedied by the end of the current month, the subscription is cancelled and the space is archived under the conditions of article 9.
• We may also cancel the subscription in the event of use of the service contrary to these terms and conditions, after notifying the customer and once a period allowing it to remedy the situation has expired.

7. Access to the service

• The customer accesses its space using the identifier communicated to it and a password that it sets itself at its first login.
• The space identifier is not a secret: it is used to find the space. The password, on the other hand, is personal and the customer is responsible for keeping it confidential.
• The customer shall notify the publisher without delay, by writing to us via the contact page of the website, of any unauthorised use of its space of which it becomes aware.

8. Availability, hosting and maintenance

• The service is provided under an obligation of means (best-efforts obligation). We exercise reasonable diligence to ensure its availability and security; no figure for availability is guaranteed.
• The service is hosted on infrastructure operated directly by the publisher, which runs it itself. No site redundancy, no recovery time and no service level is guaranteed. The customer acknowledges that the service may be interrupted, in particular for maintenance, in the event of a hardware or software failure, a cut in the electricity supply or in network access at the hosting site, or during the recovery that follows an incident.
• An interruption of the service engages our liability only if it results from a breach of the obligation of means defined in the first paragraph; it is then compensated only within the limits of article 10. In the event of an unscheduled interruption, we inform the customer as far as possible and exercise reasonable diligence to restore the service.
• Support is provided through the service’s internal messaging, on business days. We reply within two business days; this is a response time, not a resolution time.
• Assistance with setting up the first service may be offered by telephone; it does not constitute an automatic right.
• Scheduled interruptions are announced in advance whenever possible.

9. Customer data

• The data that the customer enters in its space BELONGS TO THE CUSTOMER. We use it only to provide the service: we do not currently derive any usage statistics from it for other purposes, and any change on this point would be the subject of an amendment to these terms and conditions, notified with the notice period of article 12.
• Each business has a dedicated database, isolated from those of other customers, hosted in France on infrastructure operated directly by the publisher. Regular backups are carried out; their technical details are not published so as not to weaken the security of the system.
• The processing of the personal data of visitors and customers is described in our privacy policy. The processing of the data that the customer records about ITS OWN CUSTOMERS will be the subject of a data processing annex, which will be communicated to the customer before it becomes enforceable against it. In the meantime, we process this data only to provide the service to the customer and solely on its instructions, we disclose it to no one, and it remains in the database dedicated to its business described in the previous paragraph.
• At the end of the subscription, the customer chooses between the return of its data in a structured, machine-readable format and its deletion; the practical arrangements will be specified in the annex. If no choice is made, an encrypted backup is kept for twelve months — allowing the space to be recovered in the event of a new subscription — and then deleted.

10. Liability and force majeure

• The service is a tool to help with organisation. The production, sales and management decisions taken by the customer, as well as the organisation of its business, are its sole responsibility. The customer retains at all times a means of continuing its business without the service, in particular to take its orders and organise its production.
• Our liability may be engaged only in the event of an established breach of our obligations, and only for the direct damage resulting from it.
• THE FOLLOWING ARE EXCLUDED, AS INDIRECT LOSSES: OPERATING LOSSES, LOSS OF PROFIT, LOSS OF ORDERS, CUSTOMERS OR TURNOVER, LOSS OF MARGIN, DAMAGE TO THE IMAGE OR REPUTATION OF THE BUSINESS, AND ANY LOSS SUFFERED BY A THIRD PARTY, IN PARTICULAR A CUSTOMER OF THE BUSINESS. No compensation is due on these grounds, whether the damage results from unavailability, an error or a failure of the service.
• For direct damage, our liability, all causes combined, is limited to the amount of the sums actually paid by the customer for the subscription during the twelve months preceding the event giving rise to the claim.
• These limitations do not apply in the event of gross negligence or wilful misconduct, in the event of personal injury, or in cases where the law excludes their application. They do not deprive the customer of the refund provided for in article 6 for prolonged unavailability attributable to the publisher.
• Any liability action against the publisher must be brought within one year from the day on which the customer knew or should have known the facts enabling it to bring it.
• Neither party is liable for a failure caused by a case of force majeure within the meaning of article 1218 of the French Civil Code. The following are in particular considered as such, when they are beyond the control of the party invoking them: failure or interruption of telecommunications and Internet access networks operated by third parties; a cut in the electricity supply by the public network operator; failure of a third-party supplier or service provider, in particular the payment provider or domain name services; a cyber attack, in particular by denial of service or intrusion, where reasonable security measures had been implemented; a fire, water damage, lightning, a natural disaster, an epidemic or a decision of the public authorities.
• The party prevented from performing informs the other as soon as possible. The obligations affected are suspended for the duration of the impediment. If it lasts more than thirty consecutive days, either party may cancel the subscription in writing, with no compensation due by either party.

11. Intellectual property

The service, its components and its trademark remain our property. The subscription confers a personal, non-exclusive and non-transferable right of use, for the term of the subscription.

12. Changes to these terms and conditions

We may amend these terms and conditions and their annex. Any amendment is notified to the customer at least TWO MONTHS before it takes effect and gives the customer the right to cancel at no cost before that date. The applicable version, identified by its date at the top of the document, is the one in force on the due date concerned.

13. Complaints

Any complaint may be sent to the email address shown in our legal notice. We acknowledge receipt within five business days and provide a reasoned reply within thirty days.

14. Governing law and jurisdiction

• These terms and conditions are governed by French law.
• WHERE THE CUSTOMER HAS CONTRACTED AS A TRADER (COMMERÇANT), ANY DISPUTE RELATING TO THE FORMATION, INTERPRETATION, PERFORMANCE OR TERMINATION OF THESE TERMS AND CONDITIONS SHALL, FAILING AMICABLE SETTLEMENT, FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF ROANNE (TRIBUNAL DE COMMERCE DE ROANNE), OR OF ANY COURT SUCCEEDING IT, INCLUDING IN SUMMARY PROCEEDINGS, IN THE EVENT OF THIRD-PARTY CLAIMS FOR GUARANTEE OR OF MULTIPLE DEFENDANTS. This clause is agreed in accordance with article 48 of the French Code of Civil Procedure.
• Where the customer is established outside France, the courts of Roanne have sole jurisdiction, insofar as the applicable European regulation or international convention allows.
• In all other cases, the competent court is determined according to the ordinary rules of law.