Hublyd Terms of Sale

The Terms of Sale apply to any paid subscription to Hublyd Services, including the Warm Up, Podium, Champion plans or any other paid plan, add-on, additional usage or associated service offered by Hublyd. Free plans, free trials and accounts without payment are governed by the Terms of Use. The Terms of Sale become applicable when the Client subscribes, renews, upgrades, adds users or purchases a paid option. The Client declares that they are acting for professional purposes. The Services are reserved for professionals, companies, associations, public bodies, schools, independent contractors and organisations. Consumer protection rules do not apply.

The applicable contractual documents may include, depending on the case, specific conditions accepted in writing by Hublyd, a quote, a purchase order accepted by Hublyd, these Terms of Sale, the Terms of Use, the Data Processing Addendum and the Privacy Policy. In the event of conflict, specific conditions accepted in writing by Hublyd prevail over the Terms of Sale. The Terms of Sale prevail over the Terms of Use for commercial, payment, subscription, SLA and contractual liability aspects relating to paid plans. At present, subscriptions are primarily completed online via Stripe. A signed quote only prevails over the Terms of Sale if it has been expressly accepted by Hublyd.

Hublyd offers in particular the Kickoff, Warm Up, Podium and Champion plans. Kickoff is a free or limited trial plan. Warm Up, Podium and Champion are paid or on-demand plans according to the terms displayed by Hublyd. The features, quotas, limits, options, additional usage rates and conditions applicable to each plan are those shown on the pricing page, the subscription interface, the Stripe checkout or the specific conditions applicable at the time of subscription or renewal. Limits may apply in particular to the number of client references, AI generations, translations, post creations, exports, users, options or other features. Quota overages may result in a block, an invitation to upgrade or the application of paid options if these are offered and accepted. Where certain features or plans are presented as unlimited, they remain subject to reasonable, fair use consistent with the normal purpose of a professional SaaS platform. Hublyd may limit or suspend excessive, abusive, automated or disproportionate use.

Subscriptions are primarily completed via Stripe Checkout, with immediate payment followed by creation or activation of the subscription. Effective payment is a condition of access to the paid plan. Hublyd may refuse, suspend or cancel an order or subscription in the event of fraud, prior non-payment, prohibited use, manifest error, legal risk, technical impossibility, breach of the Terms of Use or Terms of Sale, or a request from a competent authority. Client purchase orders are not accepted unless Hublyd has given prior written consent. The Champion plan or any customised plan may be subject to specific conditions if expressly accepted by Hublyd.

Prices are shown in euros inclusive of all taxes unless otherwise stated. Details of applicable taxes are displayed at the time of payment, in particular via Stripe. The primary currency is the euro. Stripe may manage payment methods and, where applicable, certain conversion or display aspects depending on the Client's location. Where several billing periods are available, the monthly and annual rates may differ. The annual rate may correspond to a reduced monthly price billed in a single payment for the annual period. The applicable price is the one shown to the Client at the time of subscription or renewal. Hublyd may modify its prices. Any price change applies to the next renewal or any new order, unless specific conditions provide otherwise. The Client may cancel their subscription before renewal if they do not accept the new price.

Payments are processed by Stripe. Hublyd does not store the Client's complete banking details. The Client must provide accurate, current and valid payment information. Invoices are available in the client account or via tools made available by Stripe. The Client is responsible for retrieving, verifying and retaining their invoices. In the event of a declined payment, access to the paid plan may not be activated, may be suspended or may be terminated after notifications or payment attempts according to Stripe's procedures. The Client must maintain a valid payment method throughout the subscription period. For online payments, access is conditional on effective payment. For any invoice issued outside Stripe, late payment penalties may apply in accordance with applicable law, as well as any mandatory recovery indemnity in B2B transactions where applicable.

Subscriptions are entered into for the period chosen by the Client, monthly or annual depending on available plans. Subscriptions renew automatically at each expiry date unless cancelled by the Client before renewal. No advance notice of non-renewal is required where the interface allows cancellation. The Client may cancel their subscription at any time from their profile or the relevant section. Cancellation takes effect at the end of the current subscription period. The Client retains access to the paid features until the end of the current period, except in the event of suspension or termination for cause, non-payment, fraud, security risk or breach of contractual documents. Unless otherwise stated or where mandatory provisions apply, amounts paid are non-refundable and no pro-rata refund is due in the event of cancellation or non-use of the Service.

Adding users or upgrading may result in an immediate pro-rata charge. Removing users or downgrading takes effect at the next billing date, unless a credit mechanism is applied automatically by Stripe. No pro-rata refund is due upon termination of the subscription. Switching from monthly to annual billing may be permitted with immediate recalculation or pro-rata adjustment. Switching from annual to monthly billing is not available unless Hublyd decides otherwise or specific conditions provide for it.

Hublyd may offer free trials, free plans or limited features. A free trial does not automatically convert to a paid subscription unless the Client explicitly accepts a paid plan. Free plans, free trials, beta or experimental features are provided as-is, without SLA, without any guarantee of availability, continuity, performance or indefinite data retention, within the limits permitted by law. Hublyd may modify, limit or discontinue a free or beta plan, subject to compliance with applicable legal obligations.

Support is provided by email at contact@hublyd.com or any other address indicated by Hublyd. Indicative support hours are 9am–6pm CET Time on business days, with a target response time of 24 hours, unless a specific plan or specific conditions apply. Hublyd may carry out planned maintenance with a target notice of 48 hours where reasonably possible. Emergency maintenance may be carried out without notice in the event of security issues, technical incidents, vulnerabilities, legal risks or operational necessity. Hublyd may evolve the Services, fix, modify, replace or remove certain features, provided it does not substantially remove the essential features of a paid subscription during the current period, except where required by technical, legal, security or third-party provider constraints.

The Client may export their data in available formats, in particular Excel where this feature is offered. Hublyd may evolve the available export formats. Following termination, Hublyd deletes or anonymises data within a reasonable timeframe, subject to legal retention obligations, technical constraints related to backups and the need to retain certain technical, accounting or security logs. Subject to its mandatory obligations regarding personal data and confidentiality, Hublyd shall not be liable for loss or alteration of data resulting from misuse of the Service, deletion by the Client, incorrect configuration, inappropriate sharing, failure to export in advance or an incident attributable to a third party.

Processing of personal data by Hublyd is described in the Privacy Policy. Where Hublyd processes personal data on behalf of the Client, the applicable conditions are set out in a Data Processing Addendum, available on request or accessible from the website once published. The Client authorises Hublyd to use third-party providers necessary for the provision of the Services, in particular for hosting, database, storage, DNS, authentication, payment, artificial intelligence, secrets management, geocoding and media content. The list of main providers may be available in the DPA or Privacy Policy.

The Client undertakes to use the Services fairly, lawfully, in accordance with their purpose and third-party rights. The Client is responsible for their users, guests, administrators, access settings, content, exports, publications, commercial decisions and use of generated outputs. The Client warrants that they hold all rights, authorisations and consents necessary to import, store, process, share, translate, adapt, publish or exploit the client references, logos, trade names, testimonials, quotes, client cases, images, documents and information they enter in the Services. Unless Hublyd has given prior written consent, the Client must not process or transmit via the Services any sensitive data, health data, biometric data, criminal data, data relating to minors, critical trade secrets or data subject to specific restrictions.

Certain features rely on artificial intelligence services, in particular OpenAI. Content, queries or instructions submitted by the Client or their users may be transmitted to these providers solely to deliver the requested responses, suggestions, analyses, translations or outputs. Hublyd does not use Client Content to train its own artificial intelligence models. Third-party AI providers must not use transmitted data to train their models where this limitation is provided for in applicable contractual or technical conditions. AI outputs are provided as assistance for creating, translating, reformulating, adapting or preparing content. They may be incomplete, inaccurate, irrelevant or inappropriate. The Client remains solely responsible for verifying, validating and using them before any distribution, publication, commercial presentation, transmission to a third party or contractual use.

The Services may rely on third-party providers such as Vercel, Railway, Neon, Cloudflare, Cloudflare R2, OpenAI, Stripe, Doppler, Unsplash, OpenCage and Google Login. These providers may be necessary for hosting, availability, security, payment, content provision, geocoding or AI features. Hublyd shall not be liable for interruptions, limitations, errors, tariff modifications, changes in conditions, slowdowns or unavailability attributable to these third-party providers, unless there is a contrary mandatory provision or proven fault on the part of Hublyd.

Each Party undertakes to keep confidential the non-public, technical, commercial, financial, strategic or contractual information of the other Party that it becomes aware of in connection with use of the Services. Hublyd undertakes not to use Client Content for commercial, marketing or external communication purposes without the Client's express authorisation. This obligation does not preclude processing strictly necessary for providing, securing, maintaining, supporting, debugging, operationally improving the Services, legal obligations or defending Hublyd's rights.

Hublyd undertakes to provide the Services with due diligence and in accordance with reasonable standards applicable to a professional SaaS platform. However, the Client acknowledges that the Services rely on infrastructure, software, networks, technical providers and third-party services, and cannot be guaranteed to be free from interruptions, errors, slowdowns, temporary loss of access or unavailability. In particular, Hublyd shall not be liable for direct or indirect consequences of: temporary or permanent inability to access the Services; a slowdown, error, interruption or unavailability of the Services; the failure, delay or degradation of a commercial presentation, event, trade show, client meeting, demonstration, negotiation or prospecting operation; the loss of a client, prospect, commercial opportunity, contract, deal or chance to close a sale.

Subject to the exceptions below and applicable mandatory legal provisions, Hublyd's total cumulative liability is limited to the total amount actually paid by the Client to Hublyd for the Services concerned during the six (6) months preceding the event giving rise to the damage. Where the Client uses a free plan, trial version, beta feature or feature made available without specific payment, Hublyd's total liability for such use is limited, to the extent permitted by law, to one hundred (100) euros.

The limitations and exclusions of liability set out herein do not apply in the event of fraud, gross or wilful misconduct by Hublyd, proven breach of confidentiality obligations, proven breach of personal data protection obligations, or in any other case where liability cannot lawfully be limited or excluded.

Any claim relating to an incident, unavailability, error or malfunction must be notified to Hublyd within fifteen (15) days of its discovery, with all elements enabling its reality, duration and alleged consequences to be assessed.

Hublyd may suspend or terminate all or part of access to the Services in the event of non-payment, fraud, prohibited use, breach of the Terms of Use or Terms of Sale, security risk, unlawful content, infringement of third-party rights, authority request, significant legal or reputational risk. Except in emergencies, serious fault, fraud, security risk or legal obligation, Hublyd may notify the Client and allow a reasonable period to remedy the breach.

Hublyd shall not be liable for any delay or failure resulting from an event beyond its reasonable control, including natural disaster, fire, flood, war, terrorism, riot, strike, internet or network outage, power failure, regulatory decision, cyberattack, denial-of-service attack, vulnerability requiring emergency maintenance, or incident affecting a cloud provider or essential third-party service.

Hublyd retains all intellectual property rights over the Services, software, interfaces, trademarks, logos, methods, documentation, workflows, designs and technical or functional elements. No ownership right is transferred to the Client. The Client retains their rights over their Client Content, subject to the technical licence necessary for Hublyd to provide, maintain, secure and operationally improve the Services.

Hublyd may amend the Terms of Sale. The new Terms of Sale apply to new subscriptions and renewals occurring after they come into force. In the event of a material change applicable to a current subscription, Hublyd will notify the Client by any appropriate means.

The Terms of Sale are governed by French law. The Parties undertake to seek an amicable resolution to any dispute for a period of forty-five (45) days from written notification of the dispute. In the absence of an amicable agreement, any dispute relating to the Terms of Sale, paid Services, subscriptions, billing or contractual liability shall be submitted to the competent courts of Paris for B2B disputes, unless mandatory provisions provide otherwise.

The Terms of Sale are written in French. In the event of translation, only the French version shall prevail.

Any questions regarding the Terms of Sale, billing or subscriptions may be addressed to Hublyd at the following address: contact@hublyd.com