General conditions of sale
For the application of these General Terms and Conditions of Sale and without prejudice to the terms that are defined in other places in this document, the terms appearing below shall have the meaning given to them by the following definitions:
Subscription: refers to the purchase orders made by the Customer on the “WITTYM.com” site.
GTC: These General Terms and Conditions of Sale.
GCU: the General Terms and Conditions of Use applicable to the “WITTYM.com” site and available on the same site.
Customer: refers to the legal person or the natural person, co-contracting of the Service Provider, intervening in the context of his professional, commercial, industrial, craft or liberal activity.
Customer Account : space dedicated to the Customer on the Platform “app.prod.wittym.com” following his registration and to which he can access using his username and password and within which certain information appears.
Documentation: means the information provided by WITTYM in the form of user documentation on physical or digital media and accompanying the Service.
Customer Data: refers to incoming and outgoing data.
Incoming data: refers to the information (including personal data) entered, filled in, transmitted by the Customer and processed in the context of his use of the Service. The Customer is solely responsible for the accuracy and relevance of the Incoming Data.
Outgoing data: refers to the data resulting from a re-calculation carried out following the use of the Service by the Customer.
Personal Data or Personal Data: means any information directly or indirectly identifying a natural person.
Identifiers: refers to both the user’s own identifier (“login”) and the login password (“password”).
Maintenance: refers to improvements made to existing standard application services accessible under the Service, and decided unilaterally by WITTYM, with regard to functional developments and provided that such adaptations or evolutions do not make it necessary to rewrite a substantial part of the existing standard application services. Maintenance also includes the correction of any anomalies of the Service in relation to the Documentation.
Party(ies): the Customer and WITTYM individually or collectively.
Platform: refers to the service accessible at the URL “app.prod.wittym.com”.
Technical Prerequisites: refers to the versions of browsers essential for the use of the Services, as specified in the Documentation.
Service(s): refers to the application services delivered online in SaaS mode by WITTYM as described in Article XXX The Service is intended for professional use.
Additional services: refers to the additional services that may be provided by WITTYM at the Customer’s request as described in Article 5.2.
Site: the “WITTYM.com” site.
Support: refers to technical assistance in the use of the Service(s).
User: refers to:
the person under the responsibility of the Customer (employee, employee, representative, etc.) and benefiting from access to the Services on his computer by virtue of the subscription to the Services contracted by the Customer.
a service provider, collaborator or co-contractor of the Customer having access to the Services opened by the Customer, in order to collaborate on the Customer’s projects.
WITTYM: the company K.I.D.S A.I’S.
Subscriptions placed by Customers on the Site are governed by these GTC, to the exclusion of all other documents, catalogues, documentation from WITTYM (with the exception of the GTCU), which are communicated for information purposes only and have only an indicative value.
Consequently, the fact of ordering a Subscription on the Site implies the acceptance by the Customer of the GTC. Similarly, the Customer undertakes, during each of his visits to the Site, to respect the GTC and the GTCU.
No special condition may, unless prior written acceptance by WITTYM (in particular under the GTCU), prevail over the GTC. Any contrary condition set by the Customer, appearing in particular in his commercial documents, purchase orders, general conditions of purchase, will be unenforceable against WITTYM in the absence of prior written acceptance on his part.
Unless proven otherwise, the data recorded on the Site constitute proof of all transactions between WITTYM and the Customer.
The fact that WITTYM or the Customer does not avail itself at a given time of any of the clauses of the GTC can in no way be interpreted as a waiver, by WITTYM or the Customer, to subsequently avail itself of any of the said clauses.
WITTYM is free to modify the GTC at any time in order to adapt them to changes in the Site or legislation. The Customer is therefore advised to refer regularly to the latest version of the GTC available on the Site and to cease its use in the event of disagreement with the GTC in force.
If one or more of the clauses of the GTC is or becomes invalid under applicable law, this clause must be considered unwritten, the other clauses remaining in force. Thus, the nullity, cancellation or non-application of one or more clauses of the GTC, for any reason whatsoever, will not result in the nullity of all the GTC. The Parties undertake to consult each other to remedy the cause of nullity found so that the GTC continue.
WITTYM, as part of its duty to inform and advise, has made available to the Customer the necessary documentation on the site, namely video tutorials and a help section within the Site. It is the Customer’s responsibility, in particular on the basis of this information, to ensure the adequacy of the Service to its own needs. To this end, the Customer may, prior to acceptance of the Contract, request from the Service Provider any additional information and/or attend an additional demonstration of the Service, failing which, the Customer acknowledges having been sufficiently informed.
WITTYM will make its best efforts to provide a seamless service. It is expressly agreed between the Parties that depending on updates, upgrades and other types of maintenance WITTYM cannot guarantee the provision of a service without interruption.
Wittym offers for sale Services of:
Upload & create an IFC file
Creating and organizing projects that receive IFC files
Sharing the project with Users with access rights
Visualization of digital models in different formats (3D, 2D, tree structure)
Enrichment of the IFC properties of each object in the building
Manipulation of 3D and 2D digital models with ancillary services (isolate, cut, calculate)
Extraction of data from digital models from analysis services and related export (pdf, Excel)
Creation of a BCF project and sharing with Users with the necessary rights.
Communication with other Users via the BCF project
The purpose of the GTC is to define the respective rights and obligations of the Parties under which a Customer may purchase the Services offered by WITTYM on its Site.
As specified in Article 3 of the GTCU, in order to be able to place a Subscription on the Site, the Customer must have created a Customer Account.
This Customer Account allows the Customer:
To place Orders for services,
To benefit from all the Services corresponding to his Subscription
To administer the Users
To monitor the consumption of the Service des Utilisateurs.
The Customer Account may be closed at the request of the Customer under the conditions provided for in Article 3.3 of the GTCU.
The Customer communicates by email to the address email@example.com:
the name of his company
for each user
identity (surname, first name)
Users’ personal data is stored on a European server , based in Belgium.
The User (surname, first name, telephone number) is identified as a unique User and has a pair of username passwords, communicated by email to the User.
Single User Subscription
Each User has access to the Services through the subscription of a Subscription.
The Customer can place an order for four types of Subscription:
Free 5-day subscription for access to the platform under certain conditions, which Wittym will communicate at the time of this request
Guest subscription paying 9 € HT / month with commitment of 12 months or 19 € HT / month without commitment; any month started is due.
Paid Expert subscription at 59 € HT / month with commitment of 12 months or 99 € HT / month without commitment
Negotiated amount excluding VAT/month with 12-month commitment
The features available by Subscription type are available at the following address: https://wittym.com
A company may decide to subscribe to a Subscription for a multiple number of Users and have different Subscription configurations. The company is responsible for communicating to WITTYM the list of Users concerned by these Subscriptions and for updating this list if one of its Users leaves the company or is replaced by another User.
WITTYM is not responsible for the transfer of work done by a User within its platform to another User. This transfer will be the subject of a service subject to a prior estimate carried out by WITTYM in addition to the Subscription.
The Parties expressly acknowledge that the interaction data of a User with another User will be kept within the Platform. The User account of the Unsubscribed User will be inactivated.
PRICE AND PAYMENT
The Services are invoiced on the basis of the rates in force on the date of placing the Customer’s Order and available on the Site. A possible modification of the rates is therefore without consequence on the price of the Order already placed on the day of the modification.
Rates may be reviewed periodically by WITTYM.
Before the final validation of his Order on the Site, the price of each Service ordered is indicated to the Customer as well as the total price of his order.
Terms of payment
The Services are payable in full and in advance on the day of the Subscription Subscription.
Payment can be made by transfer to the RIB communicated to it by Wittym for subscriptions with commitment and by direct debit for subscriptions without ;
Regarding the payment by “consumption”, the Customer gives an authorization to WYTTIM to proceed after sending an invoice to the withdrawal of the amount corresponding to the volume consumed during the past month.
In the event of non-payment of the volume consumed during a month, WITTYM reserves the right to automatically deactivate the User account.
All payments must be made in euros to WITTYM.
Payments due to WITTYM may not be suspended or subject to any reduction or compensation without the prior written consent of WITTYM. Any payment in the hands of WITTYM shall be charged in priority against the sums due, whatever the cause, starting with those whose exigibility is the oldest.
For any information or question about the Services and/or a delivery, WITTYM customer service is at your disposal from Monday to Friday from 9:30 am to 5:30 pm:
E-mail : firstname.lastname@example.org
Address : 2C chemin de palente – 25000 Besançon – France
WITTYM guarantees the compliance of each Service with its Documentation. WITTYM does not guarantee that the Service is free from any defects or hazards but undertakes to remedy, with all reasonable diligence, the malfunctions of the Service found in relation to its Documentation. This guarantee of conformity cannot be extended to a guarantee of conformity with the specific needs or activity of a Customer or User. WITTYM does not guarantee the ability of the Service to achieve objectives or results that the Customer has set for itself and/or to perform particular tasks that would have motivated it in its decision to conclude this Agreement.
To the extent permitted by law, any warranties other than those expressed in this article are expressly excluded.
WITTYM may develop, modify or organize the Service without the prior written consent of the Customer, provided that this does not reduce the Service Provider’s commitments under this Agreement.
WITTYM is and remains the owner of the property rights relating to any element of the Service made available to the Customer, as well as more generally than to the IT infrastructure (software and hardware) implemented or developed under the Contract.
The Agreement does not confer on the Customer any ownership rights over the content of the Service. The temporary provision of the Service under the conditions provided for in the Contract cannot be analyzed as the assignment of any intellectual property right to the benefit of the Customer.
The Customer is prohibited from reproducing any element of the software, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
The Customer is and remains the owner of all Incoming Data of all kinds, which he uses via the Service as part of the Contract.
The Customer is solely responsible for the quality, lawfulness and relevance of the Data and content it transmits for the purpose of using the Services. He also guarantees to be the owner of the intellectual property rights allowing him to use the Data and contents.
Consequently, WITTYM disclaims all liability in the event of non-compliance of the Data and/or the contents with the laws and regulations, public order or the needs of the Customer. The Customer guarantees WITTYM on first demand against any damage resulting from its being called into question by a third party for a breach of this guarantee. More generally, the Customer is solely responsible for the content and messages disseminated and/or downloaded via the Service.
Use of Customer Data
WITTYM may compile anonymized Customer Data in order to conduct tests, improve the Service and create new services. The Data is combined in such a way that it cannot identify the Client, its projects, designs or any other information that can identify them. The Compiled Data will in no way include the confidential or personal data of the Customer and its Users.
WITTYM thus has a right to use the Outgoing Data.
In addition, this Outgoing Data may be transmitted to third parties, in particular for the following purposes:
compliance with legal or regulatory obligations,
carrying out technical studies.
The Customer may expressly object to the use of his Data for such purposes at the time of the conclusion of the Contract. In the latter case, only Data not yet used by WITTYM on the date of the Customer’s objection will be excluded from processing by WITTYM.
Use of Customer Data for statistical purposes
WITTYM may use the Customer Data to carry out the operations necessary to establish its invoices and usage statistics as well as to provide any explanation concerning the performance of the Service.
Likewise, WITTYM may compile aggregated and anonymized statistical information and may make it public provided that it does not constitute Personal Data.
From the opening to the closing of his Customer Account, the Customer may receive or have access to technical information, information on the Services, plans and strategies, promotions, customers, as well as related information of a non-technical nature that WITTYM considers confidential.
In particular, the following information is considered confidential:
customer information, production, know-how,
information relating to trade secrets and trade marks,
the price lists and discounts granted to the Customer,
and more generally any information communicated by WITTYM declared confidential.
The Customer undertakes to ensure the security of this confidential information by using, in order to prevent its unauthorized use, dissemination or publication, the same degree of precaution (but, in no case, a degree of precaution lower than the reasonable degree) as that to which it resorts for the protection of its own confidential information of a similar nature and value.
Upon closing of the Customer Account, for any reason whatsoever, the Customer undertakes to return free of charge to WITTYM all the documents he has obtained or produced and not to keep any copy. He will justify it by the production of a written certificate of destruction signed by a duly authorized person.
The obligation of confidentiality will continue for a period of three (3) years after the closure of the Customer Account and also covers the information communicated before the signing of the present in the context of the negotiations. It will become null and void if the information becomes public without any intervention by the Party that has received the information or if the information that on the day of its disclosure to the Customer or its knowledge by the Customer is known to the public.
The Customer acknowledges that any breach or breach of its obligations is likely to cause or risk causing irreparable damage to WITTYM and, therefore, acknowledges that, in such an event, the Customer shall be entitled to resort to any measures to protect its interests, without limiting WITTYM’s right to legal action and claim increased damages.
The Customer respects the confidentiality provided for in this article by its employees, subsidiaries and generally all its subcontractors, successors and assigns.
LIMITATION OF LIABILITY
The Services offered on the Site comply with French legislation and Community regulations in force and applicable in France.
WITTYM cannot be held liable in the event of non-compliance with the legislation of the country where the Services are used.
WITTYM cannot be held liable for any delay, poor or non-performance of its obligations, if the Customer does not perform its own obligations and is at the origin of this delay, bad or non-performance of its obligations by WITTYM.
WITTYM can in no way be responsible
any identity theft or unauthorized use of a User’s profile.
Any download of an IFC file by a User without having the rights. WITTYM disclaims any responsibility for the use made of an IFC file exported from the platform.
Any alteration of the source IFC file uploaded to WITTYM following a modification of certain information by the User who owns or invites the Guest User of an IFC project. In such an eventuality, WITTYM may at the request of the User redo a process of extraction of the source file to have an image file corresponding to the expectations of the Guest User.
the result of all services of its platform: it is up to the User to check the consistency of the result with his business expertise
non-accessibility to the platform due to a problem outside the platform
inappropriate behaviour of any User (in particular in exchange for BCF). In such an eventuality, Users are invited to report any inappropriate behavior. The User at the origin of the inappropriate behavior may be excluded from the Site.
Notwithstanding any provision to the contrary, WITTYM shall in no event be held liable for so-called “indirect” damages and in particular, without this list being exhaustive: operating loss, loss of customers, loss of orders or loss of turnover, loss of contracts, commercial damage, loss of profit, consequences of claim or claim made by a third party.
In any event and within the limits permitted by law, in the event that WITTYM’s liability is retained, the total amount of compensation that WITTYM may be required to pay to the Customer may not exceed the sale price of the Services concerned invoiced to the Customer, regardless of the legal basis of the claim and the procedure used to bring it to fruition.
Any compensation will only be made by WITTYM upon presentation by the Customer of the corresponding invoice for the Services.
The Customer undertakes to take out an insurance policy guaranteeing his professional civil liability for all activities and obligations arising from the purchase of Services from WITTYM.
The Customer undertakes to maintain this policy until the closure of his Customer Account and to provide proof on request to WITTYM, by providing him with a certificate from his insurers listing the guarantees subscribed, their amount and their period of validity.
Any modification, suspension or termination of this insurance policy, for any reason whatsoever, must be reported to WITTYM as soon as possible.
The Parties shall not be deemed to have failed to fulfil their obligations if they are prevented from performing all or part of them following a case of force majeure as defined by the Civil Code and the jurisprudence of the French courts, provided that the defaulting Party informs the other Party, by registered letter with acknowledgment of receipt, as soon as possible of the occurrence of the event and justifies the character of force majeure.
The obligations of the Parties shall be suspended for the duration of the force majeure. The defaulting Party shall use all its efforts to limit the duration and effects of the cause of force majeure.
However, in the event that the event of force majeure extends beyond eighty (90) calendar days, each of the Parties will be entitled to request the closure of the Customer Account and cancellation of orders in progress and automatically with immediate effect the Contract by sending a registered letter with acknowledgment of receipt.
The Subscription is renewed by tacit renewal by periods of one year for subscriptions with commitment and by period of one month for subscriptions without commitment unless denunciation by one or the other of the Parties, by registered letter (paper or electronic) with a vis of receipt, subject to compliance with a notice of one month before the expiry date.
Each Party may terminate the Subscription:
subject to one (1) month’s notice prior to the anniversary date of the Subscription
in the event of unresolved misconduct within 7 days of receipt of a registered letter with acknowledgment of receipt giving notice to the offending Party to comply with its obligations.
In the event of termination of the contractual relationship, whatever the cause, WITTYM undertakes to return to the tariff in force at the time of the notification of reversibility, at the first request of the latter made within a maximum period of 1 (one) month from the date of termination of the contractual relationship, by registered letter with notice of receipt, or by email to customer service, and within 30 (thirty) days on the date of receipt of this request, all the Data belonging to it in a standard format readable without difficulty in an equivalent environment or destroy them, at the customer’s choice.
It is expressly agreed between the Parties that the destruction of a file is only possible in the event of asingle User. In case of content shared between several Users, the file cannot be deleted.
The Customer may in any case recover all of his Data via the API himself and at any time during the contractual relationship.
At the Customer’s request, WITTYM may provide additional technical assistance services to the Customer and/or the third party designated by the Customer, as part of the reversibility. These assistance services will be invoiced at the Service Provider’s rate in force at the time of notification of reversibility.
DATA PROTECTION – PRIVACY
The provisions relating to the Customer’s personal data are those referred to in Article 2 of the legal notices of the Site available on the Site.
The Customer authorizes WITTYM to use the Customer’s name and logo free of charge as a commercial reference and for its internal and external communication needs, whatever the medium, paper or digital, throughout the duration of this Agreement.
APPLICABLE LAW – JURISDICTION
These GTC are subject to French law, both for the substantive rules and for the rules of form.
In the event of any dispute or dispute whatsoever (hereinafter “Dispute”) between the Parties, within the framework of or as a result of the GTC and/or a Subscription, in particular with regard to its interpretation, execution, non-performance or termination, the Parties will endeavor to settle the Dispute by amicable discussions extending over a period of thirty (30) days, subject to the extension of this period by mutual agreement between the Parties.
In the absence of an amicable agreement between the Parties at the end of the period of discussions mentioned above, the resolution of the Dispute will be the exclusive jurisdiction of the Courts of PARIS, even in the event of summary proceedings, warranty appeals or multiple defendants.
During the duration of a Dispute or throughout the legal proceedings relating to such Dispute, each Party will continue to fulfil its obligations under the Contract (unless otherwise agreed during the period mentioned above or impossibility with regard to the subject matter of the Dispute).