3.1. Registration

To use the Application, the Customer must create an administrator account ("Organization") and provide accurate and up-to-date information (name, company name, valid email address).

3.2. Free Trial Period

The Provider may grant the Customer a free trial period, the duration of which is specified on the website at the time of registration (for example, 14 days). This trial period is granted strictly for the purpose of evaluating the service.

3.3. End of the Trial Period

At the end of the trial period, access to the Application will be automatically suspended. To continue using the service, the Customer must actively subscribe to a paid Subscription by providing a valid payment method. Under no circumstances will the Provider automatically convert a free trial account into a paid subscription without the Customer's express consent.

4.1. Term

The Subscription takes effect on the date of subscription for the term chosen by the Customer (generally monthly or annual).

4.2. Automatic Renewal

At the end of its initial term, the Subscription automatically renews for successive periods of the same duration, unless terminated by either Party.

4.3. Termination by the Customer

The Customer may terminate its Subscription at any time directly from the account administration interface within the Application. Termination will take effect at the end of the current billing period. No prorated refund will be issued for a period already begun.

4.4. Termination for Breach

In the event of a serious breach by either Party of its obligations under this Agreement (in particular, non-payment by the Customer), the other Party may terminate the Agreement as of right, fifteen (15) days after sending a formal notice that has remained without effect, without prejudice to any damages.

5.1. Access

The Provider grants the Customer a personal, non-exclusive, and non-transferable right to access the Application. Access is provided via the Internet. Equipment (computers, smartphones) and telecommunications costs enabling access to the Application remain the Customer's sole responsibility.

5.2. Availability

The Provider undertakes to use its best efforts (a best-efforts obligation) to ensure the Application's availability 24 hours a day, 7 days a week. However, access may be temporarily suspended for maintenance, updates, or in the event of force majeure. The Provider will endeavor to keep such interruptions to a minimum and, where possible, to notify the Customer in advance.

5.3. Security of Credentials

The Customer is solely responsible for safeguarding, keeping confidential, and using the credentials (emails, passwords) assigned to its Users. Any action performed on the Application using the Customer's credentials is deemed to have been performed by the Customer.

6.1. Pricing and Plans

Use of the Application is billed according to the rates in effect as shown on the Provider's website or on the order form. Prices are expressed in euros and are exclusive of tax. The Subscription price depends on the usage limits chosen by the Customer (number of Users, volume of SMS/calls/emails, etc.). Any excess beyond these limits may be subject to additional billing at the rates then in effect.

6.2. Billing and Payment

The Subscription is billed and payable in advance (monthly or annually, depending on the Customer's choice). Billing and payments are handled exclusively and securely via the payment provider Stripe. The Customer expressly authorizes 5SOFT, through Stripe, to charge its payment method upon each renewal of the Subscription. Invoices are issued and made available to the Customer directly from the account administration interface.

6.3. Late Payment

In accordance with the legislation applicable between professionals (B2B), any late payment will automatically result, without prior formal notice, in:

• The immediate payability of all outstanding amounts;
• The application of late payment penalties calculated at a rate of three (3) times the statutory interest rate in effect;
• The application of a fixed recovery cost indemnity of forty (40) euros;
• The Provider's right to suspend access to the Application until full payment is made, after having informed the Customer.

6.4. Price Changes

The Provider reserves the right to modify its rates at any time. The Customer will be notified by email at least thirty (30) days before the new rates take effect. If the Customer does not accept these new rates, it may terminate its Subscription before they take effect. Otherwise, the new rates will apply at the next billing cycle.

7.1. Lawful Use

The Customer undertakes to use the Application fairly, in accordance with its intended purpose (on-call, alert, and crisis management), and in compliance with applicable law. It is strictly prohibited to use the Application to send unsolicited messages (spam), distribute unlawful, threatening, or defamatory content, or to attempt to compromise the security of the Provider's IT systems (viruses, web-scraping, etc.).

7.2. Consent of Alert Recipients

The Customer is solely responsible for the accuracy of the contact details (phone number, email) entered into the Application. The Customer warrants to 5SOFT that it has obtained the express consent of each Alert Recipient to receive notifications (SMS, calls, emails) via the Platform, and that it manages any opt-out requests from its personnel. The Customer indemnifies 5SOFT against any third-party claim in this respect.

7.3. Suspension for Breach

In the event of a breach by the Customer of any of the obligations set out in this Article, the Provider reserves the right to immediately suspend access to the Application without prior notice, without the Customer being entitled to claim any compensation, and without prejudice to any damages.

8.1. 5SOFT's Property

The Astry Application, its architecture, source code, interfaces, as well as the trademarks, logos, and all graphic or technical elements comprising it, are the exclusive property of 5SOFT. This Agreement does not grant the Customer any ownership rights over the Application, but merely a temporary right of use. Any reproduction, modification, or reverse engineering is strictly prohibited.

8.2. Customer's Property

The Customer remains the exclusive owner of all Customer Data (including information about its staff and Alert Recipients) entered into the Application. The Customer grants 5SOFT a right to use this data solely for the purpose of performing this Agreement (in particular, for sending notifications).

9.1. Limitation of Liability

5SOFT's liability in connection with the performance of this Agreement may only be incurred in the event of proven fault. In any event, 5SOFT shall in no case be held liable for indirect damages suffered by the Customer (such as loss of operation, loss of revenue, loss of opportunity, reputational harm, or the consequences of a poorly managed crisis).

9.2. Liability Cap

Should 5SOFT's liability for direct damage be established by a competent court, the maximum compensation that may be claimed by the Customer shall be expressly limited to the total amount paid by the Customer to 5SOFT during the twelve (12) months preceding the event giving rise to the damage.

9.3. Force Majeure

Neither Party shall be held liable for any delay or failure to perform its obligations resulting from an event of force majeure, as defined by French case law (including, in particular, a widespread Internet outage, a major external cyberattack, or a failure of telecommunications networks).

11.1. Governing Law

This Agreement is exclusively governed by, interpreted, and enforced in accordance with French law. In the event of translation into another language, only the French version shall prevail in the event of a dispute.

11.2. Jurisdiction

Any dispute relating to the validity, interpretation, or performance of this Agreement that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Commercial Court of Tours (Tribunal de Commerce de Tours, 37000, France), including in the case of interim proceedings, third-party proceedings, or multiple defendants.