Terms and Conditions of Sale

1. Purpose

These Terms and Conditions of Sale (hereinafter "TCS") define the terms of access to and use of the SaaS software published by Folkyn SAS, designed to enable businesses to manage their pool of freelancers.

This software (hereinafter the "Software") notably enables:

identity verification of freelancers (KYC),
creation and assignment of missions,
electronic signing of contracts,
mission tracking via activity reports,
generation of invoices or expense reports,
tracking of IT tools and access provided to freelancers,
an activity reporting tool.

2. Service Description

The Software is accessible via a secure online platform. It offers two types of access:

Team Administrator: user with full rights (user management, configuration, access to global data, full reporting),
Team Member: user with restricted rights (viewing, mission management within authorized scope).

Each subscription entitles you to a determined number of users, as specified in the order.

3. Subscription Terms

3.1 Duration and Renewal

The contract is entered into for an initial period of one (1) year, renewable by tacit renewal unless either party gives notice of termination with thirty (30) days' notice before expiration.

3.2 Pricing

The service price is defined in the order form accepted by the Client. It may include:

a monthly or annual subscription based on the number of users,
possible installation or configuration fees,
additional services (advanced support, training, etc.).

3.3 Payment Terms

Payments are made upon receipt of invoice, by direct debit or bank transfer. Any late payment will result, without prior formal notice, in penalties calculated at the applicable legal rate.

4. Client Obligations

The Client agrees to:

provide accurate and up-to-date information,
use the Software in accordance with the documentation provided,
ensure the confidentiality of login credentials,
respect copyright and intellectual property rights relating to the Software,
not compromise the integrity or proper functioning of the platform.

5. Folkyn SAS Obligations

Folkyn SAS agrees to:

ensure access to the Software 24/7, except for scheduled maintenance interruptions,
ensure the security, confidentiality and backup of processed data,
correct as soon as possible any blocking malfunction reported by the Client.

6. Intellectual Property

The Software and all associated elements (source code, interfaces, documentation, etc.) are the exclusive property of Folkyn SAS and are protected by applicable laws. No transfer of rights is made under this contract.

7. Personal Data

In the context of using the Software, personal data may be processed on behalf of the Client. Folkyn SAS acts as a data processor within the meaning of the GDPR.

8. Liability

Folkyn SAS cannot be held liable for:

indirect damages (loss of business, loss of revenue),
non-compliant use of the Software by users,
interruptions related to the Internet network or external causes (force majeure).

Folkyn SAS's liability is in any case capped at the total amount paid by the Client over the last 12 months.

9. Termination

Either party may terminate the contract in the event of a serious breach not remedied within thirty (30) days from the written notification of the breach.

10. Confidentiality

The parties agree to keep strictly confidential all information exchanged in the course of performing the contract, for its entire duration and five (5) years after its termination.

11. Applicable Law – Jurisdiction

These TCS are governed by French law. In the event of a dispute, the parties will endeavour to resolve their disagreement amicably. Failing that, the courts of Bordeaux shall have jurisdiction.

12. Amendment of the TCS

Folkyn SAS reserves the right to amend these TCS at any time. The Client will be informed of any amendment at least 30 days before it takes effect.