These General Terms and Conditions of Sale (“GTCS”) define the conditions under which BIGSOOL sells ARCHIPAD products and the Synchronization Option service on its website. Placing an order implies irrevocable and unconditional acceptance of these GTCS, which may be subject to change. The applicable conditions are those in force on the date of the Client’s order. All supply of goods and service provisions by BIGSOOL to Clients are subject to the General Conditions detailed below.

For the purposes of these General Terms and Conditions of Sale (hereinafter “GTCS”), the Client and BIGSOOL are individually or collectively referred to as the “Party” or the “Parties”.

Article 1: Purpose

These General Terms and Conditions of Sale are intended, on the one hand, to inform any potential Client of the terms and conditions under which BIGSOOL sells and provides access to ARCHIPAD products and the Synchronization Option services, and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of products and services by BIGSOOL to professionals (hereinafter the “Client”). They apply, without restriction or reservation, under the conditions set out in these GTCS, to all sales of ARCHIPAD products and Synchronization Option services offered by BIGSOOL on its ARCHIPAD website available at: www.archipad.com and via the “Appstore” and “Playstore” services in the form of a mobile application for use on compatible iOS and Android devices (hereinafter the “Site”).

The GTCS are accessible at any time via a link at the bottom of the Site and on the order validation page.

BIGSOOL invites the Client to download and save them.

Before payment and to validate their Order, the Client must read and accept the GTCS via a checkbox, made available in a form that allows their retention and reproduction. BIGSOOL reserves the right to modify these General Terms and Conditions of Sale at any time. However, the GTCS applicable to the Order are those accepted by the Client at the time the Order is placed.

These GTCS are supplemented by the Site’s General Terms of Use as well as the “Personal Data and Cookies” policy.

Article 2: Seller identity

Name: BIGSOOL SAS
Address: BUSINESS POLE 2, 1047 ROUTE DES DOLINES, 06560 VALBONNE
Country: France
SIREN: 521 810 119
Phone: +33 4 27 86 84 60
Sales department (Mon–Fri, 9am–12pm & 2pm–6pm): +33 4 22 13 10 14
Email: sales@archipad.com

Article 3: Formation of the contract and orders

3.1 Prices

Prices for ARCHIPAD products and Synchronization Option services (hereinafter products and services), indicated in euros excluding tax per month or annually, are those in effect at the time the Order is placed. Product and service prices may be changed by BIGSOOL at any time before the Order and will apply once posted on the Site.

The GTCS may be amended at any time by BIGSOOL. Such changes will not affect Orders already placed. Clients are advised to regularly consult the GTCS on the Site.

3.2 Product and service features

Products and services offered by BIGSOOL comply with current French legislation and applicable standards in France. To use the application, the Client must have an internet connection with sufficient bandwidth for synchronization and an iPad running the current or previous iOS version.

Before placing an Order, the Client may consult the Site for the essential characteristics of the product(s) they wish to order. For questions about the products/services and their use, or for further advice, the Client may contact BIGSOOL’s technical support, sales or training services:

• Technical support (Mon–Fri, 9am–12pm & 2pm–5:30pm)
  Phone: +33 4 22 72 01 55
  Email: support@archipad.com
• Sales department
  Phone: +33 4 22 13 10 14
  Email: sales@archipad.com
• Training department
  Phone: +33 4 93 71 00 54
  Email: formation@archipad.com

3.3 Non-exclusive license of use

Products and services may be used under a non-exclusive license granted by BIGSOOL, the intellectual and industrial property rights holder, for the duration and geographical area specified in the selected offer. This license does not transfer intellectual or industrial property rights from BIGSOOL to the Client.

This personal, non-transferable license is granted in consideration of the Client’s identity and may only be used during the subscription period and in the corresponding geographical area.

Product and service use is described in the General Terms of Use.

3.4 Order

Before confirming the Order, the Client can review and correct any errors. The GTCS and the General Terms of Use must be accepted. The contract is concluded once the Client confirms their Order by making payment online or by bank transfer. This confirmation constitutes acceptance of the Order content, the features of the product(s)/service(s), and acknowledgment of the payment obligation.

Order confirmations and correspondence will be sent to the email address provided by the Client. BIGSOOL is not responsible for errors in the provided address or email delivery issues not attributable to it. In such cases, the sale is final.

The Client may exercise their right of withdrawal under the conditions set out in Article 6.

BIGSOOL reserves the right to collect the full Order amount and suspend or cancel execution/delivery of any Order in case of payment issues, fraud, or fraud attempts related to the Site, including prior Orders.

Article 4: Payment

The Client may pay via:

• Check payable to BIGSOOL
• Bank transfer
• Credit card (CB, Visa, MasterCard) for Synchronization Option subscriptions via a secure payment system

The Client guarantees they have authorization to use the chosen payment method. A paid invoice can be requested regardless of payment method.

BIGSOOL may suspend/cancel any Order due to non-payment or previous payment issues. Bank rejections incur a €20 fee.

Late payments are subject to penalties equal to three times the legal interest rate from the first day of delay, plus a €40 recovery fee.

Article 5: Access time to products and services

Ordered products/services are made available within 24 hours of payment receipt, except on Fridays when access is granted on Monday.

Article 6: Right of withdrawal

As BIGSOOL’s products/services are for professionals, the consumer withdrawal right does not apply. However, the Client may request a refund within 14 days. Justified requests must be sent to sales@archipad.com. BIGSOOL will respond within 5 working days to evaluate the request.

Article 7: Retention of title

BIGSOOL retains full ownership of sold products until full payment is received, including principal, fees, taxes, and contributions.

Article 8: Intellectual property

The ARCHIPAD brand and all other trademarks, visuals, images, logos, and content (including but not limited to the GTCS and General Terms of Use) remain the exclusive property of BIGSOOL or the respective rights holders.

Any total or partial reproduction, modification, or use of any content without prior written consent is strictly prohibited. This includes copyrights, designs, and patents used on the Site.

Article 9: Proof of order

BIGSOOL implements technical and organizational measures to secure Clients’ personal information. Clients are responsible for securing their login credentials.

Transactions made using a Client’s credentials are presumed valid. Electronic records maintained by BIGSOOL will serve as proof of communications, Orders, and payments.

The Parties agree that digital data exchanged between them is admissible and binding.

Article 10: Liability

10.1 Legal capacity

By placing an Order, the Client declares they have full legal capacity. BIGSOOL is not liable for verifying legal capacity. Legal representatives are responsible for Orders placed by legally incapable persons.

10.2 Force majeure

BIGSOOL is not liable for non-performance due to force majeure (as defined by article 1218 of the French Civil Code), including third-party acts or Client fault.

Article 11: Personal data processing

BIGSOOL collects personal data from the Client and, where applicable, the Order recipient. Processing terms are detailed in the Site’s “Personal Data and Cookies” policy.

Article 12: Modifications

BIGSOOL may amend these GTCS at any time. Clients are advised to regularly read the GTCS, Legal Notice, General Terms of Use, and Personal Data and Cookies Policy. The applicable GTCS are those in force at the time of Order.

Article 13: Miscellaneous

13.1 Partial invalidity

If any provision of the GTCS is deemed invalid, the remaining provisions will remain in full force.

13.2 No waiver

Failure by one Party to enforce a provision does not constitute a waiver of that provision in the future.

13.3 Governing law and jurisdiction

Orders and the contract between BIGSOOL and the Client are governed by French law. In case of disputes, the Parties will attempt to reach an amicable solution within 15 days of notification. Failing that, a mediator will be appointed, with fees shared equally. If mediation fails, the matter will be referred to the competent court.

Updated on 19.02.2025