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General Terms and Conditions of Sale and Use

These General Terms and Conditions of Sale and Use ("General Terms and Conditions") define the conditions under which BIGSOOL makes the ARCHIPAD software available to the Client and specify the conditions for access and use of this work monitoring application.

The use of ARCHIPAD implies the irrevocable and unreserved acceptance of these General Terms and Conditions, which may be subject to modification.

For the purposes of these General Terms and Conditions, the Client and BIGSOOL are individually or collectively referred to as the "Party" or the "Parties".

ARTICLE 1: PURPOSE

1.1- The purpose of these General Terms and Conditions of Sale and Use is to:

  • Inform about the subscription conditions for using ARCHIPAD, and its conditions of use;

  • Define the rights and obligations of the Parties in connection with the sale and use of ARCHIPAD, offered to professionals (hereinafter the "Client") by BIGSOOL on its ARCHIPAD Site accessible at the following address: www.ARCHIPAD.com (hereinafter the "Site");

  • Guarantee the Client's knowledge, prior to any subscription to an ARCHIPAD subscription, of their rights and obligations, as well as those of BIGSOOL resulting from the commercial relationship based on the use of ARCHIPAD.

1.2- These General Terms and Conditions must be expressly consented to before any use of ARCHIPAD.

1.3- BIGSOOL reserves the right to modify these General Terms and Conditions at any time. Any lack of acceptance of the modifications blocks access to the application. Any refusal prevents the renewal of the subscription.

1.4- These General Terms and Conditions are supplemented by the General Terms of Use of the Site as well as the "Personal Data and Cookies Policy".

ARTICLE 2: IDENTITY OF BIGSOOL, supplier of ARCHIPAD

Name: BIGSOOL SAS

Address: BUSINESS POLE 2, 1047 ROUTE DES DOLINES, 06560 VALBONNE

Country: France

Siren: 521 810 119

Tel: +33 4 27 86 84 60

Sales Department: Monday to Friday from 9 am to 12 pm and from 2 pm to 6 pm

Tel: + 33.4.22.13.10.14

E-mail: sales@ARCHIPAD.com

ARTICLE 3: DEFINITIONS

Multi-seat subscription: Subscription grouping several licenses to use the ARCHIPAD software. Each license authorizes the use of the software by a distinct user.

Client: Legal entity that has subscribed to a monthly or annual subscription. It holds a license to use ARCHIPAD for a renewable duration of one month or one year.

User Account: Account created for the use of ARCHIPAD during the 30-day free trial period, for the offer with a commitment to a one-year subscription.

Client Account: Account created by the holder of a license to use ARCHIPAD. If the User, at the end of the trial period, subscribes to a one-month or one-year subscription, their user account is automatically transformed into a Client account.

ARCHIPAD Trial Period: A 30-day period allowing the testing of the various features of ARCHIPAD free of charge, solely on the ARCHIPAD website.

User: Person using ARCHIPAD without having subscribed to a subscription or being the holder of the operating license. A legal entity testing the software during the trial period, or a legal entity authorized by the Client, is considered a user.

ARTICLE 4: CHARACTERISTICS OF ARCHIPAD, work monitoring solution

4.1- Description of ARCHIPAD

ARCHIPAD is a software solution published by the company BIGSOOL, accessible in SaaS mode, intended for real estate professionals, notably developers, project owners (maîtres d'ouvrage), and asset managers.

It allows for the centralization, organization, and tracking of all data, documents, and processes related to real estate operations throughout their lifecycle, from design to delivery and post-delivery tracking.

The solution notably offers features for document management, operations tracking, collaboration between stakeholders, as well as tools dedicated to the management of punch lists (réserves), defects, and post-delivery interventions, including for real estate properties and lots owned by buyers.

ARCHIPAD constitutes a tool to assist in the management and coordination of real estate projects, without substituting for the legal, contractual, or regulatory obligations of users.

4.2- ARCHIPAD Users

The ARCHIPAD work monitoring solution is intended for professional users to optimize the management of their activities.

It is particularly aimed at the following professionals:

  • Architects

  • Project Owners (Maîtres d'ouvrage)

  • Project Managers (Maîtres d'œuvre)

  • Real Estate Developer Software

  • General Contractors

  • Companies

The after-sales service (SAV) feature allows developers to improve the buyer experience by centralizing the management of punch lists, defects, and interventions related to the acquired real estate property.

ARTICLE 5: CLIENT INFORMATION REGARDING ARCHIPAD

5.1. Information accessible on the website www.ARCHIPAD.com

In order to satisfy its information obligation, BIGSOOL provides details about the features of ARCHIPAD accessible on its website www.ARCHIPAD.com.

Two tabs are dedicated to information about ARCHIPAD:

  • A "Resources" tab containing:

  • Online training;

  • Demos;

  • A searchable knowledge base;

  • ARCHIPAD user guides.

  • A "Blog" tab containing:

  • Tips & tricks;

  • Interviews;

  • Case studies;

  • Numerous news articles;

  • Discover ARCHIPAD.

5.2. Support to help the Client

For any question relating to ARCHIPAD's features, or any question regarding ARCHIPAD or request for advice, the Client may contact the technical support, sales department, and/or training department of BIGSOOL, from Monday to Friday from 9 am to 12 pm and from 2 pm to 6 pm (5:30 pm for technical support) at the following telephone numbers and emails:

Department

Telephone

Email

 

Technical support

+33.4.22.72.01.55

support@ARCHIPAD.com

Sales department

+33.4.22.13.10.14

sales@ARCHIPAD.com

Training department

+33.4.93.71.00.54

formation@ARCHIPAD.com

The Client can also interact with the "Assistance" chatbot accessible on the website: www.ARCHIPAD.com.

The Client agrees not to misuse the Support.

BIGSOOL reserves the right to refuse to handle a Client's request if their behavior or the frequency of their requests is of such a nature as to disrupt the normal operation of the Support.

ARTICLE 6: TRIAL PERIOD AND FREE USE PERIOD

6.1- Duration of the trial period on the ARCHIPAD website

To obtain practical information about ARCHIPAD, BIGSOOL makes the ARCHIPAD software available free of charge on its website www.ARCHIPAD.com for a duration limited to thirty (30) calendar days from the activation of the user account. During this period, you can access all features of the solution.

6.2- Creation of an account for the use of ARCHIPAD during the trial period

Account creation is done via the online form "try for free" accessible on the ARCHIPAD website. The data collected is limited to what is strictly necessary for creating the user account, and includes:

  • Professional email

  • First name

  • Last name

  • Phone number

  • Company name

  • Number of employees

  • Business sector

  • Address

  • Zip code - City

  • Country

The creation of a user account requires the acceptance of these general terms and conditions. The free use of ARCHIPAD does not create any subscription commitment at the end of the trial period.

6.3- Absence of billing for the trial period

No invoice will be issued for the use of ARCHIPAD at the end of the trial period.

6.4- Management of the end of the trial period

At the end of the trial period, if the User wishes to subscribe to a subscription, the User Account is converted into a Client Account. The use of ARCHIPAD is conditional upon the payment of an offer presented below.

6.5- Duration of the free use period on the Apple Store

If the Client accesses the ARCHIPAD software via the Apple Store, the platform's general terms and conditions apply. In this case, they must create a Client Account and subscribe to one of the two offers. The annual offer with a twelve-month commitment allows for a free use period of the ARCHIPAD software lasting thirty (30) days. The monthly offer, with no commitment, allows for a free use of the software for a duration of three (3) days. The subscription comes into force at the end of the free use period, except in the event of express cancellation by the Client under the conditions provided by the Platform.

ARTICLE 7: OFFERS - RATES

7.1- The offers

7.1.1- BIGSOOL offers two paid offers:

  • ARCHIPAD "Premium" offer: This is the main ARCHIPAD subscription. It provides access to all features dedicated to architects, project managers (MOE), project owners (MOA), and general contractors.

  • ARCHIPAD "Developer" offer: This is the subscription dedicated to real estate developers. It includes ARCHIPAD Premium, plus features dedicated to developers: separation of buyer remarks and execution tracking remarks, access to key handover management, Vigiks, water/gas meter readings, new roles...

Two free mobile applications allow for the integration of the various actors involved in a construction project:

  • "ARCHIPAD Mobi" intended for companies in the construction sector. Access to ARCHIPAD Mobi is included in the ARCHIPAD Premium subscription;

  • "ARCHIPAD Buyers" intended for developers. Its access is included in the ARCHIPAD Developer subscription.

7.1.2- Tailor-made offer:

BIGSOOL offers tailor-made offers for specific needs or the need for multiple licenses. For any additional information, please contact the sales department.

7.2- ARCHIPAD Formulas of Use

7.2.1- Formula 1: Monthly subscription without commitment

Formula 1 without commitment corresponds to the use of ARCHIPAD for a duration limited to one (1) month, with tacit renewal from month to month. The Client can terminate at any time during the month, with effect at the end of the month. Any month started cannot be refunded, even if the use is limited to a few days.

The Client is informed that the rate may be modified according to BIGSOOL's pricing policy. Formula 1 "without commitment" offers flexibility to the Client but does not guarantee a constant rate. The applicable rate is the one displayed on the website. However, the Client is informed of rate changes, if applicable, and the effective date, which can only take place one month after the notification of the rate change.

7.2.2- Formula 2: Subscription with a 12-month commitment

Formula 2 with a twelve (12) month commitment corresponds to the use of ARCHIPAD for a duration limited to one year, with tacit renewal for a duration of twelve (12) months. The Client is informed and accepts that they cannot terminate their subscription during this contractual period.

The rate in force on the date of subscription remains unchanged throughout the 12-month subscription (fixed rate for one year). In the event of a change in rates, the new pricing can only enter into force on the renewal date of the subscription.

7.3- Billing per seat

The prices of ARCHIPAD subscriptions are indicated in euros excluding tax per month.

  • Formula 1 is billed per month / per seat;

  • Formula 2 is billed per year / per seat.

The Client is informed that each seat is linked to an offer and corresponds to a license. To add a seat to the initial license, the Client must subscribe to an additional license, which will be available immediately. It is not possible to include a seat from another license in a license.

Discounts are determined by tiers based on the total volume of seats subscribed. In the event of crossing a threshold, the corresponding discount is applied to all seats subscribed by the Client.

Added seats are taken into account according to the annual or monthly billing cycle.

7.4- Discounts

Discounts are granted subject to satisfying certain conditions. For any additional information on discounts, you can contact the sales department.

7.5- Special rate for "teachers" and "students"

BIGSOOL offers a special rate for teachers and students. A free ARCHIPAD license is made available to teachers and students, subject to verification of teacher or student status, by sending the student or professional card during the creation of the free account.

A special rate is also planned in case of renewal. For any additional information, you can contact the sales department.

7.6- Modification of Rates

7.6.1- Rates may be modified at any time. The pricing communicated on the website www.ARCHIPAD.com is that applicable at the time of subscription. The new pricing will therefore be applicable upon renewal of the subscription.

7.6.2- It will be notified to the Client fifteen days before the renewal date of their subscription.

7.6.3- If the Client does not wish for this new pricing to apply, they may terminate their subscription under the conditions specified below. Failing termination before the deadline, the Client will be deemed to have accepted the new pricing for the duration of the renewal of their Subscription.

7.7- Price Revision

7.7.1- Rates will be automatically revised annually. BIGSOOL relies on the variation of the SYNTEC index as an automatic adjustment mechanism for its rates. This price revision will be carried out automatically and without any formality or prior notification being necessary for its implementation, and will appear on BIGSOOL's invoice(s).

7.7.2- It is specified that this pricing revision is independent of any functional or structural development of the subscription subscribed to by the Client.

7.7.3- If the Client does not accept this revision of the price of their Subscription, it will be up to them to terminate their Subscription before its renewal in accordance with the terms specified below. Failing termination before the deadline, the Client will be deemed to have accepted the new pricing for the duration of the renewal of their Subscription.

ARTICLE 8 – PROCEDURE FOR ACCESSING ARCHIPAD IN SUBSCRIPTION MODE

8.1- Online Subscription

Access to ARCHIPAD must follow the following procedure:

8.1.1. Choice of formula:

  • Formula 1: subscription without commitment limited to one month, tacitly renewable

  • Formula 2: subscription with a one-year commitment, tacitly renewable.

8.1.2. Choice of the number of seats:

The Client must indicate the desired number of seats.

8.1.3- Creation of a Client Account:

Subscribing to ARCHIPAD requires the creation of a Client account. If the Client has benefited from the free trial, the User Account will be automatically transformed into a Client account. If the Client has not created a User account, they must create an account by filling out a questionnaire. To log in, they must enter their professional email and choose a sufficiently robust password and keep it strictly confidential.

The Client acknowledges being exclusively responsible for the appointment and acts of all persons acting as Administrator. The Client must ensure the security of their Account. They acknowledge that BIGSOOL's liability cannot be engaged in the event of fraudulent access to ARCHIPAD due to a defect or security breach resulting from imprudence, error, or omission attributable to them.

8.2- Subscription assisted by the sales department

For Key Accounts and tailor-made offers, the subscription will be carried out with the assistance of the sales department. The Client concerned by this procedure must contact the sales department to obtain a personalized quote. The quote is communicated to the Client for validation. The validity period of the quote is limited to 30 days. Once the quote is duly validated and returned by the Client to the sales department, the subscription will be activated.

ARTICLE 9 - PAYMENT AND ACTIVATION OF SUBSCRIPTIONS

9.1- Online Payment Methods

The formula 1 or 2 subscription is subscribed to by making an online payment by means of a credit card (Visa, MasterCard, American Express, Discover, JCB, and Diners Club) or a SEPA direct debit.

9.2- Payment Information

The banking information provided by the Client must be up to date. The Client has the possibility to update their banking information on the ARCHIPAD administration console, following the following procedure: Click on the avatar at the top right, select "Profile", and click on the "Billing" tab. The Client agrees to keep their payment information up to date.

9.3- Monthly or Annual Payment

9.3.1 Full payment for the chosen subscription

For subscriptions online, payment is due on the date of subscription. For subscriptions under a quote, according to the procedure assisted by the sales department, it is possible to opt for a payment upon order or for a deferred payment (30, 45, or 60 days).

9.3.2- Information on payment

The Client is informed in their Client space of the success or failure of their payment, the remaining amount due, and the payment deadline. They are invited to regularize their situation to activate the subscription.

9.4- Effect of payment

By payment, the Client is considered to have accepted with full knowledge of the facts the characteristics of ARCHIPAD and compliance with its conditions of use and sale.

9.5- Activation of Subscriptions

The subscription is activated upon validation of the payment for online payment. For purchases made with the help of the sales department, the activation of the license is subject to compliance with the conditions set out in the quote.

ARTICLE 10 - ACCESS TO DATA OUTSIDE OF SUBSCRIPTION

10.1- Personal Data

10.1.1- The Client may request from BIGSOOL access to and portability of their personal data collected by BIGSOOL within the framework of the implementation of the commercial relationship, the subject of these general conditions. Indeed, in the context of making the ARCHIPAD software available under the user license, BIGSOOL is the data controller, according to the provisions of the General Data Protection Regulation (Regulation (EU) 2017/745 - GDPR).

As such, the Client can send a request to the Data Protection Officer at the address dpo@BIGSOOL.com or by post to the address: DPO- BIGSOOL 1047 Route des Dolines, 06560 Valbonne, without justification and at any time, on the basis of Articles 15 and 20 of the GDPR to:

  • allow them to access their personal data;

  • communicate their personal data to them in a format readable by any terminal (CSV);

  • transfer their personal data to a third party designated by the Client, in a format readable by any terminal (CSV).

10.1.2- The Client is informed that at the end of a non-renewed subscription, or in the event of termination by BIGSOOL for fault or breach, personal data is archived and retained for evidentiary purposes for a duration of one year. At the end of this period, it will be deleted, except for documents subject to legal or regulatory retention periods.

10.1.3- In the absence of renewal of their subscription, to access their data, the Client may exercise their right of access to their data and/or their right to portability within the limits of the retention period, under the conditions mentioned above (10.1.1).

10.2- Non-personal data resulting from the use of ARCHIPAD

10.2.1- For non-personal data resulting from the use of the application, the Client is informed that at the end of a non-renewed subscription, or in the event of termination by BIGSOOL for fault or breach, data will not be retained beyond one year, except for certain data that will be retained for evidentiary purposes or to satisfy legal provisions.

10.2.2- Within this one-year period, if the Client wishes to have access to their data, they may subscribe to a new subscription with a view to retrieving their directly accessible data. In this case, they must contact the sales department (sales@ARCHIPAD.com) to find out the rate for this subscription. For data that is not directly accessible, see Article 23 below.

ARTICLE 11 - NOTIFICATION

11.1- The Client is informed that notifications are communicated by email to the email address provided by the Client during account creation.

11.2- In the event of an entry error in the email address concerned, or non-receipt of the subscription confirmation message for a reason not attributable to BIGSOOL, BIGSOOL's liability cannot be engaged. In this case, the subscription to the ARCHIPAD subscription will be considered final.

ARTICLE 12 - BILLING AND MANAGEMENT OF UNPAID AMOUNTS

12.1- Access to invoices

Invoices established solely electronically are accessible on the Client account (invoice tab). The Client has the option to request a paid invoice from BIGSOOL. Their request will be sent by email to the following address: administratif@ARCHIPAD.com.

12.2- Unpaid fees

All unpaid fees following a bank rejection of a Client's payment will remain the financial responsibility of the Client. The Client is informed and accepts the application of the following penalties:

  • direct debit rejections give rise to the collection of a flat sum of 20 euros to cover costs;

  • Any delay in payment at the due date will be penalized automatically by the granting of a flat-rate allowance for recovery costs of an amount of one hundred (100) euros fixed by Article D. 441-5 of the Commercial Code. Furthermore, penalties equal to three times the legal interest rate in force on the date of the order will be applied from the 1st day of delay.

The Client is informed that they must reimburse BIGSOOL for all costs (including any attorney fees) associated with the recovery of payments not honored by the Client.

12.3- Suspension of subscription

BIGSOOL reserves the right to suspend or cancel any subscription, regardless of its nature and level of execution, in the event of a payment incident, or fraud or attempted fraud relating to the use of the ARCHIPAD Site.

12.4- Opposition to renewal

The Client can directly exercise their right to object to the non-renewal of the subscription by disabling the "AUTOMATIC RENEWAL" button from the "BILLING" menu of their Client account. Disabling must be done at the latest on the last day before the renewal date. In case of difficulty, the Client must inform the sales department by email (sales@ARCHIPAD.com).

In a continuous quality improvement approach, and in order to develop our product and our offers, BIGSOOL would be interested in knowing the reason for your termination. If you wish, you can send your reason for termination to the sales department (sales@ARCHIPAD.com). Your email will remain confidential and will be deleted as soon as possible after its processing by the department.

ARTICLE 13 - NON-EXCLUSIVE LICENSE FOR USE

13.1- In return for payment of the Subscription, BIGSOOL grants the Client a non-exclusive license to use ARCHIPAD in accordance with the conditions of use specified below, for a duration of one month or one year depending on the chosen offer, for the territory in which ARCHIPAD is used.

13.2- BIGSOOL owns the intellectual property rights to ARCHIPAD. It guarantees the peaceful enjoyment of this software throughout the duration of this non-exclusive License for Use. This license does not operate any transfer of BIGSOOL's intellectual and industrial property rights to the Client.

13.3- The Client acknowledges that the License for using ARCHIPAD is concluded intuitu personae. Consequently, the Client may not assign all or part of the rights and obligations arising from this License for Use without the prior written consent of BIGSOOL, whether in the context of a partial or full assignment, a sub-license, or any other Contract providing for the transfer of said rights and obligations.

ARTICLE 14 - ACCESSIBILITY TO ARCHIPAD

14.1- ARCHIPAD is available upon receipt of payment.

14.2- ARCHIPAD is accessible via the Internet network 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of BIGSOOL and/or the service host, possible breakdowns, or maintenance operations necessary to ensure the proper functioning of the service. The website maintenance operations do not give rise to any compensation.

14.3- The technical support is available to the subscriber from Monday to Friday from 9 am to 12 pm and from 2 pm to 5:30 pm: by email support@ARCHIPAD.com / telephone: +33. 4.22.72.01.55

14.4- BIGSOOL undertakes to implement all means at its disposal to ensure good quality of access to the service and to ensure the reliability and speed of online distribution of the data it diffuses.

14.5- The Client declares that they know and accept the characteristics and limits of the transmission of information via the Internet network, as well as the costs specific to connection to this network. It is notably their responsibility to ensure that the technical characteristics of the hardware and software they use allow them access to the products, services, and site under good conditions, and to take all appropriate measures to be protected from contamination by any malicious programs.

ARTICLE 15 - CONDITIONS OF USE OF ARCHIPAD

15.1- The conditions of use apply to the use of ARCHIPAD in its paid version (subscription) and in its free version (trial).

15.2- BIGSOOL only allows access to ARCHIPAD to the CLIENT and its duly authorized users and to any user who has created an account for a trial.

15.3- The Client is responsible for the use of ARCHIPAD by its duly authorized Users. They must ensure that the conditions of use indicated below are effectively respected by the latter.

15.4- The Client prohibits any use of ARCHIPAD for purposes other than those expressly authorized by BIGSOOL and corresponding to the software features included in the offer.

15.5- The Client must follow the recommendations issued by BIGSOOL, which makes a knowledge base available on its ARCHIPAD website aimed=' at answering all your questions: Knowledge Base.

15.6- The Client is not authorized to:

  • use services, software, or any device, tool, or manual or automatic process designed to bypass any restriction, condition, or technological measure that controls access to ARCHIPAD in any way whatsoever, including by bypassing any security feature or by bypassing any access control or use limit of ARCHIPAD;

  • take measures that impose an unreasonable or disproportionate load on BIGSOOL's network or infrastructure;

  • do anything that could disable, damage, or modify the functioning or appearance of ARCHIPAD;

  • alter or disrupt the integrity or performance of ARCHIPAD or the data contained therein, whether with respect to BIGSOOL, other Users, or other Clients of BIGSOOL or affect the security of the Software;

  • attempt to gain unauthorized access to the Software or the systems or networks associated with it or to intercept data;

  • harm the reputation of BIGSOOL, disparage the Software Offer or defame BIGSOOL, and employ moderation and caution regarding comments concerning BIGSOOL or its employees;

  • copy or sell all or part of the Software or exploit it for commercial purposes, outside the authorized uses under these General Conditions.

15.7- In general, any other use not provided for by these General Conditions is subject to the prior written authorization of BIGSOOL, under penalty of suspension of the subscription to ARCHIPAD and legal proceedings.

15.8- The Client agrees to provide lawful content for processing, including its storage by ARCHIPAD.

15.9- The Client agrees to refrain from entering malicious, disparaging, obscene, defamatory, intentionally misleading, unlawful, and/or contrary to good morals messages, comments, or communications.

15.10- The Client is responsible for the content provided by users authorized to use ARCHIPAD and which will be processed and stored as part of the use of the software. Consequently, the Client agrees to respect and enforce the rights of third parties regarding the contents used, provided by the Client or by its authorized Users.

15.11- The Client agrees to authorize BIGSOOL to access its content with a view to processing it, including storing it, within the framework of a strict use of ARCHIPAD.

15.12- The Client agrees that BIGSOOL exercises no control over the content provided by them and their duly authorized users.

15.13- In the event of a violation of these conditions of use, BIGSOOL reserves the right to immediately suspend access to the Client's Accounts without compensation and without prior notification, and to implement a termination procedure for fault.

ARTICLE 16 - GOOD FAITH COOPERATION

16.1- The Parties agree to cooperate in good faith throughout the duration of the subscription subscribed to by the Client.

16.2- The Parties agree to respond as quickly as possible to the requests of the other Party and to show transparency in their exchanges.

ARTICLE 17 - OBLIGATIONS OF THE CLIENT

17.1- The Client agrees to comply with the conditions of use of ARCHIPAD mentioned in Article 15 and the property rights of BIGSOOL in compliance with the license of use granted by BIGSOOL, in accordance with the provisions of Article 13. In addition, they agree to use the software in compliance with the laws and regulations in force.

17.2- The Client agrees to make the payment for their subscription to ARCHIPAD.

17.3- The Client agrees to provide BIGSOOL with all the information necessary for using ARCHIPAD, upon receipt of the notification of the information request coming from BIGSOOL.

17.4- The Client agrees to guarantee the lawfulness under the laws and regulations in force of the content they provide and/or the content provided by their duly authorized Users for processing by ARCHIPAD.

17.5- The Client agrees not to share access with Third Parties who are not authorized as duly empowered Users by the Client.

17.6- The Client agrees to grant BIGSOOL a right of access to the content they provide and/or provided by their duly authorized Users solely for processing and storage by ARCHIPAD. This right of access for processing purposes does not confer any transfer of ownership rights or any other right over the contents of the Client or their duly authorized Users.

17.7- When ARCHIPAD is used by professionals, the Client must take out an insurance policy for their activities. This policy must cover damages resulting from the use of ARCHIPAD not covered by BIGSOOL.

ARTICLE 18 - OBLIGATION OF BIGSOOL

18.1- BIGSOOL undertakes to perform the services with all the diligence and professionalism of an expert, and this within the framework of an obligation of means.

18.2- As a professional, it commits to an obligation of information and advice before subscribing to the subscription and throughout the duration of the subscription.

18.3- BIGSOOL is ISO 27001 certified. It has adopted the technical and organizational measures necessary to guarantee the security and confidentiality of the Client's content throughout the duration of the subscription.

18.4- BIGSOOL undertakes to provide software that complies with the state of the art and to maintain this compliance through technical interventions of corrective and progressive maintenance with a view to continuously improving its operation. Technical operations do not have the effect of interrupting access to ARCHIPAD or disrupting the activity of Clients. Where applicable, BIGSOOL will not be held to any compensation of the Client in the event of maintenance (corrective and progressive) and in the event of temporary malfunction of the servers.

18.5- BIGSOOL undertakes to facilitate the recovery of the content of the Client and their duly authorized Users at the end of the subscription, under conditions defined below.

18.6- BIGSOOL has contracted professional liability insurance and cyber risk insurance.

ARTICLE 19 - LIABILITY OF THE CLIENT

19.1 Legal capacity to order products and services on the ARCHIPAD website

19.1.1- Declaration of Capacity

The Client, prior to subscribing to the ARCHIPAD subscription, declares that they have full legal capacity, and/or are legally authorized to commit under these General Conditions.

19.1.2- Verification Exemption

BIGSOOL can in no case be required to verify the legal capacity of the Client or their competence within the company. Consequently, if a Client not having legal capacity or not being authorized were to subscribe to an ARCHIPAD subscription, their legal representatives would assume full responsibility for this subscription and would notably have to honor its price.

19.2- Ownership and lawfulness of content provided by the Client and their duly authorized Users for use of ARCHIPAD

19.2.1- Ownership Responsibility

The Client remains the owner and responsible for the Content they provide to be processed by ARCHIPAD and releases BIGSOOL from any liability in this respect.

19.2.2- Lawfulness Responsibility

The Client is responsible for the lawfulness under the laws and regulations in force of their Content and the content of duly authorized Users which must be processed and stored by ARCHIPAD. As such, BIGSOOL cannot be held liable for a violation of an intellectual property right or any violation of a regulation for having processed or stored within the framework of the use of ARCHIPAD, unlawful content provided by the Client and/or their duly authorized Users.

19.3- Liability of the Client for use of ARCHIPAD by authorized or unauthorized users

19.3.1- Authorized User Management

The Client has a right of access and use to ARCHIPAD in accordance with the User License specified above in Article 13. They are therefore responsible for any use of ARCHIPAD by users authorized by them to use the work monitoring application. They must ensure compliance with the software's conditions of use by duly authorized users.

19.3.2- Unauthorized Access Liability

The Client is also liable for damages resulting from a use of ARCHIPAD, via its license, for any use by an unauthorized third party, provided that access to ARCHIPAD results from a failure in its obligation to secure the means of access (password).

ARTICLE 20 - LIABILITY OF BIGSOOL

BIGSOOL is subject to an obligation of means. BIGSOOL's liability cannot, consequently, be engaged either expressly or tacitly, for any damage whatsoever suffered by the Client or by a third party, resulting directly or indirectly from the non-compliant use of ARCHIPAD by the Client with the obligations identified below.

ARTICLE 21 - LIABILITY OF THE PARTIES

21.1- Limitation of liability

The Parties agree to limit their liability in the event of a breach by negligence of their obligations arising from this contract, including when a series of related events applies as a single event, or in the event of fault, to a maximum amount corresponding to three times the total amounts subscribed to on the day of the occurrence date of the direct damage(s).

21.2- Derogation from the limitation of liability

This limitation of liability is not applicable for any damage whose amount is three times higher than the ceiling mentioned above. In this case, the most diligent Party may refer to a mediator to find an amicable solution as quickly as possible. The mediation costs are borne equally by both Parties.

ARTICLE 22 - FORCE MAJEURE CASE

The liability of BIGSOOL and the Client under the obligations of these General Conditions cannot be engaged in the event that the non-performance of their obligations results exclusively from a case of force majeure as defined by Article 1218 of the Civil Code and specified by case law.

ARTICLE 23 - SHARING OF DATA GENERATED BY THE USE OF ARCHIPAD

23.1- Definitions

Data generated by the use of ARCHIPAD: designates

  • Generated reports

  • Minutes / Punch lists (Procès-verbaux)

  • Meeting minutes

  • Invoices for the ARCHIPAD subscription

  • Transactional emails

  • History of connection logs

  • History of creation & modification of documents made by the Client on ARCHIPAD

  • Support tickets

  • Marketing information related to operations carried out by the Client

Data portability: designates the ability to easily transfer data from one system to another without having to re-enter it.

23.2- Request for sharing data generated by the use of ARCHIPAD

23.2.1- Non-directly Accessible Data Requests

For data generated by the use of ARCHIPAD that is not directly accessible, the Client can send BIGSOOL a request for access and use of said data, for themselves and/or for any designated Third Party beneficiary by the Client.

23.2.2- Access and Format Commitment

BIGSOOL undertakes to make the data requested by the Client easily accessible without unjustified delay, in an easy, secure, free manner, in a complete, structured, commonly used, and readable format by any terminal (CSV).

23.2.3- Data Use Constraints (Data Act)

In accordance with the provisions of Article 4.10 of Regulation (EU) 2023/2854 on data (Data Act), the Client agrees not to use the requested data to: develop a connected product competing with ARCHIPAD from which the data originates, share data with a third party with this intention to compete with ARCHIPAD, or use this data to obtain information on the economic situation, assets, or production methods of BIGSOOL. The purposes mentioned above are prohibited by the Data Regulation and justify BIGSOOL's refusal to share this data.

23.2.4- Transmission Department

The Client must transmit to BIGSOOL's sales department their request for data sharing for themselves or their request for data sharing for the Third Party beneficiary they have designated.

23.3- Access to data for changing SaaS service provider

In the event of a change of service provider operated in SaaS mode, before the end of the subscription to ARCHIPAD, the Client informs BIGSOOL's sales department by email in order to determine the methods for data transfer into the environment of the recipient SaaS software and the methods for maintaining service during this migration. The pricing of this migration is priced at actual technical costs until 2027.

ARTICLE 24 - INTELLECTUAL PROPERTY

24.1- All intellectual property rights and trademark rights held by BIGSOOL on the ARCHIPAD software remain the property of BIGSOOL. As such, it guarantees the Client a peaceful enjoyment of these rights resulting from the License for using ARCHIPAD granted to the Client. BIGSOOL agrees to guarantee against any infringement action tending to restrict or prohibit its use.

24.2- Intellectual property rights, trademark rights, designs, and models belonging to the Client and/or their duly authorized users remain the property of the Client and/or their duly authorized users. The Client guarantees BIGSOOL against any infringement action relating to elements belonging to the Client and/or their authorized users, processed under the ARCHIPAD license for use.

24.3- In the context of its communication and unless otherwise notified in writing by the Client, BIGSOOL is authorized to use the distinctive signs of the Client (trade name, trademark, and logo) as a commercial reference, on any online or offline medium (on its website, on its marketing or commercial documents, in press releases, etc.). BIGSOOL is obliged to use the distinctive signs of the Client peacefully, respecting their graphics, colors, and logos.

24.4- Reciprocally, in the context of its communication and unless otherwise notified in writing by BIGSOOL, the Client is authorized to use the distinctive signs of BIGSOOL (trade name, trademark, and logo) as a commercial reference, on any online or offline medium (on its website, on its marketing or commercial documents, in press releases, etc.). The Client is obliged to use the distinctive signs of BIGSOOL peacefully, respecting their graphics, colors, and logos.

24.5- The data generated by the use of ARCHIPAD is information belonging to the Client. Unless required by Law or regulation, BIGSOOL agrees:

  • not to access, alter, store, copy, delete, disclose, or use the data generated by the use of ARCHIPAD unless such acts are necessary for BIGSOOL to honor its obligations under these General Conditions or if it has received express authorization by law, regulation, or the Client;

  • to ensure that its Personnel operates neither sale, nor commercial exploitation, nor attribution of rights, nor deletion in any way whatsoever at the level of the data generated by the use of ARCHIPAD;

  • not to make any data generated by the use of ARCHIPAD available to third parties other than BIGSOOL's Subcontractors and only if the latter need it to fulfill BIGSOOL's obligations under these general conditions and approved third parties who have received written instructions from the Client;

  • to preserve data generated by the use of ARCHIPAD from any loss, corruption, unauthorized access, disclosure, theft, tampering, and interception;

  • to regularly make secure backups in accordance with the state of the art, regulations, and possibly specific and reasonable instructions from the Client;

  • upon request of the Client, to return the data generated by the use of ARCHIPAD under the conditions provided for in Article 17 above.

ARTICLE 25 – CONFIDENTIALITY

25.1- Any information transmitted in connection with the execution of these General Conditions, not made public before its communication by one of the Parties to the other Party, is considered confidential.

25.2- The Parties agree to:

  • Take measures to maintain the confidentiality of Information qualified as confidential;

  • Exploit said Confidential Information solely for the realization of the purpose of these general conditions;

  • Reproduce said Confidential Information only to the extent necessary for the realization of this purpose;

  • Limit the disclosure of said Confidential Information to those of their employees who need to know it (after signature by said employee of a similar confidentiality agreement) and to keep up to date the list of persons having access to said Confidential Information;

  • Not disclose said Confidential Information to any third party without their prior written consent.

25.3- The obligations of this article persist and remain valid after the end of the contractual relations binding the Parties as long as the confidential information has not fallen into the public domain and at least for a period of ten (10) years.

25.4- By exception, each of the Parties may reveal and use, to the strict extent necessary, documents or information considered confidential in the following cases:

  • In the event of a requirement of the law, a court decision, or an administrative authority;

  • In case of necessity in order to assert its rights in court or before an administrative authority;

  • With the prior written agreement of the concerned Party releasing the other Party from this confidentiality commitment, for a specific purpose.

Each of the Parties binds itself to bear all consequences, direct or indirect, of whatever nature they may be, which will result for the other Party from the disclosure of a piece of information, data, or document considered confidential except in the cases restrictively provided above and to the strict extent necessary.

In the event of the end of the subscription, for whatever reason and without there being any need for a procedure or prior formal notice, each of the Parties agrees to return to the other Party all goods or documents, in originals or copies, belonging to it, likely to be in its possession or under its control, and only retain a copy for evidentiary purposes of compliance with its obligations during the limitation period.

25.5- This confidentiality obligation does not remove any stricter obligation under Regulation (EU) 2016/679 (GDPR), provisions implementing Directive 2002/58/EC or Directive (EU) 2016/943, or any other European or French regulations.

ARTICLE 26 – PROTECTION OF PERSONAL DATA

26.1- The Parties agree to comply with the provisions of the regulations in force relating to the protection of personal data and, in particular, the Data Protection Act (Loi Informatique et Libertés) in its version of June 20, 2018, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of Data (known as "GDPR").

26.2- In the context of the contractual relationship with the Client, BIGSOOL collects and processes personal data for the following purposes:

  • Management of the Client relationship (accounting, allowing the Client to exercise their digital rights);

  • Management of the Client's commercial tracking (including notably training, promotional offers, service improvement, satisfaction surveys, complaints management, ...);

  • Management of making ARCHIPAD available, including notably account creation, assistance service, information on updates and evolution of ARCHIPAD.

As such, the Parties recognize and declare that BIGSOOL acts as a data controller within the meaning of Article 4-8 of the GDPR. The purposes, recipients, retention periods, and conditions under which BIGSOOL collects and processes personal data are presented in the "Personal Data Policy" accessible on the website www.ARCHIPAD.com, which details all information relative to the processing of personal data as well as the rights of data subjects.

BIGSOOL agrees to keep up to date a record of data processing activities as a data controller.

26.3- In the context of using ARCHIPAD, BIGSOOL collects and processes personal data in the name and on behalf of the Client, to enable them to use the software's features provided for in the subscription.

The Parties recognize and declare that:

  • BIGSOOL acts as a processor (sous-traitant) within the meaning of Article 4-8 of the General Data Protection Regulation (EU) 2016/679 of April 27, 2016 (hereinafter the "GDPR");

  • The Client acts as a data controller within the meaning of Article 4-8 of the GDPR.

Each of the parties agrees to respect all obligations resulting from the application of any applicable regulation relating to the protection of personal data, in particular the provisions arising from the GDPR.

The relations between the Client and BIGSOOL are governed by the data processing agreement, in accordance with the provisions of Article 28 of the GDPR, annexed (Annex 1 "Data Processing Agreement - GDPR").

BIGSOOL has appointed a data protection officer (DPO) who can be contacted at the address dpo@BIGSOOL.com.

ARTICLE 27 – AUDIT

27.1- BIGSOOL authorizes the Client or any third party designated by them to proceed, at any time subject to a minimum prior notification of 8 (eight) calendar days, with an audit in order to verify compliance with the obligations arising from these general conditions.

27.2- This audit can be carried out by the Client or by any third party mandated by the Client and subject to a confidentiality obligation.

27.3- In the context of this audit, BIGSOOL agrees to cooperate fully, unreservedly and in good faith, with the Client or the Third Party mandated by the latter and to facilitate their access to any premises, installation, document, or information or other useful element for the proper conduct of the mission, it being understood that the information collected cannot be used by the Client for purposes other than the audit and/or to assert their rights.

27.4- In the event that the audit report reveals a non-compliance with the obligations referred to in these General Conditions by BIGSOOL, the latter agrees, within the framework of an action plan, to implement at its own expense the necessary corrective measures within a period of two (2) weeks from the submission of the audit report, to remedy the non-conformities. Failing for BIGSOOL to propose a satisfactory action plan or to remedy the non-conformities within the agreed period, the Client may assert the total or partial termination of the Subscription to connected products and services ARCHIPAD, it being understood that no compensation is due in this case by the Client.

27.5- The Parties agree that in any event the audit procedure or its lack of implementation does not exonerate BIGSOOL in any way from compliance with its obligations mentioned in these General Conditions.

27.6- The audit costs will be borne by the Client.

ARTICLE 28 – DURATION

28.1- The subscription is made for an initial duration of one (1) month or twelve (12) months depending on the chosen formula.

28.2- It is tacitly renewable for successive periods of one (1) month or twelve (12) months depending on the chosen formula, unless the Client opposes the renewal according to the procedure specified above.

ARTICLE 29 – EVIDENCE AGREEMENT

29.1- BIGSOOL implements technical and organizational measures to ensure the security and confidentiality of its Clients' personal information.

29.2- However, the Client also has a role to play in protecting their data. Notably, the Client must maintain the security of their identifiers and passwords by not communicating them to anyone and by regularly changing their password.

29.3- Any transaction carried out with the Client's identifier and password constitutes, unless proven otherwise, confirmation of their identity and due date of the corresponding sums.

29.4- Computerized records (connection logs, logging system...), kept in BIGSOOL's information system, will be considered as evidence of communications and payments that occurred between the Parties.

29.5- The Parties agree that all data, information, files, and any other digital element exchanged between the Parties will constitute admissible, valid, enforceable evidence having the probative force of a private deed (acte sous seing privé). The Parties agree not to contest the admissibility, validity, enforceability, or probative force of the elements of an electronic nature or format mentioned above, on the basis of their electronic nature. Unless proven otherwise, these elements will be valid and enforceable between the Parties in the same manner, under the same conditions, and with the same probative force as any document that would be drawn up, received, or kept in writing.

ARTICLE 30 - INQUIRIES - COMPLAINTS

Any clarification relative to the application of these general conditions, any request for information or complaint relative to the operation of the products and services must be addressed to the sales department:

  • by E-mail to the address: sales@ARCHIPAD.com

  • by mail to the address: BIGSOOL Sales Department, BUSINESS POLE 2, 1047 ROUTE DES DOLINES, 06560 VALBONNE-France

  • by tel: + 33.4.22.13.10.14

ARTICLE 31 – MEANS OF COMMUNICATION BETWEEN THE PARTIES

Any notification or other communication required or authorized under these general conditions must be made in writing, transmitted by email, provided that the sender retains proof of sending to the addresses indicated below:

Any notification or communication of this type will be deemed to have been received on the date of transmission, provided that no error message indicating a delivery failure has been received by the sender.

ARTICLE 32 – TERMINATION

32.1. Termination without cause

The Client can terminate their subscription to ARCHIPAD under the conditions set out in the chosen offer.

32.2. Termination for fault

32.2.1- Termination by the Client for Fault

If BIGSOOL commits a substantial breach of these general conditions and provides no rectification within a period of seven (7) business days from receipt of the notification of a formal notice communicated by email to the sales department by the Client, the latter may terminate the subscription for fault.

BIGSOOL must refund the subscription pro-rata to the duration remaining to be covered until the subscription renewal date.

The procedure for recovering the content of the Client and/or their duly authorized Users applies automatically at the expense of BIGSOOL, in case of data transfer fees, if applicable.

32.2.2- Termination by BIGSOOL for Fault

BIGSOOL can terminate this subscription of the Client to ARCHIPAD for fault and notably in the following cases:

  • Payment default: In this case, BIGSOOL notifies the Client by email of a formal notice to regularize the payment within a period of fifteen (15) days after the observation of the payment default at due date. If at the end of a period of seven (7) days from the date of receipt of the formal notice letter, the subscription remains unpaid, BIGSOOL may grant the Client an additional period of fifteen (15) days by means of a written notification. In the absence of payment at the end of these fifteen (15) additional days, BIGSOOL may terminate the Client's subscription to ARCHIPAD.

  • Default of execution by the Client: The Client fails to perform a task incumbent on them and which impacts BIGSOOL's ability to provide the services in whole or in part. If such non-performance continues for a period of ten (10) days following the written notification sent by email by BIGSOOL to the Client, BIGSOOL may terminate the Client's subscription to ARCHIPAD. No refund is due by BIGSOOL.

  • Substantial violation of these general conditions or legislation in force: The Client commits a substantial violation of these general conditions or the legislation in force and provides no rectification within a period of thirty (30) business days from receipt of the written notification sent by email by BIGSOOL to the Client, BIGSOOL may terminate the Client's subscription to ARCHIPAD. No refund is due by BIGSOOL.

In the case of a termination for the Client's fault, the procedure for recovering Content is at the expense of the Client, in case of data transfer fees.

ARTICLE 33 – MISCELLANEOUS

33.1 Annex

The annex forms an integral part of these general conditions. Its purpose and effect are to legally bind the Client and BIGSOOL.

33.2. Partial invalidity

If any provision of these General Conditions is judged null, invalid, voidable, or inapplicable for any reason whatsoever, and if this provision is severable from the other provisions of these General Conditions, the latter will remain fully applicable and valid, unless the provision is inseparable from the other provisions of these General Conditions.

33.3. Non-waiver

The fact for one of the Parties not to take advantage with the other Party of a breach of any of the obligations referred to in these General Conditions cannot be interpreted for the future as a waiver of the obligation in question.

33.4- Applicable law

These general conditions are governed by French law. They must be interpreted in the light of the rules of interpretation provided for by French law.

33.5 Dispute resolution

The Parties agree to do everything possible to resolve their disputes amicably within a period of one month from the notification of the dispute by the most diligent Party. In case of failure, the Parties agree to resort to mediation and to appoint a mediator within a period of two months. The costs of mediation will be shared equally by both Parties. In case of failure of the mediation, the Parties agree to refer to the competent jurisdiction.

ARTICLE 34 – ACCEPTANCE

The Client acknowledges that the acceptance of these general conditions of sale and use in the form of electronic consent constitutes valid proof allowing the assessment of the rights, obligations, and responsibilities of the Parties.

Updated on 28.04.2026

ANNEX: Processor Clause (Art 28 of the GDPR)

In accordance with the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR), for personal data processed within the framework of using the ARCHIPAD software,

  • The Company BIGSOOL is qualified as "Processor" (Sous-traitant);

  • The Client is qualified as "Data Controller" (Responsable de traitement).

The company BIGSOOL, as a processor, is subject to the obligations of Article 28 of the GDPR, for the processing of personal data (professional identification data) of the data subjects (users, collaborators, subcontractors, and Clients of the Data Controller) which are notably:

  • project management of construction sites via the ARCHIPAD solution;

  • management of remarks, photos, and annotations collected;

  • management of users and access to the ARCHIPAD solution;

  • report production;

  • management of information sharing between users of the ARCHIPAD solution for the Client.

In the context of these processings, the Company BIGSOOL agrees to:

  1. Process personal data solely on documented instructions from the Client, data controller. It will immediately inform the Client if, in its opinion, one of its instructions constitutes a violation of the GDPR or any other legal provision (European and national) relating to the protection of personal data;

  2. Process personal data only for the performance of this contract;

  3. Process personal data only for the duration of this contract;

  4. Adopt technical and organizational measures to guarantee processing security, in accordance with the provisions of Article 32. To this effect, the Company BIGSOOL has established an Information Security Management System (ISMS) certified ISO/IEC 27001:2022, covering activities related to the processing of personal data. It has adopted technical and organizational security measures aimed at guaranteeing:

  • data confidentiality (access limited only to authorized persons);

  • integrity (protection against any unauthorized alteration);

  • availability (access to data in a timely manner);

  • system and service resilience;

  • the ability to restore availability and access to data within appropriate timeframes;

  • traceability of operations performed on the data.

These measures are defined and maintained in a Statement of Applicability (SoA) complying with Annex A of the ISO/IEC 27001:2022 standard.

Category

Organizational and Technical Measures

 

Organizational Measures

Governance and management of security: Formalized information security policy, approved by management and periodically reviewed; Security organization with defined roles and responsibilities; Risk analysis and treatment process.

Organizational Measures

Human resources management: Contractual confidentiality commitments; Regular awareness of security and data protection; Procedures governing the onboarding, mobility, and offboarding of collaborators.

Organizational Measures

Supplier and subcontractor management: Prior assessment of service providers; Contractual framework including security and confidentiality obligations; Monitoring of critical service providers.

Technical Measures

Identity and access management: Management of user account lifecycles; Attribution of rights according to the principle of least privilege; Strong authentication for sensitive access; Periodic review of authorizations.

Technical Measures

Data protection: Encryption of data in transit (secure protocols such as TLS); Encryption of data at rest where relevant; Logical segregation of environments; Data minimization and limitation measures.

Technical Measures

System and infrastructure security: Hardening of configurations; Security patch management; Securing development, testing, and production environments; Network protection (firewall, filtering).

Technical Measures

Logging and monitoring: Logging of access and actions on systems; Surveillance of security events; Detection of abnormal behaviors.

Technical Measures

Vulnerability management: Identification and treatment of vulnerabilities; Prioritization according to criticality; Security tests where relevant.

Technical Measures

Security incident management: Formalized incident management procedure; Detection, qualification, and remediation; Notification of personal data breaches in accordance with legal obligations.

Technical Measures

Business continuity and disaster recovery: Regular backups; Restoration tests; Documented and tested business continuity and disaster recovery plans.

BIGSOOL is committed to a continuous improvement process for information security, including:

  • regular updating of security measures;

  • taking into account changes in threats;

  • improving controls based on feedback.

In the event of a personal data breach, BIGSOOL, as a processor, will assist the Client in satisfying the obligations imposed by Articles 33 and 34 of the GDPR.

5. Ensure that its personnel authorized to process personal data commits to respecting the confidentiality clause they have signed;

6. Respect the general authorization of the Client, given under this contract, for any recruitment of a new subcontractor (subsequent processor) to carry out specific processing activities on behalf of the Client, supplementing BIGSOOL's current subcontractors. BIGSOOL certifies that its subcontractors are selected according to a procedure aimed at ensuring that they guarantee the same level of protection of personal data as that implemented by the data controller. BIGSOOL, as a data controller, remains liable to the Client for the execution of its subcontractors' obligations. The list of BIGSOOL's subcontractors can be requested at the following address: dpo@bigsool.com

7. Assist the Client, data controller, by appropriate technical and organizational measures, as far as possible, to fulfill its obligation to respond to requests from data subjects to exercise their rights under the GDPR;

8. Keep a record of processor processing activities, in accordance with the provisions of Article 30 of the GDPR;

9. Delete and/or return upon the Client's instructions all personal data at the end of the service provision relating to processing, and destroy existing copies, unless Union law or Member State law requires retention of personal data;

10. Make available to the Client, data controller, all information necessary to demonstrate compliance with the obligations provided for in Article 28 of the GDPR and to allow the conduct of audits by the data controller or another auditor it has mandated, and contribute to these audits;

11. Not transfer personal data to a third country or an international organization that does not have an adequacy decision, unless it is required to do so under Union law or French law. In this case, the processor informs the data controller of this legal obligation before processing, unless the law concerned prohibits such information for important reasons of public interest.

TABLE OF CONTENTS

ARTICLE 1: PURPOSE

ARTICLE 2: IDENTITY OF BIGSOOL, supplier of ARCHIPAD

ARTICLE 3: DEFINITIONS

ARTICLE 4: CHARACTERISTICS OF ARCHIPAD, work monitoring solution

  4.1- Description of ARCHIPAD

  4.2- ARCHIPAD Users

ARTICLE 5: CLIENT INFORMATION REGARDING ARCHIPAD

  5.1. Information accessible on the website www.ARCHIPAD.com

  5.2. Support to help the Client

ARTICLE 6: TRIAL PERIOD AND FREE USE PERIOD

  6.1- Duration of the trial period on the ARCHIPAD website

  6.2- Creation of an account for the use of ARCHIPAD during the trial period

  6.3- Absence of billing for the trial period

  6.4- Management of the end of the trial period

  6.5- Duration of the free use period on the Apple Store

ARTICLE 7: OFFERS - RATES

  7.1- The offers

    7.1.1- BIGSOOL offers two paid offers

    7.1.2- Tailor-made offer

  7.2- ARCHIPAD Formulas of Use

    - 7.2.1- Formula 1: Monthly subscription without commitment

    - 7.2.2- Formula 2: Subscription with a 12-month commitment

  7.3- Billing per seat

  7.4- Discounts

  7.5- Special rate for "teachers" and "students"

  7.6- Modification of Rates

  7.7- Price Revision

ARTICLE 8 – PROCEDURE FOR ACCESSING ARCHIPAD IN SUBSCRIPTION MODE

  8.1- Online Subscription

    8.1.1. Choice of formula

    8.1.2. Choice of the number of seats

    8.1.3- Creation of a Client Account

  8.2- Subscription assisted by the sales department

ARTICLE 9 - PAYMENT AND ACTIVATION OF SUBSCRIPTIONS

  9.1- Online Payment Methods

  9.2- Payment Information

  9.3- Monthly or Annual Payment

    9.3.1 Full payment for the chosen subscription

    9.3.2- Information on payment

  9.4- Effect of payment

  9.5- Activation of Subscriptions

ARTICLE 10 - ACCESS TO DATA OUTSIDE OF SUBSCRIPTION

  10.1- Personal Data

  10.2- Non-personal data resulting from the use of ARCHIPAD

ARTICLE 11 - NOTIFICATION

ARTICLE 12 - BILLING AND MANAGEMENT OF UNPAID AMOUNTS

  12.1- Access to invoices

  12.2- Unpaid fees

  12.3- Suspension of subscription

  12.4- Opposition to renewal

ARTICLE 13 - NON-EXCLUSIVE LICENSE FOR USE

ARTICLE 14 - ACCESSIBILITY TO ARCHIPAD

ARTICLE 15 - CONDITIONS OF USE OF ARCHIPAD

ARTICLE 16 - GOOD FAITH COOPERATION

ARTICLE 17 - OBLIGATIONS OF THE CLIENT

ARTICLE 18 - OBLIGATION OF BIGSOOL

ARTICLE 19 - LIABILITY OF THE CLIENT

  19.1 Legal capacity to order products and services on the ARCHIPAD website

  19.2- Ownership and lawfulness of content provided by the Client and their duly authorized Users for use of ARCHIPAD

  19.3- Liability of the Client for use of ARCHIPAD by authorized or unauthorized users

ARTICLE 20 - LIABILITY OF BIGSOOL

ARTICLE 21 - LIABILITY OF THE PARTIES

  21.1- Limitation of liability

  21.2- Derogation from the limitation of liability

ARTICLE 22 - FORCE MAJEURE CASE

ARTICLE 23 - SHARING OF DATA GENERATED BY THE USE OF ARCHIPAD

  23.1- Definitions

  23.2- Request for sharing data generated by the use of ARCHIPAD

  23.3- Access to data for changing SaaS service provider

ARTICLE 24 - INTELLECTUAL PROPERTY

ARTICLE 25 – CONFIDENTIALITY

ARTICLE 26 – PROTECTION OF PERSONAL DATA

ARTICLE 27 – AUDIT

ARTICLE 28 – DURATION

ARTICLE 29 – EVIDENCE AGREEMENT

ARTICLE 30 - INQUIRIES - COMPLAINTS

ARTICLE 31 – MEANS OF COMMUNICATION BETWEEN THE PARTIES

ARTICLE 32 – TERMINATION

  32.1. Termination without cause

  32.2. Termination for fault

ARTICLE 33 – MISCELLANEOUS

  33.1 Annex

  33.2. Partial invalidity

  33.3. Non-waiver

  33.4- Applicable law

  33.5 Dispute resolution

ARTICLE 34 – ACCEPTANCE

ANNEX: Processor Clause (Art 28 of the GDPR)