ARTICLE 1
Purpose and scope
These Terms and Conditions of Sale (the “Terms”) apply without restriction or reservation to all data analysis consulting services offered by Datavise (the “Provider”) to its professional clients (the “Client”).
Any service order implies full and complete acceptance of these Terms, which prevail over any other Client document, including the Client's general purchasing terms.
The Terms are available at all times on datavise.shop and may be amended at any time. The applicable version is the version in force on the order date.
ARTICLE 3
Order and formation of the contract
The order is considered firm and final after:
- Validation of online payment through the Stripe platform;
- Receipt of the order confirmation by email at the address provided by the Client.
Datavise reserves the right to refuse any order for legitimate reasons, including a prior dispute, inaccurate information, or a request contrary to professional ethics.
ARTICLE 4
Prices and payment terms
Prices are stated in euros, all taxes included (VAT included). Datavise reserves the right to change its prices at any time, with no effect on orders already validated.
4.1 One-off payment
For Flash and Premium Audits, full payment is required at the time of order, before any service begins.
4.2 Monthly subscription
For Monthly Steering, payment is collected automatically every month on the subscription anniversary date. The Client may cancel at any time with 30 days’ notice.
4.3 Late payment
Any late payment automatically triggers penalties equal to 3 times the statutory interest rate, as well as a fixed recovery indemnity of €40 in accordance with Article L.441-10 of the French Commercial Code.
ARTICLE 6
Delivery times and methods
Indicative delivery times are as follows:
- Flash Data Audit: 5 business days from receipt of the Client’s complete data;
- Premium Sector Audit: 10 business days from receipt of complete data;
- Monthly Steering: report delivered within the first 5 business days of each month.
These timeframes only begin once all information and access required from the Client have been received. Any delay attributable to the Client in transmitting data postpones the delivery timeframe accordingly.
ARTICLE 7
Intellectual property
Deliverables produced by Datavise (reports, analyses, dashboards, recommendations) remain the intellectual property of Datavise until full payment of the service.
After full payment, Datavise grants the Client a non-exclusive license to use the deliverables for its internal needs. The Client may not resell, reproduce, or publicly distribute the deliverables without Datavise’s prior written consent.
The methodologies, tools, and know-how used by Datavise remain its exclusive property in all circumstances.
ARTICLE 8
Confidentiality
Datavise undertakes to keep strictly confidential all information and data transmitted by the Client in connection with the services. This confidentiality obligation applies during the contract and for a period of 3 years after its expiry.
Datavise will not disclose this information to any third party, except where required by law or regulation. Any Datavise employees and subcontractors are subject to the same confidentiality obligations.
ARTICLE 9
Limitation of liability
The analyses and recommendations provided by Datavise are advisory and decision-support materials. They do not constitute a guarantee of results. The Client remains the sole decision-maker and is responsible for decisions made on the basis of the analyses received.
Datavise may only be held liable in the event of proven fault, and its liability is limited to the amounts actually received for the service concerned.
Datavise cannot be held liable for any indirect damage, loss of revenue, loss of data, or lost profits suffered by the Client.
ARTICLE 10
Right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to services that are fully performed before the end of the withdrawal period and whose performance began with the Client’s express consent.
For services that have not yet begun, the professional Client may cancel the order within 48 hours after validation, with a full refund.
ARTICLE 11
Protection of personal data (GDPR)
Datavise collects and processes the Client’s personal data (first name, last name, email, telephone, billing data) for the following purposes:
- Management and performance of orders and services;
- Invoicing and accounting management;
- Communications relating to the services;
- Improvement of the services offered.
The legal basis for these processing activities is performance of the contract (Article 6.1.b GDPR). Data is retained for the duration of the business relationship and for 5 years thereafter to meet statutory accounting obligations.
In accordance with the GDPR and the French Data Protection Act, the Client has the following rights: access, rectification, erasure, restriction, objection, and portability. These rights may be exercised by email at contact@datavise.shop.
The Client may also lodge a complaint with the CNIL (www.cnil.fr).
ARTICLE 12
Termination
For monthly subscriptions, either party may terminate the contract with 30 days’ notice by email to contact@datavise.shop. Services already performed remain due.
Datavise reserves the right to terminate the contract immediately in the event of non-payment, serious breach of the Client’s obligations, or transmission of unlawful data.
ARTICLE 13
Governing law and disputes
These Terms are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution within 30 days.
Failing an amicable agreement, any dispute relating to the formation, interpretation, or performance of these Terms will be submitted to the competent courts within the jurisdiction of Paris.