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BOZA has developed a centralized platform designed to help modern finance and IT teams monitor, manage and optimize their software and SaaS applications, enabling them to streamline their processes and save money. The platform is designed for professionals and can be accessed via the Internet at www.app.getboza.io.
This document details the obligations of the parties involved in the contract.
The service is between :
BOZA publishes the Getboza.io platform, referred to as the "Platform", and provides the Customer with services, referred to as the "Services", detailed in article 5. The Services are sold in the form of a subscription, referred to as a "Subscription", with the exception of the Purchase Service, the subscription terms of which are defined in article 5.4 hereof, for a certain duration and a specific number of End Users.
BOZA provides the Customer with :
The contract consists of :
The purpose of the TSUS is to set out the conditions under which BOZA provides the Services to the Customer in return for payment by the Customer of the agreed price and compliance with the limits on the use of the Services.
They apply to all types of Subscription.
Subscription is subject to the Customer's unreserved acceptance of the TSU. The TSU are binding on the Customer, who acknowledges having read them before validating the Subscription.
BOZA may amend these TSU at any time, without prior notice, by posting a new amended version online, which alone will be binding between the Parties. The TSU applicable to the Customer are those in force on the date of subscription or renewal of the Subscription.
Any other document (such as the customer's general terms and conditions of purchase) is unenforceable.
The Subscription takes effect on the day it is taken out.
The Subscription is for a period of twelve (12) months.
The Quotation specifies the date on which the Services are made available to the Customer, which is when billing begins.
In the absence of any indication in the Quotation, the date on which the Services are made available to the Customer may under no circumstances exceed 30 days after the date of signature and/or acceptance of the Quotation.
If the Services are not made available after 30 days, for whatever reason, BOZA reserves the right to start invoicing the Subscription.
In the event that a new Subscription is concluded with an existing Customer, whether or not it concerns the same End Users, the Subscription start date will henceforth be that of the first invoice issued following the signing of the new Quotation, and the (12)-month billing cycle will be reset.
At the end of the contract, the Subscription is tacitly renewable for successive periods of twelve (12) months.
If BOZA allows a free discovery period of the Platform and its Services, the potential customer is not bound by the provisions of article 4. They remain bound by all other provisions of the TSU.
BOZA provides the following services to the Customer:
This list of Services is not exhaustive and BOZA also reserves the right to discontinue a Service completely. In this case, the Customer will be informed and reimbursed on a pro rata basis for the remaining duration of the Subscription for the price paid for the Service concerned.
The Customer may request additional training or customization of the Services. Such services will be quoted separately.
The Platform is accessible 24 hours a day, 7 days a week except :
BOZA reserves the right to replace any feature of the Services with another feature of equivalent quality and content.
As part of the Purchasing Service, BOZA will perform the following tasks:
The Customer undertakes to provide BOZA with all relevant information that may contribute to the success of the assignment and the verification of the Realized Savings as defined in the following article, and to cooperate fully in the negotiation process and exchanges with publishers/vendors.
BOZA's remuneration for the Purchasing Service is :
For the purposes of calculating Realized Savings and defining the price of the Purchasing Service as defined in the paragraph above, the Reference Price of a software product is defined as the higher of the following prices:
For a given software, Realized Savings are calculated on the basis of a one (1) year contract.
For software with multi-year contracts (2 years or more), the Realized Savings are evaluated over a maximum of two (2) years and BOZA's remuneration will be limited to twenty-five percent (25%) of the total contract sum.
BOZA keeps and updates a register in order to calculate all Realized Savings within the framework of the Purchasing Service.
The final price of the Purchasing Service is invoiced by BOZA to the Customer at the end of the Purchasing Service assignment, or when all negotiations with publishers/resellers have been completed.
However, BOZA reserves the right to invoice part of the price of the service before the end of the assignment, based on the Realized Savings and validated by the Customer.
BOZA grants the Customer a personal, restricted, non-exclusive, non-assignable and non-transferable license to third parties, without the right to sub-license, to access and use the Services.
If designated, the Referent will receive by e-mail all communications relating to the Platform or any updates to the Services and TSU.
The Services are accessible to End Users only. Any use of the Customer's access to the Services by an unauthorized person shall engage the Customer's liability.
Once BOZA has granted the Customer access to the Platform, the Customer will be responsible for allocating the available accesses to the End Users in accordance with the Customer's Subscription.
The Customer undertakes to ensure that all authorized End Users comply with these obligations.
Each End User is responsible for creating and maintaining/resetting his or her End User ID.
Each Identifier is personal, individual, confidential and non-transferable.
The Customer undertakes to make every effort to ensure that the Customer and its End Users keep the Identifiers secret and that they are not disclosed in any form whatsoever to persons other than the End Users. The Customer is entirely responsible for the use and safekeeping of the Identifiers. The Customer is responsible for the security of the individual workstations used to access the Online Services. The lending, sharing, transfer or sale of Identifiers is prohibited and shall not be enforceable against BOZA.
The Customer may be held liable for any access to a Service using End User IDs. The customer undertakes to inform BOZA immediately of any loss, theft or unauthorized use of the End User IDs, so that BOZA can take appropriate action without delay.
The Services made available to the End User by BOZA as part of his Subscription are protected by intellectual property rights.
No Service may be used by the Customer and its End Users outside the limits and conditions set out in the TSU.
All End Users expressly undertake:
Any other use is expressly reserved by BOZA, in particular any substantial extraction of the Information, any reproduction, communication, distribution, sale or rental of the Information to third parties, any adaptation or translation of the Information, any use of the Information in the form of press panoramas or any text or data mining activity. Any use not covered by this license may be subject to specific and express authorization from BOZA or its assignees.
In return for the Services, the Customer agrees to pay the price specified in the Quotation. Prices are given in euros, exclusive of tax. The amount of these taxes is indicated at the time of subscription. All prices include VAT applicable on the day of subscription. Any change in the applicable rate may be reflected in the Subscription price.
If a Subscription price is revised, the Customer is informed by e-mail at least fifteen (15) days before the new price comes into effect. These new rates only apply to Subscription renewals.
Invoices will be sent exclusively in electronic format by BOZA to the Customer by e-mail or via his dedicated space on the Platform.
Payments will be made by credit card, SEPA direct debit or bank transfer.
Payment shall be made on an annual basis, and all invoices shall be payable by the Customer in full within thirty (30) days of being issued.
In the event of non-payment by the agreed due date, the Customer (i) will be charged, without the need for a reminder letter, late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points, calculated on a monthly basis, (ii) will automatically be liable for a fixed indemnity for collection costs of forty (40) euros, in accordance with articles L.441-6 I. and D.441-5 of the French Commercial Code.
The Quotation may provide for specific financial terms.
The Subscription to Services may be automatically terminated by either Party in the event that the other Party fails to comply with its obligations.
Termination of the Subscription will be effective upon expiry of a period of thirty (30) days from notification by one Party, by registered letter with acknowledgement of receipt, of a breach by the other Party of one of its obligations.
BOZA may suspend the Subscription without notice and terminate the Subscription under the conditions described above in the event of:
Any simultaneous connections observed on the Platform or activities on the Platform exceeding a level of activity in accordance with its Subscription may result in the interruption of Services or the automatic application of charges corresponding to Services used improperly.
It is expressly agreed between the Parties to exclude the application of article 1226 of the French Civil Code, the only possibility of resolution or termination being therefore the implementation of the resolutory clause in the preceding paragraph.
In the event of early termination of the Subscription for any reason whatsoever, all outstanding sums owed by the Customer shall become immediately due and payable, without prejudice to any damages that may be owed to BOZA.
For technical support, additional services, training and customization, or for billing questions, the Customer may contact BOZA :
Any problem related to the customer's Internet access or hardware configuration is not covered by customer support.
BOZA undertakes to strictly apply the regulations on the protection of personal data, namely in particular - as a company subject to French law - Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as amended (known as the “Loi Informatique et Libertés” under French law) as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (hereinafter the "GDPR").
Customers are therefore invited to carefully read BOZA's Privacy Policy and Data Transfer Agreement, the purpose of which is to define the rules applicable to the collection, processing and transfer of personal data.
For all requests for information, please use the following e-mail address: dpo@getboza.io, specifying the customer reference and/or consult the website of the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés or CNIL).
Some of the data collected and processed by BOZA is necessary to enable BOZA to pursue the purposes described in this privacy policy, and in particular for the provision of Services or the management of Subscriptions. Failure to provide such information may prevent BOZA from providing the Services, in particular consultation of the Platform. BOZA shall not be held liable for such an impediment if the Customer and/or End User refuses to provide the data.
The cookie policy available in our Privacy Policy (see dedicated paragraph) provides Customers with information on how BOZA uses "cookies" or "trackers". These cookies help us to understand how End Users interact with the Platform, and thus to improve the experience and use of certain Features.
The Cookie Policy also provides information on how third parties may use these technologies in association with BOZA.
The use of certain tracers or cookies is necessary to enable the Customer and the End User to access the Services and the customer area. BOZA cannot be held liable if the Customer and/or End User is unable to access the Services or the customer area as a result of objecting to the use of these tracers or cookies.
BOZA does not grant any express or implied warranty with regard to the information and data published on the Platform or with regard to the Features. The customer is solely responsible for the use and interpretation of the information and features provided by BOZA, as well as for any actions or advice derived therefrom or issued therefrom.
The use and exploitation of the information and results obtained from the functionalities by the Customer is therefore at the Customer's sole responsibility and risk, including the use of links on social networks. In this respect, it is hereby clarified that BOZA does not intend to act as a substitute for the Customer in carrying out research and/or interpreting the Customer's questions or analyzing the information obtained by means of the Functionalities.
Under no circumstances will BOZA be liable for any direct or indirect damage that may be caused by Information from the Platform. By express agreement between the Parties, any financial or commercial loss, loss of profit, data or clientele, as well as any action brought by a third party against the Customer, shall be considered as indirect damage.
BOZA cannot be held liable for any damage resulting from the Customer's access to the Platform: the use of the Platform and its Services is the sole responsibility of the Customer. Importing non-anonymized or confidential documents onto the Platform is at the Customer's sole risk.
BOZA's liability is limited solely to direct damage caused by a breach on its part and BOZA shall not be liable in any way for indirect or unforeseeable damage or damage that may result from the Customer's use of the Platform.
In any event, if BOZA were to be held liable by the Customer for direct damages suffered by the Customer under the Subscription, the Customer's right to compensation per contract year would be limited, for all causes and damages combined, to the amount of the last twelve (12) months of Subscription fees received by BOZA.
BOZA and the Customer are the sole and exclusive owners of the rights to their names, brands and logos. Neither Party will issue press releases without the approval of the other Parties. However, a Party may use the name, logo or trademark of the other Parties for promotional purposes, in particular to announce the conclusion of the contract, or to describe the Services in general terms, whether in its internal, commercial or promotional documentation, its website, or in presentations or commercial proposals. This use is subject to strict compliance by the Party using the graphic charter of the other Party.
The Customer may terminate the Subscription at any time up to three (3) calendar months prior to the expiry of the current Subscription period, by registered letter with acknowledgement of receipt to BOZA's registered office. The Customer's request for termination will be confirmed by e-mail from BOZA. Cancellation will only be effective from the anniversary date of the Subscription.
Neither of the Parties may be held liable for any breach of any of its obligations resulting from external, unforeseeable and irresistible circumstances. Any breach resulting from such a case of force majeure lasting more than one month will give the non-defaulting party the right to declare the Subscription terminated ipso jure under the above conditions, it being specified that this right may only be exercised for as long as the breach in question persists.
The Customer shall not assign or delegate any or all of its rights or obligations under the TSU without the prior written consent of BOZA.
If any provision of the TSU should conflict with any applicable statutory or regulatory provision and/or be declared invalid or unenforceable by a court of competent jurisdiction, it shall be deemed unwritten and all other provisions of the TSU shall remain in full force and effect.
The failure of either party, at any time or for any period, to insist upon the performance by the other party of any provision of the TSU in accordance with its terms shall not be construed as a waiver of any subsequent claim for such performance.
The data and information collected by BOZA upon conclusion of the contract (in particular, acceptance of the contract), commissioning of access to the Services or to the customer area, as well as the connection, browsing, downloading and more generally usage data of the End Users, are retained by BOZA as evidence. BOZA will archive this data on a reliable and durable medium. Such information and data shall be deemed authentic between the Parties until proven otherwise.
In this respect, the Customer is informed that BOZA may collect IP addresses and connection data of computer equipment accessing the Services, in particular for the purposes of access control, enforcement of BOZA's rights and proof of performance and/or any breach of contract or BOZA's rights.
The TSU shall be governed by and executed in accordance with the laws of France.
In the event of a dispute between the Parties concerning their validity, interpretation or performance, the Parties will endeavor to settle their differences amicably.
Within eight (8) days of the sending of a registered letter alleging a breach by a Party (hereinafter the "First Notification"), the two Parties undertake to meet during a video conference lasting a minimum of one (1) hour, each Party to be assisted by external or in-house legal counsel.
Failing agreement within one month of the First Notification by any means in writing sent by one Party to the other concerning the dispute concerned, the latter shall be subject to the exclusive jurisdiction of the courts of Paris (France), even in the event of multiple defendants or third-party claims.
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