unolia

Terms of Service

The Terms of Service translated into English are provided for informational purposes for the English-speaking public.
Only the French version hold contractual value. See the french version

Article 1. Introduction

1.1. These General Terms of Service define the conditions under which "Unolia" (hereinafter "Unolia" or "we") makes its services available to the User, as well as the conditions under which the User agrees to use these services.

It is essential to read and understand these General Terms of Service as their unconditional acceptance is a mandatory prerequisite to benefit from the Service (see Article 3).

1.2. These General Terms of Service, along with the Service and Pricing Schedule and all other documents to which they explicitly refer, and excluding the User's general conditions as well as all previous documents, discussions, and agreements, form the Contract concluded between Unolia and the User. Each party agrees to comply with its respective obligations and to execute the Contract in good faith and in accordance with the applicable laws and regulations.

1.3. These General Terms of Service are accessible at any time at the following address: "https://app.unolia.com/terms-of-service?lang=fr" Unolia makes them available in a digital format allowing for their saving, printing, or reproduction by the User. Otherwise, the User can request them from Unolia by contacting support (see Article 6).

Article 2. Definitions

The terms beginning with a capital letter are defined as follows:

  • Contract: agreement made between the User and Unolia, which includes these General Terms of Service, the Service and Pricing Schedule, and all documents to which they explicitly refer.
  • Tool: a set of programs designed and used by Unolia that enable the provision of the Service.
  • Platform: management interface accessible to the User when they log into their account, allowing them to manage their activity, subscription, messages, etc.
  • Service: the set of services provided by Unolia to the User in the context of the execution of the Contract, the conditions and extent of which vary according to the subscription plan chosen.
  • User: any person using or likely to use the services of Unolia, whether a natural person or a legal entity.

Article 3. Purpose

Unolia is a service for interconnecting services that assists in project management, quality control, and the creation of custom automations for websites.

The User understands that to benefit from Unolia's Service, they must have, at their own expense and under their responsibility, an internet connection.

The Service provided by Unolia requires the collection and use of the User's personal data. Information regarding the processing of this data can be found in the document "Personal Data Policy."

Article 4. Account Creation and User Commitments

4.1. To benefit from the Service offered by Unolia, the User must have a valid personal account. They can create this account by registering on Unolia's website. This registration is mandatory, whether to benefit from the free trial period (see Article 7) or to subscribe to a paid plan (see Article 9).

4.2. When creating their personal account, the User declares that they have the necessary legal capacity. As mentioned in Article 1, reading and unconditionally accepting these General Terms of Service is essential for their registration. The User understands that once read and accepted, the General Terms of Service become enforceable against them.

4.3. Upon registration, the User commits to providing real, accurate, and up-to-date information at the time of entry. Subsequently, and throughout the duration of the Contract, they commit to updating this information with Unolia to maintain its accuracy and truthfulness. The User understands that this information is crucial for the proper functioning of the Service. Therefore, Unolia cannot be held responsible for any failure to comply with these General Terms of Service arising from the inaccuracy of the information provided by the User.

4.4. When the personal account is created by a person acting on behalf of and for the User (company, business, association, etc.), that person declares and guarantees to Unolia that they have the necessary authority and capacity to represent and bind the User under these General Terms of Service.

4.5. All registrations are subject to validation by Unolia, which may also, at its sole discretion and at any time during the contractual relationship, implement an additional procedure to verify the User's identity or to ensure the sincerity of the information provided. In this context, the User must provide the documents and additional materials required by Unolia, failing which their registration or account may be suspended.

The additional control procedure mentioned above is a simple tool available to Unolia. Its use is not systematic. The User is solely responsible for the truthfulness and accuracy of the information provided, so the existence of this additional control procedure does not limit their liability in this regard, nor does it impose any obligation on Unolia to conduct checks or verifications.

4.6. The User is solely responsible for managing their personal account. Access to it is secured by a username and password. The User is solely responsible for their confidentiality and for access to their account. They commit to informing Unolia without delay if they lose or suspect the diversion or fraudulent use of their username and/or password.

4.7. Unless expressly authorized by Unolia, the User understands that they cannot create and use multiple Unolia accounts. Furthermore, it is prohibited to assign or transfer their account to a third party.

4.8. After registration, the User receives a confirmation email attesting to the creation of their personal account.

4.9. By committing, the User understands that they authorize Unolia to interact with their site and access certain of their data (domain configurations, certificates, etc.). In any case, this access does not allow or authorize Unolia to interfere in the User's business activities and management: the User remains the sole owner of their domain name, website, business assets, data, and is the sole manager of their business activities and affairs.

4.10. In any case, the User commits to using Unolia's services in good faith and to act in accordance with the laws in force. In this regard, they specifically agree not to:

  • Collect or extract data related to the Tool (source code, private security keys, etc.) as well as personal or commercial data of any other User.
  • Extract, record, copy, or exploit, for purposes other than the strictly personal and expected use of the Service, any content protected by intellectual property rights.
  • Distribute or publish any content that may harm, directly or indirectly, Unolia, its image, and its interests.

4.11. The User may decide to delete their account at any time by clicking the button provided for this purpose in their personal space. They are advised that deleting the account permanently erases their personal space and consequently results in the immediate termination of their ongoing subscription(s) without the possibility of pro-rata reimbursement.

The User is invited to refer to Article 12 if they wish to simply terminate their ongoing subscription(s) without deleting their personal space.

The User understands that information concerning them may be retained for a certain period after the effective deletion of their account, as mentioned in the Privacy Policy document. For more details, they are invited to refer to it.

Article 5. Commitments of Unolia

Unolia commits to providing quality services with all necessary care and diligence, in accordance with the characteristics, terms, and service levels specified in the Contract. It also strives to address incidents and complaints promptly and rigorously.

Unolia guarantees the strict confidentiality of the data mentioned in Article 4.9.

Unolia is subject to an obligation of means.

Article 6. Contact, Support, and Complaints

If the User encounters any issues or wishes to obtain answers to their questions, they are free to contact Unolia's support by email at the following address: "support@unolia.com," specifying the subject of their request.

To provide the best possible response, additional information may be requested from them.

Article 7. Free Trial Period

7.1. Unolia offers any unregistered User the opportunity to test its services with a free trial period of fourteen (14) calendar days, which requires the creation of an account under the conditions mentioned in Article 4. Beyond this period, the User can no longer benefit from Unolia's services unless they subscribe to a plan (see Article 9).

7.2. The User understands that the trial period allows them to benefit from a certain number of services that provide a preview of the Service offered by Unolia, but only subscribing to a paid plan allows access to the various contents offered in the Service and Pricing Schedule.

7.3. We draw the User's attention to the fact that the Service provided by Unolia, the specifics of which are described in Article 3, falls within the scope of Article L.221-28 of the Consumer Code, which establishes various exceptions to the right of withdrawal that benefit consumers entering into a distance contract. Therefore, the trial period offered before any subscription should be an opportunity for the User to carefully consider their choice of whether or not to subscribe.

7.4. Unolia reserves the right to modify the conditions and terms of the trial period at any time.

Article 8. Service and Pricing Schedule

8.1. Unolia may at any time and by right modify the content of the services offered in the Service and Pricing Schedule, including adding, modifying, or deleting ranges, options, or features, and evolving their performance.

It is the User's responsibility to remain vigilant regarding changes to the services, which apply immediately to all new orders. For services currently being used by the User, they will be informed by email and on the Platform of any substantial changes that may degrade the Service (removal of functionality, decrease in performance, etc.), at least one (1) month before the implementation of the change. However, we draw their attention to the fact that certain changes that degrade the Service may be implemented immediately if particular reasons require it, including security risks, legal or regulatory compliance imperatives, etc.

When a change degrades the Service during the subscription period, the User may terminate the affected subscription via the "Cancel my subscription" option in the "My subscriptions" section of their personal space within two (2) months from the implementation of said change.

8.2. Unolia may at any time and by right modify the prices in its Service and Pricing Schedule (more details in Article 11).

Article 9. Subscription to a Plan

9.1. To fully benefit from the Service offered by Unolia, the User must subscribe to a plan, the price, duration, and extent of services of which vary according to the option they choose. The different subscription plans and their details can be found in the Service and Pricing Schedule. If desired, the User may subscribe to multiple plans simultaneously.

9.2. Before subscribing to a plan, the User must create a personal account as provided in Article 4. A User who already has a personal account can skip this step.

9.3. To subscribe to a plan, the User selects the plan(s) they are interested in and then validates and confirms their order by clicking on the payment button.

9.4. The order is only validated by Unolia after verifying the validity of the payment. The User then receives a confirmation message by email. An electronic invoice is generated in .pdf format and made available on their personal account. They will also receive this invoice by email if they have chosen this option.

9.5. The User understands that all subscriptions offered by Unolia are renewed by tacit agreement. Therefore, without termination on their part (as provided in Article 12), their subscription is tacitly renewed for a duration identical to that originally subscribed:

  • A monthly subscription is tacitly renewed for one (1) month.
  • An annual subscription is tacitly renewed for one (1) year.

9.6. The User may choose to change their plan during the subscription period. This change in plan will result, with immediate effect upon payment confirmation, in the termination of the previous subscription and re-engagement under the conditions of the newly chosen plan.

The old plan, if terminated before reaching its term, will only incur payment for the number of days the User was engaged, so Unolia will refund the User on a pro-rata basis. This refund will be applied as a deduction on the next invoice.

Example (with a monthly commitment): The User is currently subscribed to Plan A at €5.99/month*. They decide to switch to Plan B at €7.99/month* on March 21.

  • Since they have only been engaged on Plan A for 21 days, it will only cost them (5.99/31)x21 = €4.05. They will, therefore, receive a deduction on their next invoice of an amount equal to 5.99 - 4.05 = €1.94. As a result, the first month of commitment to Plan B will only be charged at 7.99 - 1.94 = €6.04 (subsequent months will be normally billed at €7.99).
  • Their new plan will now run from March 21 to April 20, 11:59 PM (UTC+1).

The prices chosen for this example are used for illustrative purposes only. They have no contractual value.

Article 10. Payment and Billing Terms

10.1. Payment: Payment for the order is made using a credit card. The processing of online payments is handled by Stripe, a company we have chosen for its reputation and reliability. Unolia's involvement in the subscription process ends when the User validates and confirms their order; therefore, the overall success of the payment operation is the responsibility of Stripe. Consequently, Unolia disclaims any liability for any incident related to the User's payment for their order and encourages them to contact their bank.

Furthermore, as stated in the Privacy Policy document, Unolia does not have access to the User's payment method data or any other banking information. The collection, processing, and security of this information are guaranteed by Stripe.

Once payment confirmation is received, the User is considered engaged, and their subscription takes effect.

10.2. Late Payment: If an issue related to payment is detected (cancellation of payment by card, insufficient funds and/or rejection by Unolia's banking institution, etc.), Unolia will inform the User via email, inviting them to make the payment as soon as possible and no later than ten (10) days.

If a valid payment is not received within ten (10) days from the sending of this email, and unless a payment deadline extension has been expressly granted by Unolia in writing, any total or partial failure to pay any amount due under the Contract will automatically result in the suspension of the ongoing Service without prior notice, without prejudice to Unolia's right to terminate the Contract as mentioned in Article 12 of these General Terms of Service.

10.3. Billing: On the date of the order and at each renewal of the subscription, an invoice is issued, which the User pays immediately. This payment is processed automatically via the payment method they have registered.

To avoid any suspension or termination of the Contract, the User is reminded that it is their responsibility to ensure that their payment method remains valid at each renewal of the subscription.

Article 11. Financial Conditions

The prices charged are those in effect at the time of billing, as published in Unolia's Service and Pricing Schedule. Unless otherwise specified, all prices indicated on the website, quotes, or Unolia's Service and Pricing Schedule are quoted in euros excluding taxes (HT).

In the event of a promotion, Unolia commits to applying the promotional price to any order placed during the period of the promotion advertisement.

At any time, Unolia reserves the right to modify its prices. These price changes are applicable immediately for any new subscription. For ongoing subscriptions, Unolia will notify the User by email of the price change and inform them of a thirty (30) calendar day reflection period. From the receipt of this email, the User therefore has thirty (30) calendar days to terminate, under the conditions mentioned in Article 12.1, the subscription(s) affected by the price change without penalty. Otherwise, the User is deemed to have accepted the new price(s).

The User understands that the right to terminate available to them in the event of a price change does not apply when this change results from unforeseen circumstances as provided in Article 1195 of the Civil Code.

Article 12. Termination

12.1. Conventional Termination: Once engaged, the User may terminate their subscription at any time via the option provided for this purpose in their personal space.

The termination of the subscription becomes effective at the end of the current payment cycle, allowing the User to continue benefiting from the Service until the last day of the period for which their subscription is valid and under the usual conditions. Beyond this deadline, the Contract is terminated.

12.2. Termination for Breach: Without prejudice to other termination cases provided in the Contract, in the event of a breach by either party of any or all obligations assigned to them, the Contract may be terminated by registered letter with acknowledgment of receipt after a notification of the breaches in question has previously been sent by registered letter with acknowledgment of receipt to the defaulting party and has remained ineffective for ten (10) calendar days.

Notwithstanding the above, in the case of malicious, abusive, dangerous, fraudulent, or illegal use of the services and/or the Platform, or use in violation of the rights of a third party, Unolia may, by right, terminate the Contract in its entirety, by email and without prior notice. This paragraph does not affect Unolia's right to suspend or interrupt the Service and/or the User's account under the conditions provided in the Contract, particularly in the event of non-compliance with the provisions of the Contract. Terminations for breach are without prejudice to any damages that may be claimed from the defaulting party.

Article 13. Intellectual Property

In any case, the Tool, the website, its structure and interfaces, the source code, databases, texts, animated or non-animated images, videos, and all other elements appearing on the site are the exclusive property of Mr. Eser DENIZ. They are protected by French intellectual property law, to which the User declares their compliance.

Consequently, the User understands that only the use of the site for private purposes is permitted.

The trademarks, logos, and other distinctive signs present on the site are also protected by intellectual property law. Therefore, the User may not use the name "Unolia" or its logo, alone or in combination, by reproduction or imitation, for any purpose and on any medium, without the prior written consent of Unolia.

In the event of non-compliance with these obligations, the User understands that they may be held civilly and/or criminally liable before the competent jurisdiction.

Article 14. Suspension of the User Account

At any time, upon simple notification, Unolia may suspend the User's account, particularly in the following cases (without this list being exhaustive):

  • In the event of the User's breach of their contractual or legal obligations;
  • In the case of malicious, abusive, dangerous, fraudulent, or illegal use of the services and/or the Platform, or use in violation of the rights of a third party;
  • At the request of a competent administrative or judicial authority;
  • Temporarily, for security reasons, when unusual activity is suspected or detected that raises concerns about a risk to the User or Unolia (data siphoning, account access tampering, etc.). In this case, Unolia strives to minimize the duration of the suspension and limit its consequences for the User.

The suspension of the User account shall in no case result in its deletion.

Article 15. Update of Terms

At any time and without prior notice, Unolia may modify these General Terms of Service to adapt them to the evolution of its services or to comply with legal and regulatory changes.

Any modification to these General Terms of Service will be communicated to the User by email at least 30 days before they come into effect. The absence of objection from the User within this period will be deemed acceptance of the new General Terms of Service. In the event of disagreement, the User may terminate the Contract immediately without penalty.

The applicable General Terms of Service are those in effect on the date of use.

Article 16. Limitation of Liability

Consultation of Unolia's website and use of its services are carried out under the User's responsibility. The User also understands that Unolia may need to temporarily interrupt its Service for technical reasons. Consequently, they accept this possibility and waive any claims or recourse in this regard. Furthermore, the User is aware that the Service provided by Unolia is limited by the technical characteristics inherent to the Internet (response times, technical performance, risks of interruption, risks related to data transmission, etc.).

Therefore, Unolia's liability cannot be engaged (without the following list being exhaustive):

  • In the event of use of the services not in accordance with the provisions of the Contract
  • In the event of inadequacy of the Service to the User's needs
  • In the event of and on the grounds of indirect damages, including commercial disruption, loss of orders, exploitation, profits, or customers, or damage to brand image
  • In the event of harm suffered by the User resulting from their error, fault, or breach of their contractual or legal obligations
  • In the event of loss, disclosure, malicious, fraudulent, or illegal use of the username and/or password by the User or a third party
  • In the event of damage arising from incorrect information or advice provided by a third party regarding the Service, the Platform, or Unolia itself (Unolia being the only entity capable of correctly providing information related to its activity)
  • In the event of damage resulting from the slowdown, discontinuity, decrease in quality, or temporary suspension of Unolia's Service related to a failure, maintenance, or update of its website or Tool, or for any other technical reason
  • In the event of an occurrence beyond Unolia's control, including hacking, cyberattacks, network malfunctions, server malfunctions, bugs, viruses, trojans, malfunctions, or damage affecting the User's computer hardware, or any other similar issues
  • In the event of a slowdown, suspension, or decrease in the quality of Unolia's Service requested by a competent administrative or judicial authority
  • In the event of an occurrence constituting a case of force majeure (as defined by applicable law and jurisprudence) that prevents Unolia from fulfilling all or part of its obligations. In such a case, Unolia will inform the User by any means within five (5) working days from the day it discovers the occurrence of this event and will make reasonable efforts to implement appropriate measures to limit its consequences.

Article 17. Applicable Law and Jurisdiction

These General Terms, and more generally the relations between the User and Unolia, are governed by French law, excluding conflict of law rules and provisions to which this Contract deviates.

Any dispute between the parties regarding acceptance, validity, interpretation, execution, or termination will be submitted, in the first instance, to the exclusive jurisdiction of the Paris Commercial Court.

Article 18. Dispute Resolution

18.1. Between Unolia and a Professional
In the event of a dispute arising between the parties regarding the acceptance, validity, interpretation, execution, interruption, or termination of these General Terms of Service, the User and Unolia shall strive to resolve it amicably.

Caution

If this dispute persists beyond a period of twenty-one (21) calendar days from its occurrence, it will be submitted to the exclusive jurisdiction of the Paris Commercial Court (France), notwithstanding the plurality of defendants or third-party claims, including for emergency, protective measures in summary proceedings or by request.

18.2. Between Unolia and a Consumer or Non-Professional
In the event of a dispute arising between the parties regarding the acceptance, validity, interpretation, execution, interruption, or termination of these General Terms of Service, the User and Unolia shall strive to resolve it amicably. During this amicable resolution phase, the consumer and the non-professional are free to refer the matter to CMAP for mediation in accordance with Articles L.611-1 to L.616-3 of the Consumer Code.

The CMAP can be contacted by the User using the following details:

If this dispute persists beyond a period of thirty (30) calendar days from its occurrence, the parties are free to bring it before the competent French courts.

Article 19. General Provisions

19.1. Severability and Interdependence: If any provision of these General Terms of Service is declared null or invalid, or considered as such due to a decision rendered by a competent jurisdiction and becoming final, or due to the enactment of a legal or regulatory provision, the other provisions shall retain their full force and scope.

If necessary, the Parties agree, to the extent of a reasonable effort, to replace the defective clause with a new provision that is compatible and consistent with the spirit and text of these General Terms of Service.

19.2. Tolerance and Waiver: The fact that Unolia does not invoke, derogate from, or fail to apply any of the clauses of these General Terms of Service, or tolerates a breach by the User in relation to them, shall not be deemed a waiver of Unolia's right to apply them and to have them applied subsequently.

19.3. Independence: Unolia and the User agree that these General Terms of Service shall not be interpreted as any form of collaboration creating an association or joint venture between them. Unolia and the User are and remain perfectly independent and autonomous, so that each is and remains responsible for its respective affairs.

19.4. Third Parties: Under this Contract, Unolia makes no commitments to any third party, including the User's clients, suppliers, partners, and creditors. No provision shall be interpreted as creating third-party beneficiaries of this Contract. The User is solely responsible for the relationships they maintain with third parties under the Contract and shall indemnify Unolia against any claims, demands, and/or actions that such third party may bring against Unolia or its services.

The User further agrees to notify Unolia in writing and as soon as possible of any requests, claims, and/or actions from third parties involving Unolia or its services, specifying their subject and all useful information so that Unolia can provide the appropriate elements.


Last updated: November 10, 2024