General Terms and Conditions of Sale (GTCS)

Article 1: Purpose

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") define the technical, legal, and financial conditions under which the customer (hereinafter referred to as "the Client") subscribes to the services of LUXIA, an AI chatbot creation SaaS solution, published by ESKELIA SASU.
These GTCS govern all services offered by ESKELIA (hereinafter referred to as "the Provider"), whose registered office is located at 10 rue de Penthièvre, 75008 Paris (France), registered under number 898 123 492 RCS Paris.

In the absence of a specific contract between ESKELIA and the Client, these GTCS apply automatically and without reservation to any service order or subscription (monthly or annual) related to LUXIA.

Article 2: Application

Any purchase or subscription made by the Client implies full and complete acceptance of these GTCS, which the Client declares to have read, understood, and accepted without reservation. No general or specific purchasing conditions of the Client may, unless expressly accepted in writing by ESKELIA, take precedence over these GTCS.

Before any service provision, a quote or commercial proposal may be provided to the Client. This commercial proposal (or quote) forms an integral part of these GTCS.

Article 3: Quotes, Orders, and Subscription

Quotes / Proposals: Unless otherwise stated, a quote or commercial proposal is valid for 1 (one) month from the date of issue. After this period, a renewal of the proposal may be required.
Acceptance: Any order or subscription is considered firm only after written validation (electronic or paper) of the quote or commercial proposal by the Client.
Monthly or Annual Subscriptions:
- Monthly Plan: The Client commits to a monthly period, automatically renewable.
- Annual Plan: The Client commits to a 12-month period, automatically renewable for another annual period unless previously terminated.

To cancel or modify the subscription, the Client must follow the procedure indicated in their LUXIA account management area or contact ESKELIA directly.

Article 4: Location, Duration, and Service Activation

Service Location: The service (development, maintenance, implementation) is provided online or at ESKELIA’s premises if necessary.
Duration: Execution or delivery times are specified in the commercial proposal or at the time of subscription. The service activation dates for LUXIA are specified upon access activation by ESKELIA.
Collaboration and Delays: The Client agrees to provide all necessary elements and information for the proper execution of the service. If the Client delays providing information, delivery or availability deadlines may be reassessed.

Article 5: Pricing and Subscriptions

Current Rates: Prices are those listed in the quote, commercial proposal, or on the LUXIA website. They are expressed in euros (EUR) and excluding taxes (HT), unless otherwise stated.
Subscription Plans: Monthly or annual plans, as well as their pricing and features, are described on the LUXIA website or in the commercial proposal. Offers may include standard plans (monthly or annual) and specific custom plans available upon request.
Price Adjustments: ESKELIA reserves the right to modify its pricing at any time. However, the prices in effect at the time of order or subscription remain applicable to the Client for the current commitment period.
Additional Fees: Costs related to hosting, travel, meals, or external service purchases (if necessary) are invoiced separately according to the commercial proposal.

Article 6: Order Withdrawal

Withdrawal Period: In accordance with legislation, a withdrawal right of 7 (seven) business days may be accepted, provided that service execution has not started before the expiration of this period.
Effect of Withdrawal: No charges will be billed to the Client, except for any deposit paid, which will not be refunded.

Article 7: Payment Terms and Late Payments

Payment Terms:
- Services or subscriptions may be billed monthly or annually, depending on the chosen plan.
- Invoices are payable upon receipt unless otherwise stated.
- Stripe is used by ESKELIA for subscription-related payments.
Late Payment:
- In case of late or non-payment, all amounts due become immediately payable.
- Late penalties may be applied at a rate of three times the legal interest rate in effect.
- A fixed collection fee of €50 will be charged, in addition to any legal recovery procedures.
- ESKELIA reserves the right to suspend or terminate LUXIA access in case of repeated non-payment.

Article 8: Warranties and After-Sales Service

Compliance Guarantee: For a one-time service exceeding €2500 HT, a 60-day warranty period applies from the delivery date to correct any malfunctions.
Maintenance for Subscription Plans: Subscription plans include corrective and evolutionary maintenance according to the chosen plan. Details are specified in the commercial proposal or LUXIA documentation.

Article 9: Collaboration Obligation

The Client agrees to provide ESKELIA with all necessary information for service execution or the proper operation of their LUXIA subscription. Any delay or omission by the Client may result in delivery postponements or additional charges.

Article 10: Provider's Obligation of Means

ESKELIA is bound by an obligation of means to perform the service or LUXIA solution with care and in accordance with industry standards. ESKELIA shall not be held liable for issues arising from the Client’s misuse of the LUXIA service.

Article 11: Liability

Data and Files: The Client is responsible for backing up their data. ESKELIA shall not be held liable for any data loss or damage.
Usage and Distribution: Once a service is delivered or activated, the Client assumes full responsibility for its use, content, and distribution.
Liability Limitation: In the event of ESKELIA’s liability, compensation is limited to the total amount paid by the Client in the 12 (twelve) months preceding the event giving rise to the damage.

Article 12: Confidentiality

ESKELIA is committed to strict confidentiality regarding the Client’s provided information. This obligation does not apply to publicly available information or data legally obtained from third parties.

Article 13: Intellectual Property

Created Works: All elements (developments, documents, designs) remain the property of ESKELIA until full payment.
Transferred Rights: Unless otherwise agreed, exploitation rights (reproduction, representation) are transferred to the Client upon full payment, with an obligation to retain a credit such as “Created by ESKELIA” and/or a hyperlink to https://www.eskelia.com where applicable.

Article 14: Force Majeure

ESKELIA shall not be liable for any failure to fulfill contractual obligations due to force majeure events. Deadlines will be automatically extended in such cases.

Article 15: Personal Data

ESKELIA complies with GDPR regulations as a data processor, ensuring appropriate security measures. Details are available in the Privacy Policy.

Article 16: Subcontracting

ESKELIA may subcontract certain services (hosting, payments, etc.), remaining fully responsible for their execution.

Article 17: Claims and Limitation

Claims related to LUXIA services must be submitted in writing within a reasonable period. ESKELIA’s liability for direct damages is limited to amounts paid by the Client.

Article 18: Termination

Termination by the Client: Monthly subscriptions can be terminated at any time, effective at the end of the current period. Annual subscriptions must be canceled before renewal.
Other Cases: ESKELIA may suspend or terminate services in case of non-payment or serious breaches.
Effects of Termination: Completed services remain payable.

Article 19: Applicable Law and Disputes

These GTCS are governed by French law. Disputes will be settled amicably or through arbitration.

Last update: 01/01/2025 – Paris, France