General conditions of use of Azopio’s services
Updated on the 16th of March 2017
Article 1: Agreement of the general conditions of the Azopio service
These General Conditions apply to all contracts between Azopio, a simplified joint-stock company, registered with the Paris commercial registry under no. 821 449 634 and headquartered at 38, Avenue de Wagram, 75008 Paris, France, represented by his serving President (hereafter « Azopio »), and the legal person (here after the « User ») having subscribed online to the services proposed by Azopio on its internet website, accessible at the following address: https://www.azopio.com/(hereafter « the Website ») and its platform, accessible at the following address app.azopio.com.
These General Conditions are the only ones applicable and replace all other conditions, except for prior express and written exemption.
Azopio may be occasionally obliged to modify certain provisions of its General Conditions, and it is therefore necessary to review the latest before each Website visit.
Any purchase, service subscription or free subscription on the Website is governed by the General Conditions applicable to the date of order.
By validating his order and by ticking the box « I agree to Azopio’s general conditions of use of services», the User agrees and accepts, without reservation, the General Conditions after having read them, and he therefore acknowledges that he is fully informed and bound to all present clauses. By accessing the Website, the User agrees and accepts to abide by these conditions.
Article 2: Definition of Azopio’s Document Management Service
For the purpose of these General Conditions, the following words, shall they be in their singular or plural form shall have the following meaning:
- Subscription: refers to a range of services corresponding to a particular offer for a given period and in exchange of a fixed flat-rate price.
- Account: refers to any User of the Azopio Service, with a valid registration, having paid or not for the use of Azopio services and who has accepted these General Conditions.
- General Conditions: refers to this agreement.
- Document: refers to the electronic Document submitted to Azopio, processed and transferred by Azopio in the Personal space that the User would have selected beforehand.
- Azopio Service refers to the application module and the database provided to the User who registered and has agreed to these General Conditions. This application is accessible through the Website app.azopio.com and enables any User to file, read, print, share, transfer and save his personal Documents.
- Platform: refers to all Azopio software resources, accessible on the internet, particularly through the website app.azopio.com and through which Azopio provides to the User the Services.
- Service: refers to all services, whether paid or free, accessible to Azopio’s Users.
- Paid Service: refers to all paid services accessible to Azopio’s Users with a valid subscription.
- Website: refers to Azopio Website accessible at the following address app.azopio.com
- User: refers to any or all valid registered users to Azopio’s Service, whether or not they access Paid Services.
Article 3: Scope
The purpose of these General Conditions is to define the conditions in which Azopio will provide the User with services for Document management.
Azopio has developed an innovative and complete solution in order to:
- Manage the online filing of Documents on a personal space belonging to the User,
- Access and visualize his Documents from any devices connected to the Internet ;
- Search his Documents in plain text ;
- Use a specific methodology of automatic filing of paper or digital Documents;
- Provide the capacity to transfer some Documents and some of its data towards other platforms of services and information process;
Article 4: Equipment and Connection required for the use of Azopio’s Document management service
The User is informed that the access to the Services requires having a computer with a browser and an internet connection which he acknowledges to already have.
Article 5: User information on the Services of Management of Paper and Electronic Documents
The User declares that he has been informed of the conditions available on the Website concerning the main features of Services and Subscriptions.
Article 6: Subscription Prices and Management of Paper and Electronic Documents Services Prices
The current prices of the various Subscriptions and Services subscribed in addition are available on Azopio’s Website.
Article 7: Access and Registration to the Services of Azopio’s Document Management
To use Azopio services, any User must be at least 18 years old, be juridically capable of contracting and using the Site conformingly with the present General Conditions.
The User guarantees the accuracy and the truthfulness of the personal details they provide on the Website.
Azopio reserves the right to cancel or refuse any subscription (registration – subscription renewal – subscription modification – and any other service) of a User with whom a dispute should exist relative to the payment of a previous subscription.
The Website is available in French and English language.
The information technology and telecommunications equipment IT and telecommunications equipment (e.g. personal computers, laptops, software, electronic communication terminals, internet access, etc.…) enabling access to Azopio services are solely the User’s responsibilities and costs, in addition to the telecommunication costs induced by their use.
To become an Azopio User and to get an account, any User must register directly onto the Website by filling up a form. Once the registration form has been filled up and submitted to Azopio, an email will be sent by Azopio to the User confirming his subscription and inviting the user to activate his account.
Once the account has been activated the User will be invited to:
- Choose a subscription amongst the offers proposed on the Website.
- In the case of a Paid Service:
- Fill-up all of the mandatory fields related to the billing information;
- Choose his payment method for a Paid Service. The Personal Space and the main Account are created before payment and accessible for free. After payment validation, Azopio updates the User Personal Space into a Paid Service depending on the selected subscription. After payment validation, each User receives an email transmitting him the information related to the payment and the selected subscription;
The User guarantees that the personal data communicated are correct and true.
In case of any information modification, or change of email address, any User must change his personal information in the section « Manage your account ».
In case of wrong information, Azopio could decide to block or to remove the User Account, and all the data stored linked to it.
Azopio informs any of its Users that the access to their account and Personal Space could be temporarily or permanently stopped in case of the following events:
- In case of maintenance operations or software updates.
- In case the User would misuse the Services offered by Azopio.
In accordance with the Article L 121-20 of the French Consumer Code, the User has the right to cancel his order within seven (7) days following the subscription to Azopio’s Services to exercise his right of withdrawal, without any penalty and without having to give a reason. However, in accordance with the Article L 121-20-2, 1° of the French Consumer Code, the right of withdrawal can no longer be exercised if the User has used the concerned services.
The User shall notify Azopio of his choice within the time-limit by registered mail.
The shipping costs incurred during withdrawal shall be paid for by the User.
Article 8: Username and password enabling access to the Azopio service
The User promises to keep the username and password that enables him to have access to the Services secret.
The User must regularly change his password and shall follow all the warning and security measures that Azopio could communicate.
Article 9: Use of the Storage and Paper and Electronic Document Management Services from Azopio
The Documents can be added to Azopio Personal Space through different means:
- Electronically: If the personal Documents already exist under a format already managed by the service, the User can store them directly in his personal storage space by connecting to his Account, and clicking on the “Add a document” button to drag and drop them in the dedicated area. He can also send them by email to the personal address that can be found by clicking on the button « Add a Document »
- Digitally: If the personal Documents do not exist in a digital format, they can be directly digitized by scanning the Documents with a Demat’Box scanner from the company Sagemcom or with any other scanner or multi-function printer allowing the sending of the scanned Document by email.
- By automatic Supplier Invoice Document retrieval: If the Document is available on a client space of a Third party Supplier Invoice provider, the User can configure an automatic Document retrieval task by clicking on « Manage your account » and then « Add your supplier accounts ».
- By automatic Bank transactions retrieval: If banking transactions are available on an online banking’s client space, the User can configure an automatic banking transactions retrieval task by clicking on « Manage your account » and then « Add your bank accounts ».
- Availability of the Documents in the User Personal Space: Whichever method used to add Documents into the Personal Space, these latest are available a few minutes after adding them. The process time depends on the size of the Document, and of its original size (paper – longer – or electronic). The Documents can be reviewed « forever » as long as they are not deleted from the Personal Space. They can be shared with Third parties. A PDF viewer allows viewing without having to download them.
Article 10: Change of an Azopio’s Subscription
In the event the User chooses to modify his subscription package, the new package shall be activated as soon as the new subscription has been paid for (whether this is an upscale or downgrade subscription).
If, after a Paid subscription, the User decides to subscribe to a free one, he keeps his account credentials, and all the Documents stored in his Personal Space. The Services linked to the Paid Subscription are no longer accessible; if the maximum capacity for the Free Subscription is reached, then all Documents are no longer processed automatically by Azopio although they can be processed “manually” by the User from the Website.
Article 11: Length of Azopio’s Subscription
The Subscription length starts from the date of the online subscription to the Free or Paid Services.
The Subscriptions are renewable by tacit agreement unless the User stops his direct debit before the anniversary date of his Subscription.
In case the payment stops, the User Personal Space shall automatically be downgraded to a Free Service following the Subscription period.
The present agreement can be terminated at any time by the User by stopping any future direct debit.
The User is informed that the termination of a Paid Service for a Free Service will restrict the functions of his Personal Space as described in Article 10 of these General Conditions.
The termination of a Free Subscription to Azopio Services can be done at any time by the User from his personal account.
The permanent termination takes effect thirty (30) working days from notification of the termination.
Following this period, Azopio will proceed to the definitive deletion of the personal data provided by the User.
Article 12: Payment of the Services provided by Azopio
The Subscriptions and Services are payable monthly in advance.
The payment is made from the secured platform of the Payment Service provider of Azopio towards which the User is automatically directed.
The User hereby expressly acknowledges and accepts to pay the monthly fees of his Subscription within the time-limit of the validity of his debit card.
It is the User’s responsibility to inform the provider of the Payment Service of Azopio of all modifications of the information relative to his debit card during the validity period (for example loss or theft) and whilst renewing following the expiry. If the debit card payment was rejected by the User’s bank, Azopio reserves the right to immediately suspend or terminate access to the Paid Services that the User is granted until the latest has resumed payment of his current Subscription.
The hereunder provisions are without prejudice of the application of the provisions of the Articles about Termination by the User and Termination by Azopio hereunder.
Azopio does not keep any information concerning the debit/credit card of the User.
Article 13: User Rights on his Documents and Confidentiality
The Subscription length starts from the date of the online subscription to the Free or Paid Services.
Azopio does not acquire any rights on the Documents and the information that they contain and which exclusively and completely remain the User.
Azopio ensures the strict confidentiality of the User Documents and their contents, and of the information concerning the User’s business activities.
The User authorizes Azopio to proceed to an automatic read-only and analysis of the content of the Documents of his Personal Space, to the sole aim of character recognition, indexing, and for specific Services for contextual advertising. All the automatic processing is done for the account of, to the request of and to the name of the User.
The Documents and/or their contents and all other personal data concerning the User are never communicated to third parties expect prior explicit authorization of the User on an ad hoc basis or for the requirements of the subscribed Services.
In any case, these transmissions will respect the French Data Protection and Freedom of Information law amended by the Decree of the 20th of October 2005 and particularly its article 69 (transposing Article 25 of the European Directive 95/46/CE) tackling an extra national transfer (EU, Switzerland, Canada or United States/ Safe Harbor) respecting all the security measures imposed by Azopio.
Automatic Documents and transactions retrieval
Azopio has no knowledge of the user name and password used for the automatic Document and transactions retrieval process by the Users.
Therefore it results that Azopio will not be able to provide technical support regarding password retrieval for the Personal Access of an Invoice or Transactions Provider.
The User has the sole responsibility of the dematerialization request of his invoices and/or transactions from his supplier to access the service, similarly he has the sole responsibility to request re-materialization if he wishes to come back to a paper format.
By configuring an automatic Documents and transactions retrieval, the User gives Azopio the right to perform all the necessary actions to retrieve in his name the Documents and transactions hosted on the Invoice or Transactions Supplier’s website. Azopio is not allowed to perform actions on the host website and in the User’s name, which would not be necessary for the Documents retrieval defined by the provider.
Azopio’s infrastructure are installed in highly-secured Data-Centers, located in the European Union, offering all the security warranties such as anti-intrusion, and fire protection, the data duplication on multiple servers, highly protected building facilities protected by video surveillance 24 hours a day, 7days a week with access control limited to authorized staff only.
The stored data on Azopio servers are protected by software and equipment protection software (firewall, anti-virus, anti-spam...) and encrypted data transmissions (SSL 128 bits).
Article 14: Availability of Azopio’s services
Azopio commits itself to ensure the operation of its software Platform so as the User can access the Services 7 days a week, 24 hour a day.
In case of technical failures affecting access to the website or the operation of the Platform for reasons beyond Azopio such as, particularly, the interruption of the telecommunication systems, interruption of the Internet or of the services of the Information Technology providers, for whichever reasons it could be.
Azopio agrees to use all the resources at its disposal to:
- Inform the User as soon as possible
- Reestablish an access to the Services, even in a downgraded mode, within the shorter possible timeframes
- Enable the User to download his Documents and transactions
The specific events mentioned here above shall have no consequence, and shall not affect the continuation of the present contract and shall not result in any claims from the User, these events being the consequence of force majeure.
Article 15: Liabilities of the User of the Service
Liabilities of the content
The User is solely liable for the content that he has created, stored, and transmitted under the use of the services. Azopio shall not be held responsible for the consequences of the use of its service by the User.
It is the User’s liabilities to check that the content processed through the Service:
- Does not infringe the Intellectual Property rights
- Does not contain any software bugs,
- Does not advocate crime, or any other criminal activities,
- Does not include any pedophilia, pornographic, obscene, racist, and defamatory or revisionist contents.
Azopio agrees and accepts that no ownership rights in relation with the Content processed by the Service shall be transferred or given to Azopio by the User. Azopio does not control the content stored by the User via its Service.
In case of violation by the User of the provisions mentioned here above, Azopio has the rights to cancel or delete immediately of his Accounts and Personal Space as pleased, without having to reimburse him his Subscription or to any compensation with regards to this measure.
The User is solely liable of his decision of sharing one of his Documents with another User or to give access to a third party.
The User is informed that the Sharing function of a Document enables the User who benefits from the Sharing, to transfer a copy of the shared Document onto his own space or to download it. Once this transfer achieved, the User has no longer the facility to recall the copy of the transferred Document even so he cancelled any future sharing, or that he cancelled himself the Document from his own Personal Space.
Automatic Documents and Transactions retrieval
The User is entirely liable of the use of this service, in particular he should ensure to not violate the Conditions of Use of the Services on which he downloads his digital Documents. Azopio shall not be responsible of the misuse, by a User, of connection details that does not belong to him.
The User provides Azopio with the login details required for the connection into the Document or Transaction Provider’s website from which he wishes to download Documents.
The User promises to use the retrieval tools from Azopio only to retrieve Documents that are concerning him and that he has the right to download. The User agrees and accepts the General Conditions, which have been signed with the Third party Provider, and authorizes Azopio to get the User’s login details, and to give it the right to download the User’s management Documents.
Azopio declines all liabilities in case of non-respect by the User of the hereafter conditions and shall not be held liable in case of misuse or malicious use by the User, in particular if he has provided Azopio with login details that do not belong to him.
Article 16: Termination by Azopio
In case of non-execution by the User of any of the provisions stipulated within these General Conditions or by the current legislation, or upon request by the competent authorities, Azopio can terminate the delivery of or access and use of the Accounts and Personal User Space without any prior notice.
In this case fifteen (15) days after a notification addressed by registered letter with recorded delivery or by email, Azopio could proceed to the deletion of the concerned accounts and Personal Space, without any formality.
The User is allowed this time limit to comply with the authorities’ requirements as necessary.
Article 17 – Limitation of the liabilities
The User understands that the character recognition is mainly based upon a statistical process and that recognition mistakes are inherent to this process.
The User is liable to organize the management of those errors, to control the process of recognition and to correct the errors.
Azopio or its providers shall not be held liable for the prejudice caused by errors resulting from the character recognition process.
Azopio’s liability is limited to the commitments made under this Agreement and shall not be incurred as a result of:
- Damages due to the partial or total fulfillment of his provisions by the User
- Direct or indirect damages incurred by the use or by the performances of the Service caused to the User.
Azopio shall not be held liable for the malfunctions or eventual damages of the IT system of the user caused by the compliant or non-compliant use of the Service, including all eventual user data loss.
The Parties expressly agree that any or all pecuniary or business loss (for example data loss, any loss of profits whatsoever, or commercial prejudice, operating loss, loss of customers or orders, shortfall in earning, opportunity cost, any disturbance to business activities) or any action directed against the User by a Third Party (to the exception of in the case referred to in the article Warranty in case of Counterfeit of the Contract), constitute an indirect damage and shall not provide entitlement to any or all compensation.
Moreover, the technical advices that Azopio could give for free to the User, are only for indicative purposes and as a result, Azopio shall not be held liable.
In no event shall Azopio’s total liability exceed the fee charged by Azopio for the right of use to the Service.
The use of the service requires a connection and an Internet Browser. The User accepts the limitations linked with Internet, in particular:
- that the response speed of the Service can be affected by a bad/low bandwidth,
- that the confidentiality of the data circulating on the Internet cannot be totally provided, and that these data can be in particular diverted,
- that the offered Service gives some complex IT functionalities and that it is not possible to test all the possibilities of use.
The User therefore agrees to acknowledge the risk of imperfect hosting or unavailability of the hosting platform or the Service.
Article 18 – Intellectual Property and Rights of Use of the Service
Azopio keeps, as a rights holder, the Intellectual Property of the Service, as well as all related prerogatives.
In accordance with the provisions of Article L. 122-6-1 of the Intellectual Property Code, Azopio has the right to correct mistakes on its own.
Azopio allows the User the right of personal use, non-exclusive and non-transferable of the Service only for the number of Accounts corresponding to the subscribed Subscription.
The User shall not acquire any property rights, or any other rights other than the ones stipulated in the Contract.
He does not acquire any rights on brands, trade names, logos or other distinctive signs, trade secrets, patents, shall it be from Azopio and/or his licensors.
The User is therefore forbidden in particular from:
- modifying or deleting whichever brand name or mark displayed on all reproduction of the Service or related resources
- reproducing, modifying, adapting the Service or provide the foregoing to third parties
- modifying, translating, analyzing, decompiling, disassembling or creating derived tools based on the Service
- correcting or making someone correct a defect of the Service without prior and written consent from Azopio
- distributing the Service via, particularly, the Internet network
- authorizing simultaneous access to the Service to a number of Accounts over the number authorized by the subscribed Subscription.
The User agrees to take all the required measures so that all the persons living or working under the same roof respect the provisions of this article.
Article 19: French Data Protection and Freedom of Information
In accordance with the law number 78-17 of the 6th of January 1978, relating to Data Protection, Data files, and Freedom of Information, as amended by the Act of 6 August 2004, the individuals who, have connected to the website and replied to the registration questions in order to access the services of the Website, have a right of opposition, of access and modification of the data concerning them.
Consequently, any individual registered on the Website has the right to rectify or to require modification, completion or clarification, updating or deletion of any of their personal information that could be incorrect, incomplete, ambiguous or expired.
This request must be written and mention the details of the originator of the request to the address: Azopio, 38, Avenue de Wagram, 75008 Paris, France.
The request can also be directly expressed by email at the address:email@example.com.
Article 20: Partial Nullity
In the event that any provision in the current General Conditions is found invalid or held to be such by any legal or regulatory body, or any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the other provisions shall remain valid and binding.
Azopio and the Client will agree to substitute the invalid clause with another closest in content to the disputed clause in order to preserve the economic balance of the contracts
Article 21: Governing Laws
These General Conditions are governed by French Law.
The language of these General Conditions is French; any version in another language is for informative value only. In case of any discrepancies between the French version and its translated version, solely the General Conditions written in French shall prevail.
Any dispute that cannot be settled amicably shall be subject to Paris’s competent courts designated according to the code of civil procedure.
Beforehand, any disagreement between Azopio and the User shall be subject to an amicable resolution attempt.
Any claims or disputes arising from the misinterpretation or execution of this agreement shall be submitted, by registered letter with recorded mail, to Azopio or by email at firstname.lastname@example.org.