Terms and Conditions

These Terms and Conditions are up-to-date as of December 12, 2024.

1. Preamble

The purpose of these Terms and Conditions is to provide a legal framework for the terms and conditions for the provision of the SaaS software « Back-Office.pro » designed by the Company and to define the conditions of access and use of the Software by the User.

2. Definitions

The terms defined and used herein have the following meanings:

Back-Office.pro: refers to the back office creation tool made available in SaaS (Software as a Service) mode.

T&Cs: refers to these Terms and Conditions which frame and define the relationship between the Company and the User under the terms of the use of the Software.

Login credentials: refers to the email address and password entered when creating the account from the Software.

The Company: designates the company named « Dev & Software », a sole proprietorship with limited liability with a share capital of 1000 euros, whose registered office is located in PARIS (75008) (FRANCE), 60 Rue François 1er, registered with the Register of Commerce and Companies of PARIS and identified under the SIREN number 938810660, and a party to this Contract.

Software: refers to the Back-Office.pro web application.

Agent: refers to any natural person, employee or service provider of the Client, who has an account allowing access to and use of the Software, and acting under the responsibility of the Client.

Role: refers to all the permissions granted to a user in connection with the use of the Software.

Site: refers to the site domiciled at the address: www.back-office.pro, presenting the Software and its functionalities and allowing the subscription to be taken.

User: refers to any natural or legal person who has subscribed to the Software under the conditions set out in the T&Cs, and is a party to this Agreement.

Visitor: refers to any person browsing the Site without having created an account or subscribed to the Software.

3. Access to and Use of the Software

3.1. Access to the Software

Access to and use of the Software simply requires a computer and an internet connection. The User chooses his operators and Internet service providers under his own responsibility. The costs and expenses of telecommunications and internet access allowing the use of the Software remain the sole responsibility of the User.

Access to and use of the Software is subject to a charge under the conditions set out in the General Terms and Conditions of Sale.

3.2. Use of the Software

To use the Software, the User must create an account by entering his e-mail address and a password which constitute his login credentials.

Login credentials are strictly personal and confidential. The User must not divulge them and must ensure that they are kept secret.

3.3. Creating access rights

The User may give access rights to any employee, natural or legal person, employee or service provider, by creating an account within the Software. Each account is associated with a « role » that the User chooses between a pre-defined role: an « administrator role » or a « collaborator role »; and a role to be defined himself, customizable according to his needs.

Once the account has been created, the email address and password entered constitute the login credentials for the Software.

The User acknowledges that his personal use as well as the use of any employee is carried out under his sole and entire responsibility.

4. Services provided

4.1. Services offered by the Software

The Software offers the following services:

• Creation of a fully customizable back office: configure the name, logo, address, website, theme color, default locale and time zone and manage feature flags;
• Convert entities to a reliable JSON API with versioning and OpenAPI 3.1 documentation and monitor endpoint performance and track API requests and keys;
• Data creation, recovery, updating, deletion, archiving, restoration;
• Import of pre-existing data using CSV templates or via API;
• Export of data in different formats: PDF, CSV, iCalendar or as a QR code;
• Provision of community features to manage tasks, organize meetings, and send messages to other users;
• Personalized management thanks to the activation of notifications according to preferences and the organization of roles and permissions for each part of the back office;
• Sending customizable emails according to templates provided by the Software;
• Storage of files in secure cloud servers that are analyzed by an antivirus before being downloaded;
• Automatic database backup every day and data encryption;
• Automatically generated unit and integration tests, with continuous integration allowing for complete codebase coverage.

4.2. Non-exhaustive list

The above list is not exhaustive; all specifications of the Software are described and presented on the Site with the greatest possible accuracy.

5. Availability of the Software

The Software is available seven (7) days a week and twenty-four (24) hours a day, subject to any updates, maintenance, bug or anomaly corrections and force majeure.

The Company does not guarantee access to and permanent operation of the Software. The User will be warned, as far as possible, before any suspension or interruption of the Software related to updates or maintenance operations.

To ensure its proper functioning, the Company reserves the right to temporarily suspend access to the Software, with or without notice, in order to correct any bug or anomaly, without this giving rise to any right to any obligation or compensation.

6. Responsibilities of the User

6.1. User Content

The User is fully responsible for all data entered and any content imported, by himself or through his agents, into the Software.

The Company has no knowledge of the data entered or the content generated from the Software that is specific to and belongs to the User. In the event of termination of the subscription, the Company offers the User a period of thirty (30) days to allow him/her to extract his/her data and content before the permanent deletion of his/her account.

6.2. Restrictions

The User undertakes to strictly use the Software for the use for which it is intended while respecting these Terms and Conditions.

As such, it is forbidden to import, store, or distribute on the Software, and without this list being exhaustive:

• pornographic, obscene, indecent, violent content,
• insulting, hateful, defamatory, racist, xenophobic content,
• content that infringes on privacy,
• infringing content,
• false, misleading content,
• content that proposes or promotes illicit, fraudulent or deceptive activities, or that could incite the commission of crimes and offences,
• and more generally content likely to infringe, in any way and in any form whatsoever, the rights of third parties or the Company, and for any reason whatsoever.

In the event of non-compliance or failure, the Company reserves the right to suspend or prohibit access to the User's Software, without notice.

7. Exclusion of liability of the Company

The User is responsible for his equipment as well as his internet connection. The Company cannot be held responsible in the event of slowdown and/or malfunction of the Software related to problems with the internet network or failure of the telecommunications networks used by the User.

The Company cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

8. Intellectual property rights

The Company is, and remains, the sole owner of all intellectual property rights and copyrights in the Software.

The logos, images, videos, graphics, texts, documentation, blog articles, demos, associated with the Software, and more particularly all the content present on the Site are protected by the Intellectual Property Code as well as by copyright.

Any reproduction, representation, adaptation, modification, publication, transmission, distortion, integration into another site, commercial exploitation and/or total or partial reuse of all the content associated with the Site and/or the Software, by any process, and on any medium, is strictly prohibited and could constitute an infringement punishable by articles L335-3 et seq. of the Intellectual Property Code.

9. Data collection

9.1. Personal data

The Company ensures that the User collects and processes personal information in accordance with the French Data Protection Act No. 78-17 of 6 January 1978 and Regulation 2016/679 of 27 April 2016 on the protection of personal data (or « GDPR »).

The User has the right to access, rectify, delete and oppose his or her personal data.

The provisions concerning the protection of personal data are detailed in the document entitled "Privacy Policy" accessible from the Site.

9.2. Cookies

During visits to the Site, cookies may be installed on the browser software of any visitor. It is possible to accept or reject them, without this choice having any impact on the navigation of the Site.

10. Legal value of the Terms and Conditions

10.1. Contractual force and enforceability of the T&Cs

These Terms and Conditions are visible and accessible to any visitor from the www.back-office.pro website.

Before using the Software, the User must read and accept the Terms and Conditions. In the event of disagreement with one or more of the terms, the User must renounce the use of the Software.

Any registration, creation of an account, or use of the Software implies full and unreserved acceptance of the T&Cs.

10.2. Evolution of the T&Cs

The Company reserves the right to unilaterally modify one or more clauses of these T&Cs at any time.

10.3. Duration of the Agreement

This Agreement is concluded between the User and the Company for an indefinite period. The Contract shall take effect from the time the Software is made available by the Company to the User.

11. Applicable law and jurisdiction

11.1. Governing Law

These Terms and Conditions are written in French (and translated in English) and governed by French law.

In the event of a translation of these T&Cs into a foreign language, French law remains the applicable law. In the event of a contradiction, only the French version will be authentic between the User and the Company.

11.2. Attribution of jurisdiction

In the event of a dispute relating to the interpretation or execution of this Agreement, the User and the Company undertake to make the best efforts to resolve any dispute between them amicably. In the absence of an amicable resolution, exclusive jurisdiction is expressly attributed to the courts of PARIS (France).