InTeach publishes and makes available a micro-learning application available on mobile and in web-app format.
These GTC define the Order and delivery conditions of the Application to the Customer, to allow Users to use the Application.
They are concluded between InTeach and the Client.
In the rest of these GTCS and any other contractual document associated with them, the terms the first letter of which appears in capital letters will have the following meaning in the singular and plural:
- "Application": the InTeach application, published by InTeach. It can be used on various terminals and in web-app format at the following address: XX.
- "Terms" the general conditions of use of the Application, accessible within the Application.
- "GTC": these general conditions of sale for the Application by InTeach.
- "Customer": the Customer, who Orders licenses to the Application from InTeach.
- "Account": the Client's Account on the site www.InTeach.io, allowing him to Order access to the Application, accessible by his username and password, and containing his personal information as well as his history.
- "Order", "Order": any act of ordering licenses of the Application from InTeach.
- "Personal Data": personal data collected and processed by InTeach.
- "InTeach": LA FACTORIA, a simplified joint-stock company, with a capital of 124,500 euros, with its registered office at 29 Quai Saint-Vincent, 69001 - LYON (France), registered in the Trade and Companies Register of LYON under the number 790806905, represented by Mr. Pascal MERME, President.
- "Party": InTeach and / or the Customer, taken individually and / or collectively.
- "User": the user of the Application, employee or member of the Customer's teams.
2. Acceptance and modification of the GTC
2.1. Framework of the GTC
The GTC apply to any Order for licenses of the Application from InTeach.
2.2. Acceptance of the GTC
To order licenses of the Application, the Customer must read and accept the GTC.
This acceptance will be expressed by validating the acceptance button of the GTC when ordering, or by checking the box to this effect.
2.3. Legal capacity
To order licenses of the Application, the Customer must be a company legally registered in their country of origin.
The CGV govern the sale of the licenses of the Application only intended for a public of professionals, and not a public of consumers.
3.1. Terms of Order
The stages of the Order are as follows:
- Creation of an Account by the Customer if it is a first Order or connection to his Account if it already exists;
- Choice of licenses that the Customer wishes to Order;
- Acknowledgment and validation of the GTC by the Customer;
- Providing Customer identification information;
- Provision of payment information for the Order by the Customer;
- Viewing the summary of the Order for final validation;
- Validation of the Order by the Customer;
- Payment processing by the payment provider of InTeach.
- InTeach sends an Order confirmation email to the Customer.
Any Order is only created if InTeach sends an Order confirmation email to the Customer.
The Order information provided by the Customer must be current and real.
3.2. Order Errors
InTeach can in no way be responsible for input errors by the Customer during the Order, or their possible consequences.
InTeach will not be under any obligation to accept a cancellation or modification without charge of the order in case of error.
Any Order placed is fully due.
3.3. Refusal of Order
InTeach reserves the right to refuse any order for legitimate reasons, in particular in the event of payment problems, problems following the provision of incomplete and / or inaccurate information by the Customer, abnormally high Order amount or Orders placed in bad faith.
Upon delivery, InTeach will provide the Customer with the latest version of the Application, as sold on the order date, as well as access to the Application's back office.
The Application will be delivered electronically via the provision of a download link, allowing installation of the Application on Users' terminals, to the email address sent by the Customer to their Account.
The Customer can then install the Application, by his own means.
The Customer is responsible for ensuring that he will have the means to download the Application from this link (internet connection) as well as the material necessary for the proper functioning of the Application. The application prerequisites are available on the site www.InTeach.io.
Access to the download service is provided permanently by InTeach partners (Apple App Store, Android) subject to maintenance and servicing periods, server update operations and any exceptional interruptions. . In the event of difficulty in downloading, the Customer is invited to contact InTeach at the contact address appearing within the GTC, and InTeach will make its best efforts to offer a workaround.
After receipt of payment by InTeach, the Customer will immediately increase the user and content capacities in accordance with the subscription.
InTeach also provides the legal guarantee of conformity and against hidden defects. InTeach only undertakes to correct bugs in the Application. No maintenance other than corrective, in application of these legal guarantees, is subscribed under these GTC.
InTeach does not undertake in any way to maintain a level of service for the Application.
InTeach undertakes only, under an obligation of means, to the following elements:
- InTeach will make its best efforts to guarantee an availability of the Application of 99.5% per year.
- Each scheduled maintenance that results in a service interruption of more than fifteen (15) minutes will be communicated to the Customer by e-mail with the following indications at least forty-eight (48) hours before the scheduled maintenance:
- Time of interview,
- Expected duration of the interruption,
- Expected degree of severity of the interruption.
- As far as possible, each scheduled maintenance which results in an interruption of the service of more than five minutes is carried out between 19:30 and 7:00.
- The reported bugs will be corrected as soon as possible.
The Customer accepts that the installation, commissioning, maintenance services other than the aforementioned corrective, as well as training, technical support, technical interventions, including correction or modification of data, are not included in the Ordered.
If the Client wishes to benefit from these services, they must be specifically purchased from InTeach and will be invoiced in addition.
InTeach is free to modify the functions of the Application, including adding, modifying, improving or deleting functions without incurring its responsibility.
The Customer will be informed of any change in the functions of the Application, in the documentation of the Application.
In the event of termination of the contract, whatever the cause, the Customer may recover its content via a tool for this purpose within the Application, at the latest one (1) month from the end of the contract.
This content will be provided in a standard format, without the intervention of InTeach. Any InTeach intervention will be invoiced on a prior estimate accepted by the Customer.
7. Additional services
Any request for additional services must be sent by the Customer to InTeach and will be subject to an estimate and a specific contract.
8. Financial arrangements
The price of the licenses for the Application is indicated on the site www.InTeach.io, in prices excluding taxes, to which VAT and any other taxes that InTeach is required to collect on the invoice date should be added. .
The licenses of the Application are invoiced in periodic payment (monthly or annual), with a period to expire. Payment is made by direct debit from the bank card indicated by the Customer. The Customer undertakes to keep his payment data up to date to allow the withdrawal of the price of licenses at the start of the period.
All Orders are due in full for the Order. In the absence of full payment for the Order, the licenses of the Application will not be delivered.
Any period started is fully due.
Each commitment period will be tacitly renewed at the end of the period. The Customer can refuse the tacit renewal of the commitment at any time, on his Account. In this case, the licenses will be deactivated at the end of the commitment period and the Customer will no longer be able to use the Application.
Payment is made net and without discount.
InTeach provides a secure payment system, offered by a specialized service provider that complies with the laws and standards applicable to its activity.
This provider is: Stripe
By placing an Order, the Customer accepts the general conditions of this service provider.
In the event that it is impossible to debit the sums due in payment for the Order, for whatever reason, the Order will not be created and not transmitted.
InTeach does not have access to any data relating to the Customer's means of payment, with the exception of the last four digits of their bank card.
8.3. Late or no payment
All amounts unpaid on the due date of the invoice will bear interest at the rate of three times the legal interest rate in force on the due date, as well as a lump sum indemnity for recovery costs for unpaid receivables of forty (40) euros per invoice, from the day after the due date fixed on the invoice and until the effective payment. Interest will be payable upon receipt of the debit advice sent by InTeach.
The invoicing of late interest and administrative recovery costs does not prevent InTeach, at its discretion, from taking legal action to obtain additional damages.
In the event of late payment, InTeach may suspend all access by the Client and its Users to the Application, and / or terminate all contractual commitments between InTeach and the Client, without notice and without incurring its liability. Any amount due for an Ordered period will remain due.
InTeach will archive transactions and invoices on a reliable and durable medium constituting a true copy. The computerized registers will be considered by the Parties as proof of communications, payments and transactions between the Parties.
The Customer can contact InTeach at the following address: [email protected]
10. Customer Account
The Customer must have an Account to Order licenses of the Application, and administer it via his access to the back-office of the Application.
He can only create one Account.
The Customer Account is different from the User accounts. The Customer Account only allows the ordering of licenses on the www.InTeach.io site. Each User must create their own account, at the invitation of the Client, respecting the T & Cs.
The Customer can create, independently, administrator accounts which have back-office access, to allow them the creation and provision of content to the Customer's users.
10.2. Username and password
The Account will be created upon registration on the InTeach.io site.
The Customer will create a username and password.
The Customer must ensure that the password is sufficiently strong and secure.
InTeach will not be responsible in the event of access to the Account by a third party, by a brute force attack.
10.3. Use of Account
The Client is responsible for the security and use of the Account ID and password.
He must keep them confidential.
The Customer must ensure that these are used in accordance with these GTC.
InTeach will not be responsible for any unauthorized use of the Account by a third party, and will not be responsible for any damage caused by such use.
If the Customer realizes that his Account is compromised or used without authorization, in the event of loss, theft or accidental disclosure of the identifiers and password or any other security breach linked to the Account, the Customer must inform InTeach in as soon as possible to the following address: [email protected]
The procedure for creating a new password will then be implemented.
InTeach will not be responsible if it is impossible to access the Account.
InTeach may however, at any time, close the Account without having to notify the Customer, in the event of violation of the stipulations of these GTC, without any compensation being able to be requested by the Customer. InTeach cannot be held responsible for this.
10.4. Account data
The Customer undertakes to provide real and up-to-date information on the Account, this being used to process Orders.
11. Obligations of the Parties
11.1. InTeach's obligations
InTeach undertakes to deliver the licenses of the Application within the deadlines agreed to the GTC.
No other commitment is agreed hereunder.
11.2. Customer obligations
The Customer undertakes to pay all sums due under the Order.
The Customer undertakes to comply with these GTC.
InTeach's liability is strictly limited to the delivery of the licenses of the Application.
InTeach does not accept responsibility for the provision, availability, maintenance and use of the Application. No express or implicit guarantee is provided as regards the quality of the Application, the information which appears there, and their adequacy to the needs for the Customer. The Customer is responsible for ensuring that the Application corresponds to his needs.
InTeach provides an Application in accordance with its specifications as expressed on the site www.InTeach.io on the date of the Order. It is however understood that the Application is likely to evolve and therefore that variations at the margin may exist compared to the specifications presented on the site www.InTeach.io, which the Customer accepts.
InTeach does not provide any other service.
In all cases, only direct damage will be liable for the liability of InTeach. No indirect damage is likely to engage the responsibility of InTeach.
This limitation of liability concerns all types of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of clientele, expected loss of savings, damage to image and reputation, loss of opportunity.
InTeach's liability under an Order is in all cases strictly limited to the amount paid by the Customer under the Order.
13. General clauses
13.1. Compliance with legislation
InTeach markets the licenses of the Application in compliance with French regulations.
The Customer must be aware of local and national laws to ensure that he can Order and use the Application.
13.2. Entire agreement
These GTC prevail over any other stipulation potentially applicable to the relationship between InTeach and the Client. These GTCs cancel and replace any previous commitment of the Parties relating to the object and constitute the entire agreement between the
Parties having regard to the subject matter hereof.
No exclusivity is concluded between the Parties by the acceptance of these CGV. The Parties remain free to contract with third parties of their choice.
13.4. Survival of certain stipulations
The end of these GTC, for whatever reason, cannot be deemed to be a term for clauses whose nature or content requires their maintenance.
13.5. Partial invalidity
If one or more stipulations of these GTCS are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten on other stipulations will keep their full force and scope.
13.6. Non-waiver and tolerance
The fact that InTeach does not claim from the Customer a breach of any of the obligations referred to in these GTCs cannot be interpreted for the future as a waiver of the obligation in question and has not not to grant acquired rights to the Client.
A defect or delay in the exercise of a right by InTeach cannot be interpreted as a waiver of this right.
Neither Party can make a commitment in the name and / or on behalf of the other. In addition, each Party remains solely responsible for its actions, allegations, commitments, service, products and personnel.
The Parties accept that all electronic communications, in particular e-mail, will be evidence between them.
The Customer recognizes in particular the value of proof of the automatic recording systems of InTeach, and in particular of the Application, except for him to provide proof to the contrary, the Customer renounces to dispute them in the event of litigation.
13.9. Force majeure
In the context of the execution of these GTC, InTeach will not be held responsible if the service no longer works due to any event of force majeure.
For the purposes of these GTC, force majeure is understood to be any unforeseeable, irresistible event external to the Parties within the meaning of French law and jurisprudence.
In the event of force majeure, InTeach will make its best efforts to fulfill its obligations.
If force majeure remains, InTeach may terminate the GTC and cancel any Order, by written notification and without notice.
Any dispute relating to the execution or interpretation of these GTC, not resolved amicably between the Parties, will be submitted to the competent court of InTeach headquarters, including in summary proceedings, a call in warranty or a plurality of defendants, and regardless of the country of origin of the Client.