These terms of service (the "Terms") govern the use of InfoIQ (the "Software"), a Salesforce application published by Amara ABDELKADER EI, trading as Jalon Works ("Jalon Works", "we", "us"). They form a contract between us and the business that installs or subscribes to the Software ("Customer", "you"). By installing the Software, starting a trial or subscribing to a plan, you accept these Terms on behalf of that business and confirm that you are authorised to do so.
The Software is offered to businesses only, for professional use. It is not offered to consumers. Where you have signed a separate written agreement with us, that agreement prevails over these Terms to the extent of any conflict.
1. Definitions
"Org" means the Salesforce organisation in which you install the Software. "Active Users" means the active users of that Org, as counted by Salesforce. "Plan" means the subscription plan you select, as published on our AppExchange listing. "Documentation" means the user and installation guides we publish for the Software. "Customer Data" means all data created, stored or processed through the Software in your Org.
2. Licence
Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right, for the duration of your trial or subscription, to install the Software in one Org and to let all users of that Org use it for your internal business purposes.
You may not: (a) resell, rent, lend or sublicense the Software, or make it available to third parties as a service; (b) copy, modify or create derivative works of it, other than the configuration the Documentation describes; (c) decompile, disassemble or reverse engineer it, except to the extent applicable law expressly permits it despite this restriction; (d) remove any proprietary notice; or (e) use it to build a competing product.
The Software is licensed, not sold. We and our licensors retain all rights, title and intellectual property in the Software, the Documentation and any updates. Any feedback you give us may be used freely to improve our products.
3. Free trial
We may offer a free trial of 30 days from installation. The trial gives access to all features, free of charge and without payment details. At the end of the trial, the Software stops delivering announcements in your Org unless you subscribe to a Plan. Content you created during the trial stays in your Org. The trial is provided "as is", without the warranty in section 8, and we may end or extend it at our discretion.
4. Plans, fees and payment
Each Plan covers your whole Org, without per-user assignment, and corresponds to a range of Active Users. You must select the Plan that matches the number of Active Users in your Org. If that number grows beyond the range of your Plan, you must move to the corresponding Plan from your next billing period. We may ask you for the number of Active Users and adjust your Plan accordingly.
Fees are those published for your Plan on our AppExchange listing at the time you subscribe, or stated in a separate written order. Subscriptions are billed in advance for each billing period and renew automatically for successive periods of the same length until cancelled. Payment through the AppExchange checkout is processed by Salesforce and its payment provider, Stripe; their terms govern the payment itself, and these Terms govern the Software.
Fees are stated exclusive of taxes. VAT not applicable, article 293 B of the French General Tax Code (CGI); where a tax applies to your purchase, including by reverse charge, you are responsible for it. Fees paid are non-refundable, except as expressly stated in section 8 or required by law.
If a payment fails or an invoice remains unpaid more than 15 days after its due date, we may, after notifying you, suspend the Software until payment is made. Late payments by a business customer bear the late-payment interest and the fixed recovery indemnity of 40 euros provided for by article L. 441-10 of the French Commercial Code.
We may change the price of a Plan by giving you at least 30 days' notice before the start of the billing period to which the new price applies. A period already paid for is never repriced. If you do not accept the new price, you may cancel before it applies.
5. Cancellation
You may cancel your subscription at any time from your AppExchange account or by writing to us. Cancellation takes effect at the end of the current billing period, and no further fees are charged after it. You keep access to the Software until then.
6. Your data and your responsibilities
The Software runs entirely inside your Org. Customer Data is stored in your Org, remains yours, and is not transmitted to us or to any third party by the Software. We have no access to it, and we claim no right in it.
You are responsible for the content of the announcements you publish, for the configuration and permissions you assign in your Org, and for using the Software lawfully. In particular, the Software lets you see which of your users received, read and confirmed an announcement. Where this amounts to monitoring of employees, you are responsible for having a lawful basis for it, for informing the people concerned and, where required, for consulting employee representatives.
Where you connect the Software's actions to an Agentforce agent or any other automation of your own, you are responsible for that agent's configuration and for what it does with the results the actions return.
7. Support and updates
We provide support by email as described on the support page, which forms part of these Terms. Response times are targets, not guarantees.
We may release new versions of the Software to fix defects, improve security or add features, and we may change or remove features, provided we do not materially reduce the core functionality of your Plan during a period you have already paid for.
8. Warranty
We warrant that, during a paid subscription, the Software will perform materially as described in the Documentation. If it does not, notify us with enough detail to reproduce the problem. We will correct it within a reasonable time or, if we cannot, either party may terminate the affected subscription and we will refund the fees paid for the period not yet used. This is your sole remedy for a failure of the Software to conform to the Documentation.
To the extent permitted by law, we give no other warranty, express or implied, including any warranty of fitness for a particular purpose. We do not warrant that the Software will be uninterrupted or error-free.
The Software runs on the Salesforce Platform, which we do not operate. Its availability depends on the availability of your Org, governed by your own agreement with Salesforce. Salesforce is not a party to these Terms and is not responsible for the Software.
9. Liability
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or gross negligence, or for any liability that cannot be limited by law.
Subject to that, neither party is liable for indirect or consequential loss, or for any loss of profit, revenue, business, goodwill or data, however caused. Each party's total liability arising out of or in connection with these Terms is limited to the fees you paid for the Software in the twelve months preceding the event giving rise to the claim.
10. Confidentiality
Each party will keep confidential the non-public information it receives from the other, use it only for the purpose of these Terms, and protect it with at least reasonable care. This does not apply to information that is or becomes public without fault of the receiving party, that it already knew, that it developed independently, or that it must disclose by law.
11. Data protection
Our handling of personal data is described in our privacy policy. Where we process personal data on your behalf, for example when you share data with us to resolve a support request, our data processing agreement applies and forms part of these Terms.
12. Termination
Either party may terminate a subscription if the other materially breaches these Terms and does not remedy the breach within 30 days of written notice. We may also terminate immediately if you use the Software in breach of section 2.
When your trial or subscription ends, the Software stops delivering announcements and you must stop using it. Customer Data remains in your Org. Uninstalling a managed package may delete the objects it created, so export anything you wish to keep before uninstalling. We retain account and billing records as described in our privacy policy, and delete support correspondence 30 days after termination unless the law requires otherwise. Sections 2 (restrictions and ownership), 4 (fees due), 9, 10 and 14 survive termination.
13. Publicity
We will not name you as a customer or use your logo without your prior written consent.
14. General
These Terms are governed by French law. Any dispute that the parties cannot settle amicably falls under the exclusive jurisdiction of the courts of Paris, France. These Terms are written in English; any translation is for convenience only.
Neither party may assign these Terms without the other's consent, except to a successor of substantially all of its business. Neither party is liable for a delay or failure caused by an event beyond its reasonable control. If a provision is held invalid, the rest remains in force. A failure to enforce a right is not a waiver of it. These Terms, with the documents they refer to, are the entire agreement between the parties about the Software.
We may update these Terms. We will notify you of a material change at least 30 days before it applies to you, and it will apply from your next billing period. If you do not accept it, you may cancel before it applies.
Contact
Amara ABDELKADER EI (Jalon Works), Entrepreneur individuel (micro-entreprise), SIREN 850 805 904, 47 Rue Vivienne, 75002 Paris, France. Questions about these Terms: support@jalonworks.com.