Klepsi subscription terms

1. Purpose and scope

Klepsi is time tracking, order tracking and invoicing software, published and operated by ALEOP SAS and provided online by subscription. These terms govern the trial of and the subscription to Klepsi.

They complement Aleop's General Terms of Sale and Services (aleop.eu/cgv, in French), whose common provisions apply. In case of conflict, these terms prevail for Klepsi. For the Enterprise edition, the accepted quote prevails over these terms.

Klepsi is for businesses only. By signing up, the Customer states that it acts for the purposes of its professional activity.

2. Definitions

Instance: the installation of Klepsi dedicated to the Customer, with its own database and its own address. Active user or seat: a user account in the active state in the Instance; a deactivated account is not a seat. Edition: Standard or Enterprise, each opening a set of features. Customer Data: all information entered or imported into the Instance by the Customer and its users.

3. Sign-up and trial period

Sign-up is done on the Klepsi website (getklepsi.com). The Customer gives in particular its company, a contact person, a business email address and the requested subdomain. No Instance is created until the email address is confirmed.

The trial lasts thirty (30) days from the creation of the Instance. It is free, without payment method and without commitment. It opens the features of the chosen Edition. Aleop may refuse a sign-up or limit the number of trials, in particular for disposable addresses, repeated requests or abuse.

At the end of the trial, the Customer chooses an Edition and a payment method. Otherwise the Instance switches to read-only: data can still be viewed and exported, entry is closed. Without a subscription within the following sixty (60) days, the Instance and its data are deleted. Two email reminders are sent before deletion.

4. Formation of the contract

For the Standard edition, the contract is formed at the first online payment. For the Enterprise edition, it is formed when the quote is signed.

These terms are accepted by ticking the box in the sign-up form. Aleop keeps the date, time and IP address of the acceptance, together with the accepted version, as evidence.

5. Editions and changes to the service

The features of each Edition are those described on the Klepsi website (getklepsi.com) on the date of subscription.

The Customer may change Edition at any time. An upgrade to Enterprise takes effect immediately and is billed pro rata. A downgrade to Standard takes effect at the end of the current period. In both cases, data is kept.

Aleop develops Klepsi and its updates are included in the subscription. Aleop does not remove an essential feature of the subscribed Edition without announcing it at least three (3) months in advance. The Customer may then terminate at no cost before the removal date.

6. Prices

Prices are in euros excluding taxes, per active user and per month, according to the price list published on the date of subscription. A minimum is billed: three (3) seats in the Standard edition, ten (10) in the Enterprise edition. The setup of the Enterprise edition is billed according to the quote.

The number of seats is recorded every day by the Instance. The billed quantity follows this record, pro rata over the month. Adding a user is never blocked.

The yearly subscription comes with a discount on the monthly price. Seats are then paid in advance for the year. Seats added during the year are billed pro rata. A lower number of seats takes effect at renewal.

Aleop may change its prices. The change is announced by email at least sixty (60) days in advance and applies to the following period. A Customer who refuses it may terminate before it takes effect.

7. Invoicing and payment

Standard edition: payment in advance by card or SEPA direct debit, monthly or yearly, through a licensed payment provider. Aleop does not store any card data.

Enterprise edition: invoicing according to the quote, paid by SEPA direct debit or bank transfer, under the payment terms of Aleop's General Terms.

Invoices are issued electronically and sent to the billing address given by the Customer.

In case of a payment failure, Aleop sends a reminder. Fifteen (15) days after the first unanswered reminder, the Instance switches to read-only. After sixty (60) days, Aleop may terminate the subscription. The late payment penalties and the fixed recovery fee set out in the General Terms apply. Data is never deleted during these periods.

8. Term, renewal and termination

Standard edition, monthly plan: the subscription runs for periods of one month, renewed automatically. The Customer may terminate at any time; termination takes effect at the end of the current month.

Standard edition, yearly plan, and Enterprise edition: the subscription runs for twelve (12) months, renewed automatically. The Customer may terminate no later than one (1) month before the renewal date, in writing or from its customer area. The Customer is informed by email at least two (2) months before each renewal date.

The current period is not refunded, except for a termination following a breach by Aleop. Termination for breach follows Aleop's General Terms.

9. End of subscription and return of data

Customer Data belongs to the Customer. Throughout the subscription, the Customer can export all of it, in open formats, from the Instance.

At the end of the subscription, whatever the reason, the Instance switches to read-only for sixty (60) days. The Customer can view and export its data there. After this period, the Instance and its database are deleted. Backup copies disappear at the end of their rotation cycle, thirty-five (35) days at most. A deletion certificate is provided on request.

Help with a migration beyond the export provided by the Instance is a separate service, on quote.

10. Right of use

For the term of the subscription, Aleop grants the Customer a personal, non-exclusive and non-transferable right to use Klepsi, limited to its users and its own needs.

The Customer shall not resell Klepsi or make it available to third parties, copy or decompile its code except where the law allows it, bypass security or licence measures, or use it for unlawful purposes.

Aleop remains the owner of the software, its documentation and the Klepsi trademark. The Customer remains the owner of its data, logos and content. It authorises Aleop to host and process them only as far as needed to provide the service.

11. Hosting, security and backups

Each Instance is installed separately, with its own database. It is hosted in France by OVHcloud, in data centres located in the European Union. Traffic is encrypted.

Data is backed up every day and the copy is kept on another site. The Instance is monitored continuously.

The Customer manages its users and their rights, and keeps access credentials confidential. Sign-in is protected by a second factor or by the single sign-on of its identity provider.

12. Availability, maintenance and support

Aleop uses the means needed to keep the Instance available at all times, with a monthly availability target of 99.5% excluding planned maintenance for the Standard edition. For the Enterprise edition, service commitments and any penalties are those of the quote.

Planned maintenance is announced at least forty-eight (48) hours in advance and carried out outside business hours where possible. The read-only mode provided for in these terms is not unavailability.

Standard edition support: online help centre and requests by email, handled on business days. Enterprise edition support: support portal, response times set in the quote and a named contact. Training, advanced configuration and custom development are quoted separately.

13. Personal data

For personal data contained in the Instance, the Customer is the controller and Aleop acts as processor within the meaning of Article 28 GDPR. Aleop processes this data only on the Customer's instructions and to provide the service. Detailed commitments are set out in the data processing agreement (DPA) attached to these terms and published at aleop.eu/en/dpa.

The list of sub-processors is in Annex 3 of the DPA. Aleop informs the Customer at least thirty (30) days before any new sub-processor; the Customer may object by terminating.

Aleop notifies the Customer of any personal data breach affecting it within forty-eight (48) hours of becoming aware of it, and assists it in answering requests from data subjects.

The Customer's contact and billing data are processed by Aleop as controller, under its privacy policy.

14. Liability

Aleop's liability in respect of Klepsi is limited to the amount, excluding taxes, paid by the Customer for its subscription during the twelve (12) months before the event giving rise to the claim. Aleop is not liable for indirect damage, in particular loss of revenue, of customers, or of data the Customer did not keep an export of.

The Customer alone is responsible for the data it enters and the documents it issues with Klepsi, in particular for the accuracy and compliance of its invoices, activity reports and declarations.

15. Suspension

In case of unlawful use, a threat to the security of the service or a serious breach of these terms, Aleop may suspend access to the Instance immediately. Aleop informs the Customer and restores access as soon as the cause has gone. Data is not deleted because of a suspension.

16. Changes to these terms

Aleop may change these terms. Any change is notified to the Customer by email at least thirty (30) days before it takes effect and applies to the following period. A Customer who refuses it may terminate before that date. The applicable version is dated at the top of the document.

17. Governing law

These terms are governed by French law. Disputes fall under the court designated by Aleop's General Terms. The French version prevails.