These terms of sale govern the sale of paid subscriptions to the Paramettrik software. The authoritative version is the French version; this English version is a courtesy translation. In case of conflict, the French version prevails (article 17).
1. Seller
1.1 These terms of sale (the "Terms") are offered by SynTrait - Ingénierie, a single-member limited liability company (EURL), registered with the trade and companies register under number RCS Meaux 993 686 328 (SIREN 993 686 328), whose registered office is at 37 Avenue de la Résistance, 77500 Chelles, France, identified for value-added tax under number FR94 993 686 328 (the "Seller", "we", "us").
1.2 The Seller may be contacted at support@paramettrik.com. Its website is available at https://paramettrik.com.
1.3 "Paramettrik" is the brand under which the Seller markets its software. These Terms govern the sale of that software by the Seller, who is the sole seller for the purposes of these Terms.
2. Definitions
- "Customer" — any natural or legal person who subscribes to a paid Subscription through the Site.
- "Consumer" — any Customer who is a natural person acting for purposes that fall outside their commercial, industrial, craft, professional, or agricultural activity.
- "Professional" — any Customer acting for purposes falling within their commercial, industrial, craft, professional, or agricultural activity, including where acting in the name of or on behalf of another professional.
- "Subscription" — a paid, recurring right to use one or more Modules, for a monthly or annual billing period, priced by the number of subscribed seats.
- "Module" — a paid product of the Paramettrik platform (for example Library), activated for an organisation and billed per seat, as described at https://paramettrik.com/pricing. The Free tier, free of charge, is described in the same place.
- "Organisation" — the entity for whose benefit a Subscription is taken out, whose administrator manages seats from the account. A Customer subscribing alone constitutes an organisation of one (1) person.
- "Seat" — the right, included in a Subscription, for one (1) named user of the Organisation to use the subscribed Module(s).
- "Software" — the Paramettrik software (Revit plug-ins and companion applications) made available under a Subscription.
- "Site" — the Seller's website, available at https://paramettrik.com.
- "EULA" — the end user license agreement that governs use of the Software, separate from these Terms.
3. Purpose and acceptance
3.1 The purpose of these Terms is to define the conditions under which the Seller sells paid Subscriptions to the Software through the Site. They apply to any order for a paid Subscription, to the exclusion of any other document.
3.2 Use of the Software is governed by the EULA, which is separate from these Terms. These Terms govern the sale of the Subscription; the EULA governs the rights and restrictions of use of the Software. In case of conflict, these Terms prevail as to the sale, and the EULA prevails as to use.
3.3 The Free tier is made available free of charge; it does not constitute a sale and falls outside the scope of these Terms, without prejudice to the application of the EULA.
3.4 The Terms applicable to an order are those in force on the day of that order. The Customer accepts them without reservation at the time of payment, by ticking the box provided for that purpose. Failing acceptance, the Customer cannot place an order.
4. Offers and prices
4.1 The Seller offers paid Modules, billed per Seat, each on a monthly or annual billing basis. The per-Seat price is degressive in graduated brackets, displayed at https://paramettrik.com/pricing: each Seat is billed at its bracket's rate, so an Organisation's bill never decreases as Seats are added.
4.2 Prices are stated in euros and displayed on the pricing page of the Site, https://paramettrik.com/pricing. The applicable prices are those in force on the day of the order. Applicable taxes, in particular value-added tax, are shown to the Customer at the time of payment.
4.3 The Seller may change its prices at any time for future billing periods. Any price change applicable to an ongoing Subscription is notified to the Customer at least thirty (30) days before it takes effect. A Customer who does not accept the new price may cancel their Subscription before that price takes effect, under the conditions of article 8; failing cancellation, the new price applies to the following billing period.
5. Order
5.1 Subscribing to a paid Subscription requires the prior creation of an account on the Site.
5.2 The order is placed online. The Customer selects the Module, the number of Seats, and the desired billing period, reviews the details of the order and its price, and then proceeds to payment.
5.3 Online payment is processed by Stripe, a payment service provider. Stripe acts as a payment processor and not as the seller: the Seller remains the sole seller of the Subscriptions. The Seller does not have knowledge of the Customer's full card details, which are transmitted directly to Stripe over a secure connection.
5.4 The sale is concluded upon validation of the payment. The Seller then sends the Customer an order confirmation by email, summarising the Subscription taken out.
6. Free trials
6.1 The Seller may offer a free trial before any paid subscription: twenty-one (21) days per Module, once per Module and per Organisation.
6.2 The free trial requires no payment card and results in no automatic conversion to a paid Subscription at its end. At the end of the trial, a Customer who wishes to continue using a paid Module must take out a Subscription under the conditions of article 5.
7. Payment and renewal
7.1 The Subscription is payable in advance, for each billing period, monthly or annual, according to the chosen periodicity.
7.2 The Subscription is entered into for the chosen period and renews by tacit renewal for successive periods of the same duration, at the price then in force (article 4), until it is cancelled under the conditions of article 8. The statutory provisions on tacit renewal are set out in article 8.
7.3 In the event of a payment failure on the due date, the Seller informs the Customer and makes further collection attempts over a short period. Failing regularisation, the paid features of the Software may be suspended after a grace period of approximately seven (7) days. Access is restored as soon as payment is regularised.
8. Term and cancellation
8.1 The Customer may cancel their Subscription at any time from their account. Cancellation takes effect at the end of the current billing period already paid for; the Subscription is then not renewed. No pro-rata refund of the current period is due, save for any mandatory legal right to the contrary, in particular the right of withdrawal under article 9 and article L215-1 of the French Consumer Code.
8.2 The Seller may cancel or suspend the Subscription in the event of a breach by the Customer of these Terms or of the EULA, non-payment, fraud, or where required by law.
8.3 Tacit renewal. In accordance with article L215-1 of the French Consumer Code, the Consumer is informed, in writing, at the earliest three months and at the latest one month before the end of the period allowing rejection of the renewal, of the option not to renew their Subscription. The Customer may, in any event, cancel at any time under the conditions of this article.
8.4 As a courtesy summary of the statutory provisions on tacit renewal reproduced in full in the French version of these Terms (which prevails):
- Article L215-1 requires the professional, for fixed-term service contracts with a tacit-renewal clause, to inform the consumer in writing, between three months and one month before the deadline for rejecting the renewal, of the option not to renew; where that information is not given, the consumer may end the contract free of charge at any time from the renewal date, and advances paid after the last renewal are refunded within thirty days, less amounts corresponding to performance of the contract up to that point.
- Article L215-2 provides that the chapter does not apply to operators of drinking-water and sanitation services.
- Article L215-3 extends the chapter to contracts concluded between professionals and non-professionals.
- Article L241-3 provides that, where the professional has not made the refund under the conditions of article L215-1, the sums due bear interest at the statutory rate.
For the authoritative wording, please refer to the French version of these Terms.
9. Right of withdrawal (Consumers)
9.1 The Consumer has a period of fourteen (14) days from the conclusion of the contract, that is, from taking out the Subscription, to exercise their right of withdrawal, without having to give reasons, in accordance with articles L221-18 et seq. of the French Consumer Code.
9.2 As the Subscription gives immediate access to digital content and to a service performed without waiting for the end of the withdrawal period, the Consumer expressly requests, at the time of the order, the immediate performance of the service, and acknowledges that:
(a) if the service is fully performed before the end of the withdrawal period, with their prior express consent and acknowledgement of the loss of their right, they lose their right of withdrawal pursuant to article L221-28 of the French Consumer Code;
(b) if they exercise their right of withdrawal while performance of the service has begun, at their express request, before the end of the period, they owe a proportionate amount for the service supplied up to the communication of their decision to withdraw, in accordance with article L221-25 of the French Consumer Code.
9.3 The express consent and acknowledgement referred to in article 9.2 are obtained at the time of the order, on the Site.
9.4 To exercise their right of withdrawal, the Consumer notifies the Seller, before the period expires, of their decision to withdraw by means of an unambiguous statement, sent to support@paramettrik.com. They may use the model withdrawal form appended to these Terms, although its use is not mandatory.
10. Refunds
10.1 Apart from the mandatory rights granted to the Consumer, in particular the right of withdrawal under article 9 and the legal guarantees under article 12, sums paid are not refundable. Cancellation ends future renewals without giving rise to a refund of the current billing period.
10.2 The free trials provided for in article 6 allow the Customer to evaluate the Software before any payment.
11. Access and delivery
11.1 Access to the Software is opened immediately after confirmation of payment (article 5.4).
11.2 Delivery is made electronically: the Software is made available for download and Seat management for the subscribed Module(s) is provided from the Customer's account. No license key is required: access follows the account of each user holding a Seat.
12. Legal guarantees (Consumers)
12.1 The Consumer benefits from the legal guarantee of conformity of digital content and services provided for in articles L224-25-12 et seq. of the French Consumer Code, as well as the legal guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code.
12.2 Under the legal guarantee of conformity, the Consumer may obtain the bringing into conformity of the digital content or service and, failing that, a price reduction or termination of the contract, under the conditions and according to the procedures laid down by the French Consumer Code. This guarantee applies independently of any commercial warranty.
12.3 To exercise these guarantees, the Consumer contacts the Seller at support@paramettrik.com.
13. Liability
13.1 Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the law, in particular in the event of fraud (dol), gross negligence (faute lourde), personal injury, or under the mandatory rights granted to Consumers.
13.2 Subject to article 13.1 and to the extent permitted by law, the Seller's total aggregate liability under these Terms, on whatever basis, shall not exceed the greater of the following two amounts: (i) the sums paid by the Customer for the relevant Software during the twelve (12) months preceding the event giving rise to liability, or (ii) fifty euros (€50). This cap is aligned with that of the EULA.
13.3 This limitation does not apply to the cases referred to in article 13.1.
13.4 Force majeure. The Seller is not liable for any delay or failure resulting from a force majeure event, within the meaning of article 1218 of the French Civil Code and French case law.
14. Personal data
The Seller's processing of the Customer's personal data is governed by the privacy policy available at https://paramettrik.com/privacy/policy, which describes the purposes, legal bases, and rights of the Customer in accordance with Regulation (EU) 2016/679 ("GDPR") and the French Data Protection Act.
15. Intellectual property
15.1 The sale of a Subscription entails no transfer of ownership of the Software or of the Seller's intellectual property rights, which remain the exclusive property of the Seller and its licensors.
15.2 The Customer is granted only a right to use the Software, under the conditions defined by the EULA.
16. Mediation and dispute resolution
16.1 In the event of a dispute, the Customer first sends a complaint to the Seller at support@paramettrik.com, in order to seek an amicable solution.
16.2 In accordance with articles L611-1 et seq. of the French Consumer Code, the Consumer may make free use of a consumer mediator with a view to the amicable resolution of the dispute with the Seller. The contact details of the mediator appointed by the Seller will be communicated to the Customer and published on the Site.
16.3 The European Commission provides an online dispute resolution platform, available at https://ec.europa.eu/consumers/odr.
17. Governing law, jurisdiction, and language
17.1 These Terms are governed by French law.
17.2 Consumers. The foregoing provisions apply without prejudice to the mandatory protective rules that the Consumer enjoys in their country of habitual residence, nor to the protective rules of jurisdiction that allow them to bring proceedings before the courts of their place of residence.
17.3 Professionals. Any dispute relating to the formation, performance, or interpretation of these Terms falls within the exclusive jurisdiction of the Commercial Court of Meaux (tribunal de commerce de Meaux), notwithstanding a plurality of defendants or third-party proceedings.
17.4 Language. These Terms are drafted in French and translated into English as a courtesy. In case of conflict between the two versions, the French version prevails, except where the mandatory law applicable to the Consumer requires the local-language version.
Annex — Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract. This form is optional. It is provided as a courtesy translation of the French model form, which prevails.)
To SynTrait - Ingénierie, 37 Avenue de la Résistance, 77500 Chelles, France, support@paramettrik.com:
I hereby give notice of my withdrawal from the contract for the supply of the service below:
- Subscription ordered on: ..............................
- Name of consumer(s): ..............................
- Address of consumer(s): ..............................
- Signature of consumer(s) (only if this form is notified on paper): ..............................
- Date: ..............................