General Terms and Conditions of Sale of The Training Platform

These general terms and conditions of sale govern all services performed by Appogée Sàrl in connection with the use and operation of The Training Platform, a training platform provided as SaaS software (Software as a Service). They apply in particular to services involving the development of new features, improvements to existing modules, modifications to the e-commerce system, integration of additional options or modules, as well as any technical evolution of the platform. Any offer or quotation accepted by the client implies full and unconditional acceptance of these terms.

  • Services and contractual scope

    • Purpose of the services
      Appogée Sàrl may provide services including in particular the development of new features, improvement of existing modules, modification of the e-commerce system, integration of additional tools, as well as any technical or functional adaptation necessary for the proper functioning or evolution of The Training Platform.

    • Scope of the services
      The services provided by Appogée Sàrl are strictly limited to those described in the offer or quotation accepted by the client. Any additional request, functional modification or extension of the initial scope may be subject to a supplementary offer or billed based on time spent.

    • Services outside the scope
      Any intervention not included in the initial offer will be billed at an hourly rate of CHF 160 excluding taxes, unless otherwise stated in the relevant offer.

    • Nature of the SaaS service
      The Training Platform is provided as a SaaS service hosted and maintained by Appogée Sàrl. Developments carried out constitute evolutions of the service and do not involve the transfer of source code, internal documentation or technical ownership.

    • Reuse of features
      Features developed as part of a specific offer may be integrated into the overall platform and made available to all users. The development of a feature for a specific client does not grant the client any exclusivity rights unless explicitly stated otherwise in the relevant offer.

    • Platform evolution
      Appogée Sàrl reserves the right to evolve the platform, its interface, its features or its technical architecture in order to improve the service, its security, its performance or its usability.

  • Delivery and warranty

    • Delivery of developments
      A feature or evolution is considered delivered once it has been deployed on the platform and complies with the specifications described in the validated offer.

    • Validation
      Development validation is deemed accepted if no blocking feedback is communicated by the client within 7 days following the availability of the feature.

    • Warranty
      Developments benefit from a 30-day warranty covering technical anomalies directly related to the work performed by Appogée Sàrl.

    • Implementation timeline
      The timeline for implementing developments or modifications is defined by mutual agreement between Appogée Sàrl and the client upon acceptance of the offer or during project planning. The timelines indicated are estimates unless an explicit commitment is stated otherwise. Appogée Sàrl cannot be held responsible for delays resulting in particular from missing required information, delayed validations by the client, modifications requested during development, dependencies on third-party services or unforeseen technical circumstances. Such delays shall not give rise to any penalties, compensation or cancellation of the service.

  • Access to the platform and operation of the service

    • SaaS license
      The platform is provided under a non-exclusive, non-transferable SaaS usage license limited to the client's professional use.

    • Usage restrictions
      The client agrees not to reproduce, distribute, modify, decompile, resell or attempt to access the platform’s source code or internal components.

    • Abusive use of the service
      The client undertakes to use the platform reasonably and in accordance with its intended purpose. Any attempt to abuse the service, including voluntary overload, mass data extraction, bypassing security mechanisms or unauthorized automated use, may result in immediate suspension of access to the service.

    • Hosting and availability
      The platform is hosted on infrastructure managed by Appogée Sàrl or by selected technical providers. Appogée Sàrl implements reasonable means to ensure service availability without guaranteeing permanent availability.

    • Maintenance
      Appogée Sàrl may perform maintenance operations, updates or technical improvements necessary for the operation of the service.

    • IT security
      Appogée Sàrl implements reasonable technical measures aimed at protecting the integrity and security of the platform. However, as no IT infrastructure can be considered completely invulnerable, Appogée Sàrl cannot be held responsible for the consequences of cyberattacks, malicious intrusions or security breaches beyond its reasonable control.

    • Third-party services
      The platform may integrate third-party services such as payment solutions, email services or hosting services. Appogée Sàrl cannot be held responsible for malfunctions originating from these services.

    • Dependence on cloud infrastructure
      The operation of the platform may depend on cloud infrastructure or external providers. Appogée Sàrl cannot be held responsible for service interruptions resulting from these services.

    • Service suspension
      Appogée Sàrl reserves the right to suspend access to the platform in the event of non-payment, abusive use of the service or risk to the security of the infrastructure.

  • Financial conditions

    • Billing
      Services may be billed at a fixed price or based on time spent according to the terms specified in the offer.

    • Payment terms
      Unless otherwise specified in the relevant offer, a deposit of 50% of the total amount of the service is required upon acceptance of the offer. This deposit is non-refundable and conditions the start of the work. The remaining 50% is invoiced upon production deployment or delivery of the feature. If the client withdraws after accepting the offer, the deposit remains due and cannot be refunded, as it covers planning, reservation of resources and development commitment.

    • Validity of offers
      Commercial offers remain valid for 30 days from their date of issuance.

  • Data and confidentiality

    • Data protection
      Appogée Sàrl processes data in accordance with the Swiss Federal Act on Data Protection (FADP) and the General Data Protection Regulation where applicable.

    • Use of anonymized data
      Aggregated and anonymized data resulting from the use of the platform may be used for statistical purposes, service improvement or commercial communication.

    • Client responsibility regarding data
      The client remains responsible for the legality of the data they collect or process via the platform and for compliance of their activity with applicable regulations.

    • Data export
      In case of termination of the service, the client may request the export of their data when technically feasible. This service may be billed.

    • Data backup
      Appogée Sàrl may implement backup mechanisms intended to secure platform data. However, the client remains responsible for preserving their content and data and is encouraged to keep their own copies where necessary.

  • Intellectual property

    • Software ownership
      The Training Platform is proprietary software developed by Appogée Sàrl. No transfer of intellectual property rights is granted to the client.

    • Reuse of developments
      Appogée Sàrl may reuse developments carried out in order to improve the platform or for other projects.

    • Client content
      The client remains the owner of the content they publish on the platform and guarantees that they hold the rights necessary for its distribution.

  • Responsibilities related to platform use

    • Content published by the client
      The client is solely responsible for the content, training materials, documents or media distributed through the platform.

    • Illegal content
      Appogée Sàrl reserves the right to remove or suspend any content that may violate the law or these terms.

    • Payments and refunds
      The client remains solely responsible for sales made through the platform, including payments, refunds, disputes or legal obligations towards their own customers.

    • Disputes with end users
      Appogée Sàrl cannot be held responsible for disputes between the client and their own users or participants.

  • Liability and limitations

    • Limitation of liability
      Appogée Sàrl’s liability is limited to the total amount invoiced for the relevant service.

    • Exclusion of indirect damages
      Appogée Sàrl shall not be held liable for indirect damages such as loss of business, financial losses or loss of data.

    • Force majeure
      Appogée Sàrl cannot be held responsible for any delay or failure in performance resulting from a force majeure event.

  • Final provisions

    • Evolution or termination of the service
      Appogée Sàrl reserves the right to evolve, modify or discontinue all or part of the platform for technical, economic or strategic reasons. Where possible, clients will be informed within a reasonable timeframe and may request export of their data where technically feasible.

    • Client reference
      Unless the client objects in writing, Appogée Sàrl reserves the right to mention the client as a commercial reference.

    • Amicable resolution
      The parties agree to seek an amicable resolution in the event of a dispute.

    • Applicable law
      These terms are governed by Swiss law. The legal venue is located in the canton of Vaud.

    • Contractual value
      Any accepted offer implies acceptance of these general terms and conditions.

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The Training Platform Terms & Conditions | Appogée