Terms and Conditions

Preamble

These general conditions of use and subscription (hereinafter the “T&Cs”) are applicable when you have access to and/or use the Wiveez application (hereinafter the “Application”).

The Application is published by the company Agile4Me, a simplified joint stock company with a single shareholder with capital of 1,000 euros, registered in the Nanterre trade and companies register under number 813 922 267, and whose head office is located at 21, rue des Vergers – 92320 Châtillon (hereinafter “Agile4Me”).

Please read these T&Cs carefully.

By accessing the Application and/or using the Application, you unreservedly accept these T&Cs which constitute a contract between you and Agile4Me.

Some of the stipulations provided herein apply only to the company which concludes the subscription contract. When this is the case, this is specified in the relevant clause.

As part of this contract, the company allows the people it designates to benefit from access to Wiveez, these people (the users) must also read and accept these T&Cs which form a contract with Agile4Me.

If you do not want these T&Cs to apply to you, please immediately cease your access or use of the Application.

1. Object

The purpose of these T&Cs is to determine the terms and conditions of subscription and use of the Application and constitute a contract between you and Agile4Me.

2. Wiveez description

Wiveez is an application, made available in SaaS mode or on customer site (i.e. installation on the customer’s computer servers without remote access), which is aimed exclusively at professionals.

Wiveez allows the production of performance monitoring and management indicators for teams and organizations, operating according to so-called “Agile” practices.

The production of indicators under Wiveez is carried out via connection to the client’s JIRA instance (JIRA is an Agile project management application). All data and projects remain accessible via JIRA, even if you stop using Wiveez.

3. Creation of the Wiveez customer account / Conclusion of the contract

This clause applies to the company party to the contract and to its representative for this purpose (hereinafter the “Super Administrator”).

In order to subscribe to Wiveez and benefit from its functionalities, the company party to the contract must designate a person who will be in charge of creating the Wiveez customer account. This person, who will hold the most extensive rights over the Application, will also be called “Super Administrator”.

In order to create the Wiveez customer account, the Super Administrator must follow the steps indicated during registration, recalled herein.

He will be able to register his business online at the following URL: https://app.wiveez.com or by contacting us at the following address: contact@wiveez.com. By registering his company, the Super Administrator acknowledges and agrees to enter into a contract with Agile4Me, formed by these T&Cs.

Following registration, the Super Administrator receives an email asking him to validate the email address provided.

If the Super Administrator does not validate his email address, the account opened on the Application remains accessible for one month. If the email address is not validated within this period, the account is suspended. One week before the end of the one-month period, a reminder email is sent to him so that he validates his email address.

Validation of the email address definitively forms the contract between the client company and Agile4Me and provides access to subscription management.

Different types of subscriptions to the Application are available, one free, others paid. When the account is created, the free subscription is assigned to the account by default. After validation of his email address, the Super Administrator can subscribe to a paid subscription. To read the details of the subscriptions, we invite you to refer to the Wiveez subscription presentation page at the following URL: https://wiveez.com/en/pricing/.

The Super Administrator and the company party to the contract constituted by these T&Cs are also reminded that each user benefiting from access to the Application due to the creation of the Wiveez customer account must read and accept these T&Cs by to which it will also be bound, except for clauses which relate solely to the company, such as for example clauses relating to payment terms and invoicing.

4. Registration / Creation of a user profile

The contract concluded by the company allows the people it wishes to designate as a user to benefit from user access to Wiveez.

Each user creates a profile on the Application. When creating the profile, you must enter your first and last name, email address, company name and create a password.

You remain free to modify the email address and associated password at any time.

When validating registration, you will be asked to read and accept the T&Cs, as well as the confidentiality policy accessible via the URL link indicated in the “Personal Data” article.

Subsequently, access to your profile can be done by entering your username and the associated password. You must ensure the confidentiality of your password.

5. The different types of users

User rights on the Application are determined by the nature of their profile. There are three types of profiles on the Application.

User role management only applies to the Wiveez Cloud and Wiveez Server versions. The Wiveez version of the Atlassian marketplace follows Jira rights management rules.

5.1 – Super Administrator

There is only one Super Administrator profile per customer account. This is assigned to the creator of the customer account.

The Super Administrator can:

• manage the account;
• modify the subscription plan;
• invite other users (who will be notified by email), modify, suspend or delete their access and modification rights;
• grant and withdraw access rights to a project from a user;
• add and remove projects;
• create and remove programs.

The Super Administrator profile cannot be deleted or suspended and its rights cannot be modified. The Super Administrator determines the number of users (Administrators and benefiting from a simple session).

5.2 – Administrators

There is no maximum number of Administrator profiles, except where applicable the limits of the subscription taken out as part of a formula per user. Administrators may:

• invite other users (who will be notified by email), modify, suspend or delete their access and modification rights;
• grant and withdraw access rights to a project from a user;
• add and remove projects;
• create and remove programs.

5.3 – Users

There is no maximum number of single users, except where applicable the limits of the subscription taken out as part of a per-user plan.

Users with a simple profile only have access to the projects to which they have been assigned. They only have the right to read without modification.

6. How Wiveez works

By connecting to the Application, the user opens the home page from which he can access the various functionalities of the Application.

6.1 – Add new project

From the home page, if they have the necessary rights, the user can add projects to which they have access. The user must click on the add function and enter their connection data to the project management tool used (user name and password) then select the project they wish to manage using the Application.

Only projects to which the user has access rights in JIRA are displayed in the list of projects that can be loaded.

The Application then accesses the following information:

• JIRA project name;
• the Release (title, start date and end date) of the JIRA project;
• the Sprints (title, start date and end date) of the JIRA project;
• identifier of Issues present in the JIRA project;
• title of Issues present in the JIRA project;
• dates of passage of Issues in the different stages of the JIRA project workflow;
• JIRA project workflow;
• indication of a blocked Issue with the reason for the blocking;

When adding a project, the Application does not collect any personal or confidential data stored in the JIRA project.

The Application notifies the user of the import of data from the selected project.

6.2 – Manage projects added to the Application

The home page lists the projects in which the user is part and summarizes the indicators.

When opening a project, the user accesses the project “Dashboard” where they can view the main performance monitoring indicators.

From the “Dashboard”, the user can access graphs and tables for monitoring project activity. The data displayed in the graphs and tables can be configured using the filters offered (indicator, item, period, workflow steps, etc.) and the magnifying glass function.

From the “Dashboard” menu, the user, depending on their rights, can configure the workflow of the loaded project, in order to refine the measurement of indicators on the desired stages.

From the “Dashboard” menu, the user, depending on their rights, can identify the types of Issues used on the loaded project and define which ones will be used in the calculation of the indicators. This action is mandatory upon first access to the project “Dashboard”.

6.3 – Manage user profile

From all pages of the Application, the user can access the “Account Administration” page (or “manage my account”) through which, and depending on their rights, they can invite collaborators and manage access to the Application and projects.

From all pages of the Application, the user can access their user profile and enter their position, first and last name, or change their password.

From all pages of the Application, the user can log out.

7. Price and payment terms

This article is applicable to the company party to the contract and to the Super Administrator who represents it.

7.1 – Prices

The prices excluding applicable taxes are those which appear on the Wiveez subscription presentation page at the following URL: https://wiveez.com/en/pricing/. Prices vary depending on the extent of rights desired, depending on the offer chosen:

• offer by projects: the maximum number of projects is determined upon subscription, the number of users is unlimited;
• offer per user: the maximum number of users is determined upon subscription, the number of projects is unlimited.

7.2 – Payment

Payment for a paid subscription is made annually or monthly as desired.

Payment can be made online, directly on the website www.wiveez.com by credit card using the transaction module of our service provider Stripe or by direct debit.

Payment by credit card is perfectly secure by Stripe. Agile4Me invites its customers to refer to the security rules established by Stripe and to never communicate their banking information to a third party.

If you wish to pay by direct debit, we invite you to contact us at the following address: contact@wiveez.com.

Concerning subscriptions, via the issuance of an invoice, the payment deadline is set at 45 days end of month, date of issue of the invoice.

7.3 – Billing

An invoice will be issued by Agile4Me according to the frequency of the chosen subscription (monthly or annual).

For the purposes hereof, the client company is informed and accepts that invoices will be sent electronically according to the information communicated by the Super Administrator at the time of registration for the Application.

The annual subscription runs from January to December and is renewed by tacit agreement. Any year started is due.

The monthly subscription is renewed every month, until canceled by the customer. Any month started is due.

7.4 – Failure to pay

Any payment deadline cannot be postponed, even in the event of a dispute.

Any unpaid amount will be applied, automatically and without prior notification, late payment penalties corresponding to three (3) times the legal interest rate. Despite the application of these penalties, the principal amounts due remain due.

Any late payment will result in the application of a fixed recovery fee of forty (40) euros, the principal sums due remaining due as well as the possibility for Agile4Me to unilaterally terminate the subscription taken out.

In order to access the Application, users must have access to the Internet network as well as an Internet browser.

The Application is accessible in SaaS mode via the site www.wiveez.com or via URL www.app.wiveez.com.

It will also be accessible on customer site (i.e. by installation on the customer’s servers, without remote access).

The Application is responsive and can also be accessed via tablet or smartphone browsers.

The Application may be modified in order to be updated, to add new features or to improve the user experience.

9. Availability, security and maintenance

The Application is in principle accessible 24 hours a day, 7 days a week, except for interruptions, scheduled or not, for maintenance purposes or in the event of force majeure.

Agile4Me cannot be held responsible for any damage, whatever its nature, resulting from unavailability.

The protection of your privacy and the security of your data is an important issue for Agile4Me. In this regard, we have implemented technical and organizational measures to avoid any incident likely to result in loss, use, alteration or making available to the public of your data without your prior authorization.

When you are registered on the Application, we implement the following security measures:

• your data is protected in an “end-to-end” mode using SSL encryption;
• passwords are encrypted and we do not have access to them;
• we only store the data strictly necessary for the operation of the Application.

We also implement organizational security measures internally in order to strictly limit the number of people having access to the data we process with regard to the sole purposes pursued.

We undertake not to disclose your data and that it is only used for the proper functioning of the Application.

Finally, users of the Application in SaaS mode are informed of the fact that due to the characteristics intrinsically linked to the Internet, there remain risks of data breaches despite all the measures implemented and regularly updated. Agile4Me thus reminds the client company and each user that it is strongly recommended to take all appropriate measures to protect your computer and/or your data, including by implementing appropriate technical tools, such as such as for example, antivirus, firewall, automatic cleaning tool etc.

10. Licence

Agile4Me grants its users, subject to compliance with these T&Cs and the conditions of the subscription purchased, a non-exclusive and non-transferable license, for the entire world, to access and use the Application.

This license is limited to the conditions agreed upon upon conclusion of the contract, either based on a limited number of users or based on a limited number of projects.

Any attempt to circumvent the rules of the license or circumvention of the license (exceeding its scope in terms of number of projects, users, etc.) will constitute a violation hereof and, where applicable, an infringement.

The granted license excludes:

• any transfer of ownership of the Application;
• any sublicense of the Application;
• any reproduction with a view to marketing, putting into circulation, rebroadcasting, distribution or publication of the Application;
• any representation, even partial, of the Application, in particular by means of communications to the public online or public screenings;
• any translation, adaptation, arrangement or modification of the Application, as well as any export or merger of the latter with other computer applications;
• any decompilation with a view to correcting errors affecting the Application, unless said errors have not been corrected by Agile4Me within a reasonable time following their reporting by email;
• any decompilation which is not essential to obtain the information necessary for the interoperability of the Application under the conditions of article L122-6-1 IV of the intellectual property code.

The user license is valid for the duration of the contract and any use of Wiveez must cease at the end of the contract, for whatever reason.

11. Intellectual property

All editorial elements (texts, images, logos, brands, domain names, databases, etc.) present on the Application are protected by intellectual property law and cannot be reproduced or used without prior consent. from Agile4Me.

No one is authorized to exploit, distribute or use intellectual property rights including, without limitation, the rights held on the name Wiveez, without the prior written consent of Agile4Me.

The brands and logos belonging to Agile4Me are registered trademarks. Any reproduction without the authorization of Agile4Me therefore constitutes an infringement.

12. Responsability

The Application offers users the possibility of facilitating project management. It cannot offer any guarantee as to the results of its use, such a result being largely linked to the relevance of the use made of it by the users, their knowledge of the agile management mode, and also to other external factors independent of the Application.

Agile4Me cannot be held responsible for the consequences resulting from the modification, discontinuity or deletion of the Application or any functionality offered on the Application, for any reason whatsoever and in particular due to technical constraints.

Agile4Me cannot under any circumstances be held responsible for any damage you may suffer while using the Application and in particular, any virus or malicious software transmitted to you.

In addition, any event that can be qualified as an act of force majeure (hereinafter “Force Majeure”) may lead to the suspension or interruption of the Application and Agile4Me cannot be held liable during a Force Majeure event.

Force Majeure includes any act or omission due to irresistible, unforeseeable circumstances beyond the control of Agile4Me, including, among other cases of Force Majeure, actions of civil or military authorities, fires, bad weather such as frost, storms, floods, natural disasters, or general power grid outage, road access cutoff or traffic ban.

13. Personal datas

As part of the operation of the Application, Agile4Me collects and processes the personal data of its users.

These data are processed in particular in order to carry out operations relating to customer relationship management and the provision of services, to improve the services offered and for statistical purposes.

Users have a right of access to their personal data, but also of rectification, erasure, limitation of processing, portability and opposition.

For complete information, particularly regarding the data collected, the purpose of the processing and their legal bases, the conditions of sharing and storage of data as well as the exercise of your rights, we invite you to refer to the established Confidentiality Policy by Agile4Me available at the following URL: https://wiveez.com/en/privacy-policy/

14. Cookies

Use of the Application may result in a cookie being placed on your equipment.

A cookie is a file composed mainly of letters and numbers, of limited size and stored on your equipment.

This cookie is used to facilitate your user experience through a faster connection to your private space. The data collected using this cookie is kept for a period of thirteen (13) months from its deposit on your equipment.

You can refuse the placement of these cookies at any time by configuring your equipment for this purpose.

15. Modification of the T&Cs

Agile4Me may occasionally modify these T&Cs, in particular in order to reflect possible regulatory and legislative developments, changes in market conditions, changes in navigation parameters, as well as for any other reason that Agile4Me deems useful, at its discretion.

Any person accessing the Application will be bound by the T&Cs in force at the time of consulting the Application.

Any substantial modification of the T&Cs will be specifically mentioned in the Application. When modifications are brought to your attention, by continuing to use the Application, you signify your acceptance of the modifications to the T&Cs. If you do not accept the modifications to the T&Cs, we kindly ask you to no longer use the Application.

You cannot modify or revise the T&Cs and any modification to the T&Cs that you attempt to make is not binding on Agile4Me.

16. Applicable law and dispute resolution

These T&Cs and any dispute arising from the use of the Application are governed by French law.

Any dispute arising in relation to the application of these T&Cs or the use of the Application must be the subject of an attempt at amicable settlement.

The existence of a dispute must be notified by email or LRAR. This notification must set out the reasons for the dispute as well as the solutions envisaged. The content of this notification as well as the resulting exchanges are confidential and may not be disclosed under any circumstances.

If within one month of notification, no amicable solution has been found, the dispute will be brought before the Nanterre Commercial Court.