Terms of Service

Article 1. Purpose

These Terms of Service (the « Terms ») set out the terms and conditions under which LE PETIT LUNETIER (the « Provider ») makes available to the Customer an online service (« SaaS ») for scheduling, time tracking and working time management, marketed under the name Squadra Planning (the « Service »).

They apply to the exclusion of any other document, in particular the Customer's own purchasing terms, and prevail over any conflicting provision.

Article 2. Definitions

• Customer: any natural person acting for professional purposes, or any legal entity, subscribing to the Service.
• User: any natural person holding credentials to access the Service, under the sole responsibility of the Customer (in particular the Customer's employees and managers).
• Account: the Customer's personal space giving access to the Service.
• Content: all data imported, entered, generated or stored by the Customer in the Service (schedules, clock-ins, photos, payroll data, and so on).
• Subscription period: the term for which the Customer subscribes to the Service (monthly or annual), tacitly renewed unless terminated.

Article 3. Acceptance and enforceability

Using the Service and subscribing to a plan constitute the Customer's full and unreserved acceptance of these Terms. The Customer acknowledges having read, understood and accepted them by ticking the corresponding box at sign-up or at payment.

Continuing to use the Service after notice of a change to the Terms constitutes acceptance of the amended version. The Customer undertakes to consult the current version, permanently available at squadraplanning.com/legal/cgv.

Article 4. Description of the Service

The Service allows, without limitation: creating and managing schedules, clocking hours through a kiosk, generating payroll reports, exporting to third-party payroll software (Payfit, Lucca, Factorial and others), managing absences, and electronically signing attendance sheets and monthly schedules.

The Service is provided « as is », as it exists on the date of use. The Provider reserves the right, at any time and without notice, to add, change, suspend or remove any feature, including one the Customer may have grown used to. No commitment is made as to the addition or continuation of any specific feature.

Article 5. Registration and Account management

Access to the Service requires an Account created by an authorised representative of the Customer. The Customer warrants the accuracy of the information provided and undertakes to keep it up to date.

The Customer is solely responsible for the confidentiality of its credentials and those of its Users. Any action carried out from an Account is presumed to have been carried out by its holder. The Provider cannot be held liable for fraudulent or unauthorised use resulting from the Customer's negligence in safeguarding its credentials.

The Customer is solely responsible for assigning roles and access rights within its organisation. The consequences of an inappropriate assignment of rights cannot engage the Provider's liability.

Article 6. Price and payment terms

Prices are those in force on the day of subscription, stated in euros excluding tax at squadraplanning.com/pricing. Applicable VAT is added to the price excluding tax.

Payment is made exclusively by automatic debit through the payment provider Stripe, on the anniversary date of the subscription. No refund is granted for termination during a period, unless expressly stated otherwise by the Provider.

The Provider may change its prices at any time. Any change is notified to the Customer by email at least 30 days before it takes effect. The Customer may terminate within that period; failing which, the new prices apply from the next renewal date.

In the event of non-payment, the Provider reserves the right to suspend access to the Service without notice or formality. Any amount unpaid when due automatically bears late payment penalties at three (3) times the statutory interest rate, together with a fixed recovery indemnity of 40 euros (article L441-10 of the French Commercial Code).

Article 7. Trial period

A free trial period may be offered at the Provider's discretion. At the end of that period, if the Customer has not taken out a paid subscription, access to the Service is automatically restricted or suspended, without further formality.

No commitment is made as to the continuation of the free plan over time. It may be removed, changed or restricted at any moment.

Article 8. Customer obligations

The Customer undertakes to use the Service in compliance with applicable laws and regulations, these Terms, and any documentation made available by the Provider.

The Customer undertakes in particular:

• not to use the Service for unlawful, fraudulent or improper purposes;
• not to attempt to access accounts, data or infrastructure other than its own;
• not to degrade, disrupt or compromise the security, stability or operation of the Service;
• to comply with the law applicable to the processing of its Users' and employees' personal data, in particular the GDPR and the French Data Protection Act;
• to obtain all consents, authorisations and rights necessary to import, process and store Content in the Service;
• to be solely responsible for meeting its own legal, regulatory and collectively agreed obligations in employment law (working time, breaks, overtime, public holidays, collective agreements, and so on); the Service is a management tool, not a legal compliance mechanism;
• to back up its Content regularly, which can be exported from the Service as CSV files.

Article 9. Provider obligations

The Provider is bound by an obligation of means, to the exclusion of any obligation of result. It endeavours to provide a Service matching its description, under reasonable conditions of performance and availability, according to the state of the art.

It implements the technical and organisational measures it deems appropriate to ensure continuity of the Service. It is not, however, liable for interruptions, malfunctions or data loss arising from causes beyond its control, in particular: network outages, failures of third-party infrastructure (hosting providers, cloud providers, payment providers, email services), cyberattacks, and force majeure.

Article 10. Intellectual property

All elements making up the Service (software, database, interface, brand, logo, editorial content, design, text, images) remain the exclusive property of the Provider or its rights holders. Any reproduction, representation, modification, publication, transmission or use, in whole or in part, not expressly authorised, is strictly prohibited and constitutes infringement punishable under articles L335-2 et seq. of the French Intellectual Property Code.

The Provider grants the Customer, for the duration of its subscription, a non-exclusive, non-transferable and non-assignable right to use the Service, limited to its internal business needs.

The Customer retains ownership of its Content. It grants the Provider a non-exclusive, royalty-free licence to host, reproduce, technically adapt and display that Content, solely for the purposes strictly necessary to perform the Service.

Article 11. Personal data and GDPR

In performing the Service, the Customer is the data controller within the meaning of the GDPR for all personal data of its Users and employees. The Provider acts as processor within the meaning of article 28 of the GDPR.

A Data Processing Agreement (DPA) is appended to these Terms and deemed accepted together with them. The provisions of the DPA prevail over any conflicting provision relating to the processing of personal data.

The Provider undertakes to process personal data only on the Customer's documented instructions and to implement appropriate security measures. It cannot be held liable for the Customer's failure to meet its own controller obligations (informing data subjects, obtaining consent, keeping a record of processing, and so on).

Article 12. Security and confidentiality

The Provider implements security measures in line with the state of the art: encryption of traffic over TLS, password hashing, multi-tenant data isolation, regular backups. These measures constitute an obligation of means, not of result.

The Customer acknowledges that no computer system can guarantee absolute security. The Provider cannot be held liable for a security incident arising from a vulnerability unknown on the day of the incident, a cyberattack, the failure of a technical subprocessor, or a malicious act by a third party.

Article 13. Availability of the Service

The Provider endeavours to keep the Service available 24 hours a day, 7 days a week. However, no service level (SLA) is guaranteed. The Customer acknowledges and accepts that the Service may be temporarily unavailable for reasons including technical issues, maintenance, updates, or causes beyond the Provider's control.

The Provider reserves the right to interrupt access to the Service for any maintenance operation, with or without notice. No compensation or price reduction may be claimed as a result of an interruption, whatever its duration.

Article 14. Limitation of liability

Essential clause.The Customer acknowledges having expressly negotiated and accepted this clause, which is a determining element of the Provider's consent.

To the extent permitted by law, the Provider's total liability towards the Customer, for all losses combined and on any ground whatsoever, is limited to the amount actually paid by the Customer over the three (3) months preceding the event giving rise to liability.

The Provider may under no circumstances be held liable for:

• indirect, consequential or intangible damage, in particular: loss of business, loss of customers, loss of revenue, loss of opportunity, damage to reputation, data loss beyond available backups, cost of obtaining a replacement service;
• damage resulting from use of the Service that does not comply with these Terms, or from negligence or fault of the Customer or its Users;
• damage resulting from the interruption, malfunction, unavailability or failure of third-party services, infrastructure or software (Supabase, Vercel, Stripe, Resend, Payfit, Lucca, and others);
• damage resulting from inaccurate or out-of-date data entered by the Customer;
• the consequences of an inspection by the authorities (URSSAF, labour inspectorate, and others) covering data managed through the Service, the Customer remaining solely responsible for the compliance of its personnel management practices;
• damage resulting from the loss, theft or compromise of the credentials of the Customer or its Users;
• acts or omissions of third parties, including unlawful intrusion into the Service.

The above limitations do not apply in the event of wilful misconduct or gross negligence by the Provider, or in any other case where the law prohibits such a limitation.

Article 15. Backups are the Customer's responsibility

The Customer is solely responsible for backing up its Content outside the Service. The Service provides export functions (CSV, PDF) which the Customer undertakes to use regularly in order to keep an independent copy of its data.

Monthly automatic backup (option included in the Pro and Enterprise plans).As an additional service, and at the express request of the Customer who enables it from the administration area, the Provider may send each month, by email to the address configured by the Customer, an Excel file containing the past month's data (employees, locations, schedules, clock-ins, leave). Enabling, disabling and choosing the recipient of this option are the Customer's sole responsibility.

This option is a convenienceand not a contractual obligation of result. The Provider does not guarantee that emails will be received, as this depends on third-party email providers, the Customer's anti-spam policies, the availability of the configured addresses and the stability of the delivery channels. The Customer undertakes to check periodically that backups are received and to report any anomaly within a reasonable time. Under no circumstances may the sending, non-sending, delay, loss or interception of a backup give rise to a liability claim against the Provider, nor relieve the Customer of keeping its own copies by other means.

In the event of total or partial data loss, whatever the cause, the Provider will use reasonable efforts to restore from its backups, without guarantee of result and without this giving rise to a liability claim against it.

Article 16. Subprocessors and third-party services

Performance of the Service relies on technical subprocessors, in particular for hosting, payment, email delivery and integrations with third-party software. The list of subprocessors is provided on request and may change at the Provider's sole discretion.

The Provider cannot be held liable for a breach, interruption or failure by a subprocessor. The Customer waives any direct action against the Provider's subprocessors.

Article 17. Force majeure

The Provider is not liable for any failure to perform its obligations resulting from force majeure. The following are considered force majeure, without this list being exhaustive: natural disaster, epidemic, pandemic, war, terrorist attack, riot, strike, blocking of transport or supply routes, power cut, cyberattack, major failure of a technical subprocessor, decision of a public authority, or legislative or regulatory change making continuation of the Service impossible or manifestly more onerous.

In the event of force majeure, the Provider's obligations are suspended without compensation until the event ends. If the situation persists beyond 60 days, either party may terminate the contract as of right, without indemnity.

Article 18. Suspension and termination by the Provider

The Provider may suspend or terminate access to the Service, as of right and without notice, in the following cases:

• failure to pay an instalment;
• breach by the Customer of any of its obligations under these Terms;
• fraudulent, malicious or unlawful use of the Service;
• established risk to the security or stability of the Service or of its other customers;
• an administrative or judicial decision requiring it.

No compensation or refund may be claimed in the event of suspension or termination under this article.

Article 19. Termination by the Customer

The Customer may terminate its subscription at any time from its billing area. Termination takes effect at the end of the current subscription period. No refund, even pro rata, is made for the unused period.

From the effective date of termination, access to the Service is discontinued and the Customer's Content may be deleted after a retention period of 90 days. It is for the Customer to export its data before that deadline.

Article 20. Discontinuation of the Service / cessation of business

Essential clause. The Customer acknowledges that the Service is provided with no guarantee of continuity.

The Provider reserves the right, at its sole discretion and without having to justify its decision, to permanently discontinue operation of the Service, in whole or in part, for any reason (in particular: cessation of business, strategic reorientation, lack of economic viability, technological change, regulatory change, acquisition, dissolution, liquidation).

If the Service is discontinued, the Provider will endeavour to inform the Customer by email at least 30 days before the effective date. That notice period allows the Customer to export its Content. After that deadline, data may be deleted without further formality.

Discontinuation of the Service may under no circumstances give rise to any indemnity for the Customer, whether a pro rata temporis refund, damages, or any other form of compensation. The Customer expressly waives any liability claim against the Provider on that ground.

If the business or the Service is transferred to a third party, these Terms continue with the transferee, to which the Customer gives its advance agreement, without this giving rise to any right of early termination or compensation.

Article 21. Changes to the Terms and to the Service

The Provider reserves the right to amend these Terms at any time. Substantial changes are notified to the Customer by email and/or by a banner on their next connection to the Service. The Customer then has 15 days to terminate the subscription if it refuses the changes; failing which, continued use of the Service constitutes acceptance.

Non-substantial changes (typographical corrections, clarifications, layout changes) take effect immediately without prior notice.

Article 22. Commercial references

Unless the Customer states otherwise in writing, the Provider is authorised to use the Customer's name, logo and brand as a commercial reference, on its website, in its communication materials and with prospective customers.

Article 23. Notices

Any notice between the parties is validly given by email to the address provided by each of them when the contract was concluded, or, for the Provider, to contact@squadraplanning.com. Notices are deemed received on the business day following dispatch.

Article 24. Miscellaneous

Severability. If any clause of these Terms is declared void or unenforceable, that invalidity does not affect the validity of the other clauses, which remain fully applicable.

No waiver. The fact that the Provider does not rely on a breach by the Customer of any of its obligations cannot be construed as a waiver of the right to rely on it later.

Entire agreement.These Terms, together with the DPA and the Privacy Policy, express the entirety of the parties' obligations and replace any prior agreement having the same purpose.

Assignment.The Customer may not assign these Terms, in any form, without the Provider's prior written consent. The Provider may freely assign them to any entity of its group or to a transferee as part of a restructuring.

Article 25. Governing law and jurisdiction

These Terms are governed by French law, without reference to its conflict of laws rules.

Any dispute relating to their interpretation, performance or termination which has not been resolved amicably within 30 days of the first written notice of a disagreement is subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, including where there are several defendants, third-party claims, or urgent proceedings.