Terms of sale

This English version is a translation provided for convenience. In case of discrepancy, the French version prevails.

1. Purpose and scope

These terms of sale (the “Terms of Sale”) govern the subscription to, and paid use of, SuperMDT (the “Service”), an online intranet and mobile data terminal (MDT) software for the fictional public services (police, medical, justice…) of roleplay game servers, in particular on GTA V / FiveM.

The Service is provided by [TO COMPLETE: company name and legal form], [TO COMPLETE: registered office address], registered under no. [TO COMPLETE: SIREN / RCS or RNE] (the “Publisher”), reachable at [TO COMPLETE: contact email address].

The Terms of Sale apply to every customer, whether acting for professional purposes (a “Business Customer”) or as a consumer within the meaning of the French Consumer Code (a “Consumer Customer”). Clauses specific to one or the other say so expressly. Any conflicting terms of the Customer are not binding on the Publisher unless agreed in writing.

Use of the Service by each signed-in person is also governed by the terms of use (the “Terms of Use”). The processing of personal data the Customer entrusts to the Service is governed by the data processing agreement (the “DPA”), which is annexed to and forms an integral part of the Terms of Sale.

2. Definitions

• Organization: the space in the Service belonging to one game server, with its configuration, services, members and data. Each subscription covers one Organization.
• Customer: the natural or legal person who subscribes for an Organization. They are its Owner in the Service.
• Member: any person invited by the Customer to join the Organization.
• Plan: the selected offer (Essential, Standard, Server or Custom), which sets the price and limits (number of services and members).
• Bridge: the resource installed on the Customer’s game server, which connects the game to the Service using a key specific to the Organization.
• Customer Data: all content and data entered or imported into the Organization by the Customer, the Members or the Bridge.

3. Capacity

The Customer declares having legal capacity to enter into contracts. A Consumer Customer must be of age; a minor may only subscribe with the permission of their legal guardian, who is then bound by the contract. A Business Customer declares being duly authorized to bind the entity on whose behalf they subscribe.

4. The Service and the plans

4.1. Description. The Service is described on the website home page and in its documentation. All features are included in every Plan; Plans only differ in their limits and price. The Service is accessed online, with a recent browser and an Internet connection, both at the Customer’s expense; sign-in uses a Discord account.

4.2. Plans. The current Plans, limits and prices are shown on the Pricing section and are restated before any subscription. As of the date hereof: Essential (3 services, 80 members), Standard (6 services, 250 members), Server (unlimited services, 800 members), and a Custom plan, on quotation, beyond that. A feature announced as “coming soon” (for example a custom domain) is not owed until it is available.

4.3. Limits. If the Organization reaches a limit of its Plan, adding new services or members is blocked until the Customer moves to a higher Plan or removes items; existing data is neither deleted nor modified.

4.4. Changes. The Publisher improves the Service over time (improvements, fixes, security). It may modify or remove a secondary feature provided the subscribed Service is not substantially degraded. For Consumer Customers, changes comply with article L. 224-25-25 of the French Consumer Code: they are free of charge, justified by a legitimate reason, and if they have a significant negative impact, the Customer is informed in advance and may terminate free of charge.

4.5. Nature of the Service. The Service is designed for fictional roleplay activities. It is not intended to process information about real people or real events, nor to be used as a tool by a real public service.

5. Free trial

5.1. Every new Organization gets a 14-day free trial, with no payment method required and no commitment. The trial gives access to all features, within the limits of the Plan being tried. One trial is granted per game server and per person; the Publisher may refuse a new trial in case of obvious abuse.

5.2. At the end of the trial, if no subscription has been taken out, the Organization follows the process in section 12 (suspension, read-only, archiving). No payment is ever charged without an express subscription.

6. Subscription and conclusion of the contract

6.1. The Owner subscribes from the Organization’s settings: they choose the Plan and billing period (monthly or yearly), check the summary (Plan, price including VAT, period, first due date, renewal), accept the Terms of Sale, the DPA and the Terms of Use, then confirm payment on the payment provider’s secure page. The confirmation button clearly states the obligation to pay.

6.2. The contract is concluded when payment is confirmed. The Publisher sends the Customer, on a durable medium (email to the billing address provided), confirmation of the subscription and these Terms of Sale (or a link to their archived version). [TO COMPLETE: specify how the confirmation and invoice are actually sent, for example Stripe email]

6.3. The Terms of Sale accepted at subscription are archived and remain available to the Customer, who may request a copy at any time.

7. Prices, VAT and invoicing

7.1. Prices are shown in euros, including VAT, at the current French rate. Yearly payment costs the price of ten months, i.e. two months free compared with monthly payment.

7.2. Where the law requires another VAT to apply (for example the VAT of a consumer’s country in another EU Member State) or provides for a reverse charge (VAT-registered Business Customer established in another Member State with a valid VAT number), the amount actually due is shown before the order is confirmed and on the invoice. [TO COMPLETE: VAT policy outside France: same VAT-inclusive price everywhere, or recomputed net price; VAT exemption scheme if applicable]

7.3. An invoice is issued for each payment and made available in the Customer’s billing area. [TO COMPLETE: invoice details, numbering, mandatory B2B e-invoicing according to the legal timetable]

7.4. The Publisher may change its prices. Any change is notified to the Customer at least 30 days before it applies and only affects periods starting after that notice. A Customer who refuses the new price may terminate before it takes effect, free of charge. The price of a period already paid never changes.

8. Payment

8.1. Payment is made by bank card or any other method offered, through the payment provider Stripe. The Publisher never has access to full payment card numbers.

8.2. The subscription is payable in advance, at the start of each period. The Customer authorizes automatic collection of each instalment from the stored payment method, which can be changed at any time from the billing area.

8.3. If a payment fails, the Customer is informed and may settle at any time. The Organization then follows the process in section 12. For Business Customers, any amount unpaid when due automatically bears late interest at the rate set by article L. 441-10 of the French Commercial Code and a fixed €40 recovery fee.

9. Term, renewal and plan changes

9.1. The subscription is taken out for one month or one year from the subscription date. It renews automatically for a period of the same length unless terminated as provided in section 10.

9.2. For a yearly subscription taken out by a Consumer Customer, the Publisher informs them in writing (email or notification in the Service), no earlier than three months and no later than one month before the end of the current period, of the option not to renew, in accordance with article L. 215-1 of the French Consumer Code. Failing that, the Consumer Customer may end the contract free of charge at any time after renewal; amounts paid for the period after termination are then refunded.

9.3. Moving to a higher Plan takes effect immediately; the price difference is prorated over the time remaining in the current period. Moving to a lower Plan, or from yearly to monthly billing, takes effect at the next renewal and requires the Organization to be within the new Plan’s limits.

10. Termination

10.1. By the Customer. The Customer may terminate at any time, without giving reasons, in a few clicks from the Organization’s settings (online cancellation feature, in accordance with article L. 215-1-1 of the French Consumer Code), or by email to [TO COMPLETE: email address]. Termination takes effect at the end of the current, already paid period: the Service remains fully usable until then, after which the Organization follows the process in section 12. Confirmation of the termination and its effective date is sent to the Customer.

10.2. By the Publisher for breach. In the event of a serious breach of the Terms of Sale or Terms of Use by the Customer (in particular unlawful use of the Service, attacks on its security or persistent non-payment), the Publisher may terminate the contract fifteen (15) days after a formal notice sent by email has remained unanswered. In urgent cases or particularly serious breaches (manifestly illegal content, attacks on the Service), the Publisher may suspend access immediately, informing the Customer of its decision and the reasons for it.

10.3. Discontinuation of the Service. If the Publisher stops providing the Service, it informs the Customer at least 90 days in advance, allows them to export their data during that time and refunds the share of amounts paid for the unperformed period.

11. Refunds

Except for the exercise of the right of withdrawal (section 13) and the cases in sections 9.2 and 10.3, any period started is due and is not refunded, including in case of termination during a period or non-use of the Service. Refunds due are paid back to the payment method used, within fourteen (14) days.

12. End of trial, non-payment, termination: suspension, read-only and archiving

At the end of a trial without subscription, in case of an unresolved payment failure, or on the effective date of a termination, the Organization goes through the following steps. The Customer is informed in the Service and, where possible, by message.

1. Bridge suspension. The Bridge key is suspended: the game server can no longer exchange data with the Service.
2. Read-only (14-day grace period). For fourteen (14) days, Members can sign in and view data, but cannot modify it. The Owner may subscribe or settle at any time: everything is then restored immediately, without data loss.
3. Archiving (90 days). After the grace period, the Organization is archived: Members can no longer access it, but the data is kept for ninety (90) days. Subscribing during that period restores the Organization as it was.
4. Deletion. At the end of archiving, Customer Data is permanently deleted, with backup copies erased as they rotate, within a maximum of [TO COMPLETE: backup rotation period, for example 30 days]. Data the Publisher must keep by law (in particular invoices) is kept for the required period.

The Owner may request early deletion of Customer Data in writing; such deletion is irreversible.

13. Right of withdrawal (Consumer Customers)

13.1. Period. In accordance with articles L. 221-18 et seq. of the French Consumer Code, the Consumer Customer has fourteen (14) days from the conclusion of the contract (the paid subscription, section 6.2) to withdraw, without giving reasons and without bearing costs other than those set out below. The free trial, which involves no payment and no commitment, does not start this period.

13.2. How to withdraw. To exercise this right, the Customer notifies their decision through an unambiguous statement, by email to [TO COMPLETE: email address] or by post to [TO COMPLETE: postal address], using the form in annex 1 if they wish. It is enough to send the statement before the period expires. The Publisher acknowledges receipt without delay on a durable medium.

13.3. Service started during the withdrawal period. Since the Service is provided from subscription, the Consumer Customer expressly requests, when subscribing, that performance begin before the end of the withdrawal period. If they then withdraw, they remain liable, in accordance with article L. 221-25 of the French Consumer Code, for an amount proportionate to the service provided until they communicated their decision to withdraw, prorated on the price of the current period. [TO COMPLETE: more favourable commercial option, for example full refund of the first payment]

13.4. Refund. The Publisher refunds all amounts paid, less the amount under section 13.3, no later than fourteen (14) days after being informed of the withdrawal, using the same payment method, at no cost to the Customer.

13.5. Effects. Withdrawal ends the subscription. The Organization then follows the process in section 12.

14. Customer Data, export and reversibility

14.1. Customer Data remains the Customer’s property. The Publisher only uses it to provide the Service, on the Customer’s instructions, under the DPA.

14.2. The Owner can obtain a full, free export of Customer Data, in a structured, commonly used format (JSON, CSV), at any time: from the Service while the Organization is active or read-only, and on simple written request during the archiving period.

14.3. Deletions in the Service are soft deletions: the item goes to the Organization’s archives, from which it can be restored; only a purge by the Owner deletes it permanently.

15. Availability, maintenance and support

15.1. The Service is in principle available 24 hours a day, 7 days a week. The Publisher uses reasonable means to ensure its availability, security and regular data backups, under a best-efforts obligation. No quantified service level is guaranteed, unless committed in writing in a Custom plan.

15.2. Access may be interrupted for maintenance, updates or security. Planned maintenance is, as far as possible, announced in advance and carried out at off-peak hours.

15.3. The Service depends on third-party services independent of the Publisher, in particular Discord (sign-in, bot), the game server’s frameworks and scripts, and FiveM. Their unavailability or changes may affect some features without the Publisher being liable for it.

15.4. Support is provided in writing, at [TO COMPLETE: support address or channel], within a reasonable time, in French or English.

16. Customer obligations

The Customer:

• administers their Organization (invitations, ranks, permissions, moderation of their Members’ content) and ensures Members comply with the Terms of Use;
• keeps the Bridge key confidential and revokes any compromised key without delay;
• as data controller, complies with data protection law for the personal data they have processed (informing Members and players, in particular);
• refrains from any use of the Service contrary to the law, the Terms of Use or the terms of third-party platforms (Discord, FiveM, Rockstar Games).

17. Intellectual property

The Service, its software, documentation and visual elements remain the exclusive property of the Publisher. The subscription grants the Customer and its Members a personal, non-exclusive, non-transferable right, limited to the term of the contract, to use the Service for its intended purpose. The Customer shall not copy, decompile, resell or make the Service available to third parties, except within the limits permitted by law. The Customer grants the Publisher, for the term of the contract only, the right to host, reproduce and display Customer Data to the extent necessary to provide the Service.

18. Liability

18.1. Business Customers. The Publisher is only liable for proven fault. Its liability is limited to direct damage and, for all causes combined, to the amount paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to liability. The Publisher is not liable for indirect damage, such as loss of revenue, of data not backed up by the Customer, of reputation or of players. These limits do not apply in case of gross negligence or wilful misconduct, nor to personal injury.

18.2. Consumer Customers. The Publisher is liable by law for the proper performance of the contract. It may be exonerated from all or part of its liability by proving that the non-performance or improper performance is attributable to the Customer, to the unforeseeable and insurmountable act of a third party, or to force majeure. Nothing in the Terms of Sale limits the rights consumers have under the law.

18.3. The Publisher is not liable for content entered by the Customer, the Members or the Bridge, nor for how it is used, subject to its obligations as a hosting provider (article 6 of the LCEN, Regulation (EU) 2022/2065 on digital services).

19. Legal guarantee of conformity (Consumer Customers)

The Consumer Customer benefits from the legal guarantee of conformity for digital content and services under articles L. 224-25-12 et seq. of the French Consumer Code, throughout the supply of the Service. In case of lack of conformity, they are entitled to have the Service brought into conformity free of charge or, failing that, to a price reduction or termination of the contract, under the conditions provided by law. They may exercise this guarantee with the contact given in section 1.

20. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code (in particular widespread Internet or hosting outages, large-scale cyberattacks, decisions of an authority). If the impediment lasts more than thirty (30) days, either party may terminate the contract in writing; amounts paid for the unperformed period are then refunded.

21. Changes to the Terms of Sale

The Publisher may change the Terms of Sale. New Terms of Sale are notified to the Customer at least 30 days before they take effect and apply from the following period. A Customer who refuses them may terminate free of charge before that date; otherwise they apply. Changes required by law apply as soon as they come into force.

22. Governing law, language, disputes and mediation

22.1. The Terms of Sale are governed by French law. A Consumer Customer residing in another country keeps the benefit of the mandatory protective provisions of the law of their country of residence.

22.2. The Terms of Sale are drafted in French; the English translation is provided for information and, in case of discrepancy, the French version prevails.

22.3. Complaints and mediation (Consumer Customers). The Consumer Customer first sends their complaint in writing to the contact given in section 1. In accordance with articles L. 612-1 et seq. of the French Consumer Code, if they are not satisfied, they may refer the matter free of charge to the consumer mediator the Publisher belongs to: [TO COMPLETE: name of the consumer mediator, postal address, website], within one year of their written complaint.

22.4. Jurisdiction. Failing an amicable settlement, any dispute with a Business Customer falls under the exclusive jurisdiction of the courts of the Publisher’s registered office, [TO COMPLETE: competent court]. The Consumer Customer may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or when the harmful event occurred, or any other court with jurisdiction under the law.

Annex 1: withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To [TO COMPLETE: Publisher’s company name, postal address and email address]:

I hereby give notice that I withdraw from my contract for the provision of the following service:

• SuperMDT subscription, Plan: ……………… ; Organization (address <name>.supermdt.fr): ………………
• Subscribed on: ………………
• Name of consumer: ………………
• Address of consumer: ………………
• Signature of consumer (only if this form is notified on paper): ………………
• Date: ………………

Annex 2: data processing agreement

The personal data processing agreement (article 28 GDPR) is annexed to these Terms of Sale and applies to every Customer for the personal data the Publisher processes on its behalf.