General conditions of use of Azopio services
Article 1 : Acceptance of the general conditions oh the Azopio service
These General Terms and Conditions apply to the contract between Azopio, a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 821 449 634 and whose registered office is located at 38, Avenue de Wagram, 75008 Paris, France, represented by its current Chairman (hereinafter “Azopio”), and the person (hereinafter the “User”) who has subscribed online to the services offered by Azopio on its website accessible at the address https://www.azopio.com/ (hereinafter “the Site”) and its platform accessible at https://app.azopio.com.
These General Conditions are the only ones applicable and replace all other conditions, unless prior, express and written derogation.
Azopio may occasionally modify some of the provisions of its General Conditions, so it is necessary that they be reread before each visit to the Site.
Each purchase or subscription to the Service or the Trial Offer on the Site is governed by the Terms and Conditions.
By validating his registration and ticking the box “I accept the GTCU of Azopio’s services”, the User accepts without reservation the General Conditions after having read them, he acknowledges that he is fully informed and that he is bound by all the provisions hereof. By accessing the Site, the User undertakes to comply with these conditions.
The User acknowledges unreservedly accepting these General Conditions.
Article 2 : Azopio's service definitions
For the purposes of these General Conditions, the following words shall have, both in the singular and in the plural, the meaning given to them by the following definitions :
- Subscription : Subscription to a set of services corresponding to a particular offer for a given period and in return for a fixed and fixed price.
- Collector : Service tool that allows you to link a User’s personal space with an Issuer to the User Account in order to directly collect the Documents and information issued as and when they are issued
- User Account : Personal space of a User validly registered for the Azopio Service on the Azopio Platform
- General Conditions : this contract.
- Connector : Service tool used to link a User’s personal space with a Custodian to the User Account in order to directly collect Documents and information issued as and when they are deposited
- Custodian : Third party keeping Documents relating to a User (email server, service provider)
- Document : All documents, files, banking transactions and their contents submitted to Azopio (whose recovery can be done automatically through Collectors or Connectors), processed and transferred by Azopio to the User Account.
- Issuer : Third party issuing Documents relating to a User (banking organization, insurer, supplier, service provider)
- Azopio Service : Refers to the application entity and its database made available to the User who has registered and previously accepted these General Conditions. This application is accessible via the https://app.azopio.com site and allows each User to archive, consult, print, share, extract key information contained in the Documents, transfer, validate, initiate payments and save these Documents.
- Platform : All of Azopio’s software means, accessible on the Internet, in particular from the https://app.azopio.com website and through which Azopio provides the User with the Services.
- Website : Azopio website accessible at https://app.azopio.com
- User : Each User validly registered for Azopio’s services, who benefits from access to the Paid Service or not.
Article 3 : Object
The purpose of these General Terms and Conditions is to define the conditions under which Azopio will provide the User with a set of electronic document management services.
Azopio has developed and perfected an original and complete solution to:
- Manage the online archiving of Documents on a personal space belonging to the User;
- Access and view these Documents from any device connected to the Internet;
- Process its Documents in order to allow the extraction of relevant information, the validation and automatic classification of its Documents;
- Give the User the possibility to transfer certain Documents and some of their content to other service and information processing platforms (including payment initiation services);
Article 4 : Equipment and connections required for use of Azopio service
The User is informed that access to the Services requires a computer equipped with a Google Chrome or Mozilla Firefox browser and an Internet connection, which he already acknowledges having.
Article 5 : User information about Azopio services
The User declares that he has read the information available on the Site concerning the essential characteristics of the Services and Subscriptions.
Article 6 : Subscriptions
Article 6.1. Price of Azopio Subscriptions and Services
The current price of the various Subscriptions as well as that of the Services subscribed in addition are available on the Azopio Website (https://www.azopio.com/en/pricing/).
Article 6.2. Payment for Services provided by Azopio
Subscriptions and Services are payable monthly in arrears by card or direct debit.
Payment is made on the secure platform of Azopio’s payment service provider.
The user expressly agrees to pay the monthly payments of his Subscription from the means of payment that the user has selected (card or direct debit).
It is the User’s responsibility to inform Azopio of any changes to their payment information.
In the event that the payment is rejected by the User’s bank, Azopio reserves the right to immediately suspend the User’s access to the Paid Services until the User has paid for his current Subscription as well as the bank charges charged to Azopio regarding the User’s rejection by the User’s bank.
The stipulations below are without prejudice to the application of the stipulations of the articles Termination by the User and Termination by Azopio below.
Article 6.3. Azopio subscription change
If the User chooses to change his subscription plan, the new plan is activated when the old subscription expires.
Article 7 : Use of the service
Article 7.1. Access and Registration to the Services
To use Azopio services, each User must be at least 18 years old, be legally capable of contracting and use this Site in accordance with these Terms and Conditions.
The User guarantees the veracity and accuracy of the information provided by himself on the Site.
Azopio reserves the right to cancel or refuse any subscription (registration – subscription renewal – subscription modification – and any other service) of a User with whom there is a dispute relating to the payment of a previous subscription.
The Site is available in French and English.
The computer and telecommunications equipment (computer, software, means of telecommunications, Internet access, etc.) that allow access to Azopio’s services are the sole responsibility of the User, as well as all telecommunications costs incurred by their use.
In order to become an Azopio User and obtain an Account, each User must first register directly on the Site by filling out a form. Once it has been completed and submitted to Azopio, an email will be sent by Azopio to the user to confirm his registration and the activation of his Account. It should be noted that Azopio gives itself the right not to activate an account if it indicates suspicious or inconsistent information.
After activation of the account the User will be invited to:
- Choose a Subscription among the offers offered on the Site (by default each user will be registered on a free trial subscription for a period of 14 days only).
- In the case of a Paid Service or at the end of its trial subscription:
- Complete all mandatory fields regarding billing information;
- Choose your payment method. The Space and the Master Account are created before payment. After validation of the payment, Azopio updates the User’s Space according to the Subscription chosen. After validation of the payment, each User receives an email transmitting the information related to the payment and the chosen Subscription.
The User guarantees that the data he communicates are accurate and in accordance with reality.
In case of modification of any information, or his email address, each User must proceed to the modification of his personal information himself in the “Settings” / “Subscription” section.
In case of erroneous information, Azopio may decide to block or delete the User’s Account and all data stored therein.
Azopio informs each of its Users that access to their Account may be interrupted temporarily or permanently in the following cases:
- In the context of maintenance operations and temporary updates;
- In the event that a User uses the Services in a manner that does not comply herewith, in violation of a legal or regulatory provision or in violation of the rights of third parties.
Article 7.2. Username and password allowing access to the Azopio service
The User undertakes to keep secret the username and password allowing him to access the Services.
The User undertakes to regularly change his password and to observe all security recommendations that Azopio may make to him.
Article 7.3. Adding Documents
Documents can be added to the User Account in different ways :
- Electronically : If the Documents already exist in a format managed by the service, the User can store them directly in his Storage Space by logging into his Account and clicking on the “Add a document” button in order to drag and drop them into the corresponding area. He can also send them by email to the personal address he will find by clicking on the “Add a Document” button.
- Digitization route : If the Documents do not exist in digital format, they can be scanned directly by photographing them through the mobile application “Azopio Snap” downloadable free of charge from Google Play or Apple Store or by scanning the Documents with any scanner or multifunction printer allowing the sending by email of the scanned Documents.
- Automatic Document collection channel if the Document is available on email servers, on third-party platforms or on a customer area at a third-party biller. In all these cases the User can configure a Collector and/or Connector by clicking on “Integration” and then choosing the type of Collector and/or Connector that the User wishes to configure.
- Automatic collection of bank transactions : if banking transactions are available on a customer area at a third-party bank, the User can configure a Collector by clicking on “Integration” and then “Bank accounts”.
- Via API : if the User has the “API” option, he will be able to automatically send documents through the API developed and maintained by Azopio and whose technical documentation can be found on the following site: https://app.azopio.com/public_api/v1/swagger-ui/. It should be noted that it is the User’s responsibility to develop the code allowing automation by this way.
Article 7.4. Availability of Documents
Regardless of the method used to add Documents, they are available within minutes of the add action. The processing time depends on the size of the Document and its original format (paper – longer – or electronic).
The Documents can be consulted as long as they are not deleted from the User Account and the User has a valid Subscription. They may be shared with third parties. A PDF viewer allows you to consult them without the need to download them.
In addition, Documents added to the User Account may be processed automatically (automatic extraction of information contained in the documents). The number of Documents processed varies according to the Subscription formula subscribed by the User. If the maximum processing capacity is exceeded, and the User expressly indicates that he does not authorize the exceeding of the quota of invoices processed (this action can be performed by modifying the options of the Subscription which is under “Settings” then “Subscription”) then the Documents will no longer be processed automatically by Azopio but can be processed “manually” from the site.
Article 7.5) Automatic collection of documents, data and banking transactions
The Service allows the User to collect in real time and as they are made available, the Documents by the various databases and platforms of the Issuers (bank, suppliers, service providers, public bodies, etc.) and the Custodians (email servers, third-party services) and to classify them in his User Account by configuring a Collector and/or Connector.
To configure a Collector and/or a Connector, the User entrusts Azopio with the identifiers necessary to connect to the customer area of the Issuer’s website and/or the Depositary’s site from which he wants to download or automatically collect his Documents and data and gives him delegation to carry out this operation in his name and on his behalf.
Once the User’s personal space with the Issuer and/or Custodian has been attached to the User Account, the username and password for access to his customer area are encrypted so that Azopio no longer has access to them and will not be able to provide the User with any support for their recovery.
The User is solely responsible for the request for dematerialization of his Documents and / or his banking transactions with his supplier and / or bank to access the Service, as well as he is solely responsible for the request for re-materialization in the event that he wishes to return to a paper format.
By configuring a Bank Collector, the User delegates to Powens (an approved payment institution and partner of Azopio) and Azopio (Azopio is registered under number 821 449 634 by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) of Banque de France as Agent of Powens)) to carry out all the actions necessary to retrieve on his behalf the Documents and banking transactions hosted on the Issuer’s website.
Azopio is not authorized to carry out actions on the host’s website and on behalf of the User, which would not be necessary for the recovery of the Documents, data and banking transactions defined by the Collector.
Article 7.6. Retention of documents
Documents saved on the User Account will be saved for a period of 10 years from the date of receipt of the Document and under the condition that the User has a valid current Subscription. As indicated in article 12.4), anyUser Account that has not had any paid Subscription for more than 6 (six) consecutive months will be considered inactive and will result in the deletion of the Account and all stored Documents.
Article 8 : Right of withdrawal
The User who has the quality of consumer within the meaning of the Consumer Code, has the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day of conclusion of the contract.
To exercise the right of withdrawal, the User must notify Azopio (38 Avenue de Wagram, 75008 Paris or firstname.lastname@example.org) of his decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post or email).
The User may use the model withdrawal form attached hereto but it is not mandatory.
In order for the withdrawal period to be respected, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the event of withdrawal by the User, Azopio will refund all payments received from the latter, including delivery costs without undue delay and, in any case, no later than fourteen days from the day on which Azopio is informed of the decision to withdraw from this contract.
Unless the User expressly consents in advance at the beginning of the performance of the contract before the expiry of the right of withdrawal and the latter expressly waives this right, the contract can only begin to be executed at the expiry of the withdrawal period.
If the User has requested to start the provision of services during the withdrawal period, he must pay Azopio an amount proportional to what has been provided to him until the moment he has informed him of his withdrawal from this contract, compared to all the services provided for in the contract.
Article 9 : Azopio's commitments
Article 9.1. Infrastructure
Azopio’s infrastructures for the execution of the Service are installed in highly secure Data Centers, located in the European Union, offering all security guarantees such as intrusion protection, fire protection, data replication on several servers, a platform protected 24/7 by video surveillance and limited access to authorized personnel.
The data stored on Azopio’s servers is protected by hardware and software protection systems (firewall, anti-virus, anti-spam, etc.) and encrypted transmissions.
Article 9.2. Availability of Azopio Services
Azopio undertakes to ensure the operation of its platform in order to allow the User to access the Services 7 days a week and 24 hours a day.
In the event of a technical failure affecting access to the Site or the operation of the Platform for reasons beyond Azopio’s control such as, in particular, the interruption of telecommunications systems, interruption of the Internet or interruption of the services of its IT service providers, for any reason whatsoever, Azopio undertakes to implement all the means at its disposal to:
- inform the User as soon as possible
- restore access to the Services, even in degraded mode, as soon as possible
- allow the User to upload his Documents and Transactions
The occurrence of the events referred to in the previous paragraph will have no consequence on the continuation of this contract and will not give rise to a claim on the part of the User, these events being considered as constituting force majeure.
Article 10 : Property
Article 10.1. User's rights to his Documents and confidentiality
Azopio never acquires any rights to the Documents and the information they contain and which remain exclusively and entirely those of the User.
Azopio ensures the strict confidentiality of the User’s Documents and their contents, as well as information concerning the User’s activity.
The User authorizes Azopio to carry out an exclusively automated reading and analysis of the content of the Documents, for the sole purpose of character recognition, indexing, extraction of key information contained in the Documents on behalf of the User and the proper functioning of the Services. All automatic processing is done on behalf of, at the request and in the name of the User.
The Documents and/or their contents as well as any other data concerning the User are never communicated to third parties except with the punctual, prior and express authorization of the User or for the purposes of implementing the Services subscribed to by the User.
In any case, these transfers will comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Article 10.2. Intellectual property and right to use the Service
Azopio is and remains the owner of the property rights relating to any element of the Service made available to the User, of all the prerogatives relating thereto, as well as more generally of the IT infrastructure (software and hardware) implemented or developed within the framework of the Contract.
The temporary provision of the Service under the conditions provided for in the Contract cannot be analyzed as the transfer of any intellectual property right for the benefit of the User, within the meaning of the French Intellectual Property Code, on the Service or on any of its elements, or on the associated documentation. Consequently, the User undertakes not to infringe, directly or indirectly, or through third parties, Azopio’s rights to the software, applications and services it offers. In particular, the User shall refrain from any adaptation, modification, transformation, decompilation, functional analysis or arrangement of Azopio’s applications, for any reason whatsoever.
The Agreement does not confer on the User any ownership rights over the Service: Azopio grants the User a personal, non-exclusive and non-transferable right to use the Service only for the number of Accounts corresponding to the Subscription subscribed.
The User will not acquire any intellectual property rights, nor any rights other than those conferred by the Agreement.
It does not acquire any rights to trademarks, trade names, logos or other distinctive signs, trade secrets, patents, whether of Azopio and/or its licensors.
In particular, the User is prohibited from :
- modify or remove any mark or inscription appearing on any reproduction of the Service or related media
- reproduce, arrange, adapt the Service or make it available to third parties, market it, grant a loan
- reproduce or imitate Azopio’s trademarks, trade names, logos or other distinctive signs, trade secrets, patents, or intellectual property rights, in any medium whatsoever and for any purpose whatsoever, with the express written consent of Azopio
- modify, translate, analyze, decompile, disassemble or create derivative tools based on the Service
- perform or have carried out the correction of an anomaly of the Service without the prior written consent of Azopio
- distribute the Service via, in particular, the Internet network
- authorize simultaneous access to the Service to a number of Accounts greater than that authorized by the Subscription subscribed.
Pursuant to the provisions of Article L. 122-6-1 of the Intellectual Property Code, Azopio reserves the sole right to correct errors.
The User undertakes to take all necessary measures to ensure that all persons living under the same roof or working on his behalf comply with the stipulations of this article.
Article 11 : Responsabilities
Article 11.1. Responsibility of the User of the Service
Article 11.1.1 Responsibility for content
The User is solely responsible for all content created, stored, or transmitted in connection with the use of the Service. Azopio cannot be held responsible for the consequences of the User’s use of the Service.
It is the User’s responsibility to verify that the Documents he processes via the Service and their content:
- Do not constitute an infringement of intellectual property rights,
- Do not contain computer viruses,
- Do not glorify crime, nor encourage any criminal activity,
- Have no paedophilic, pornographic, obscene, racist, defamatory or revisionist character.
Azopio acknowledges and accepts that no ownership rights relating to the Documents processed by the Service are transferred or assigned to it by the User. Azopio does not control the content saved by the User through the Service.
In the event of a breach by the User of the obligations stipulated above, Azopio reserves the right to proceed as it sees fit to the immediate suspension or destruction of his Account without the latter being able to claim a refund of his Subscription or any compensation under this measure.
Article 11.1.2 Responsibility for sharing
The User is solely responsible for his decision to share one of his Documents with another user or to give access to a third party.
The User is informed that the sharing function of a Document may allow the user benefiting from the sharing to transfer a copy of the Shared Document to his own space or to download it. Once this transfer has been made, the User no longer has the right to recall the copy of the transferred Document even though he has deleted the share considered for the future or has deleted the Document himself from his own Account.
Article 11.1.3 Responsibility for the automatic collection of documents and banking transactions
The User is fully responsible for the use he makes of the Service, in particular, he will take care not to violate the conditions of use of the services on which he uploads his Documents.
The User undertakes to use Azopio’s collection tools only to collect Documents and banking transactions intended for him and that he has the right to download. The User expressly acknowledges that the contractual commitments he has signed with the third party holder of the Documents authorize him to entrust his identifiers to Azopio and to give him a delegation to download his Documents and banking transactions.
Azopio declines all responsibility in the event of non-compliance by the User with the above conditions and can therefore not be held responsible in the event of malicious or fraudulent use by the User, in particular if he has entrusted Azopio with identifiers that do not belong to him.
Article 11.2. Liability of Azopio
The User is informed that character recognition and algorithms for extracting key information from a document are essentially based on a statistical process so that recognition errors are inherent in this process.
Consequently, it is up to the User, which the latter acknowledges, to control the recognition process and to correct errors if necessary.
Azopio or its suppliers shall not be liable for any damage caused by errors resulting from the processes of character recognition and extraction of key information.
Azopio’s liability is limited to the commitments made pursuant to the Contract and cannot be engaged due in particular to:
- damages due to the total or partial non-performance of its obligations by the User
- direct or indirect damage suffered by the User resulting from the performance of the Service in terms of character recognition and extraction
- any malfunctions or deterioration of the User’s computer system caused by the non-compliant use of the Service, including any loss of any data of the User
- indirect damages that the User may suffer as a result of the use of the Service
The Parties expressly agree in this respect that any financial or commercial loss (for example loss of data between two backups, it being specified that sliding backups are made every day, operating loss, loss of turnover, loss of profits, loss of customers or orders, loss of profit, commercial disturbance of any kind or any action directed against the User by a third party), constitutes indirect damage and does not give rise to any right to compensation by Azopio.
In addition, the technical advice that Azopio could give free of charge to the User is indicative and can in no way entail any liability for Azopio.
Use of the Service requires a connection and an Internet browser (Google Chrome or Mozilla Firefox). The User accepts the limitations related to the Internet, including:
- that the response speed of the Service may be affected by poor bandwidth,
- whereas the confidentiality of data circulating on the Internet cannot be fully ensured and that such data may in particular be misused,
- that the proposed Service implements complex IT functionalities and that it is not possible to test all the possibilities of use.
The User therefore agrees to bear the imperfections of the Service that are not blocking as well as the temporary unavailability of the hosting platform or the Service not exceeding 72 hours without Azopio being held liable.
In any case, in the event of implementation of Azopio’s liability, the compensation to which the latter may be held may not exceed, any damage combined, the cost of the Monthly Subscription to the Service.
Article 12 : Duration - Termination
Article 12.1. Azopio Subscription Duration
The duration of the Subscription takes effect on the date of subscription of the Subscription.
Subscriptions are renewable monthly by tacit agreement unless the User cancels his subscription before the anniversary date of the Subscription.
Article 12.2. Termination by the User
This contract may be terminated at any time by the User.
The definitive termination takes effect at the end of the period for which he has subscribed.
At the end of this period, the User will no longer have access to his Account and Space and Azopio will proceed to the definitive deletion of all the information provided by the User as well as all the Documents contained in his User Account within 6 (six) months.
Article 12.3. Termination in case of default
In the event of non-performance by the User of any of the obligations incumbent on him by these General Conditions or by the legislation in force, or in the event of a request from the competent authorities, Azopio may automatically suspend access to and use of the User’s Accounts and Spaces without notice.
In this case, 15 (fifteen) days after notification sent by registered letter with acknowledgment of receipt or by email, Azopio may delete the Accounts concerned without formality.
The User has this period to comply with the regulations in force, to meet the requirements of the authorities if necessary.
Article 12.4. Termination in case of inactivity
Any User Account that has not had a paid Subscription for more than 6 (six) consecutive months will be considered inactive and will result in the deletion of the Account and all stored Documents.
Article 13 : Protection of personal data
To perform the Service defined in these General Terms and Conditions, Azopio collects the User’s personal data relating to his surname, first name, address, company name if applicable, email address, telephone number, credit card number, expiry date of the credit card, visual cryptogram, data relating to the monitoring of the commercial relationship and the payment of invoices as well as accounting data relating to his professional activity imported as part of the performance of the Service.
The data controller is Azopio, a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 821 449 634 and whose registered office is located at 38, Avenue de Wagram, 75008 Paris, France, represented by its current Chairman.
Azopio has appointed a data protection officer in the person of Mr. Sébastien Peypoux (email@example.com)
The purpose of processing the aforementioned personal data is the performance of the Service by Azopio and its payment by the User. It is based on Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
The recipients of the data are the commercial, technical and accounting departments of Azopio.
The data relating to the follow-up of the commercial relationship and the payment of invoices are kept in the active database until the end of the commercial relationship between the Parties and then in an archive for a period of 5 years from the end of the commercial relationship.
The number of the bank card and its validity date are kept in an archive for a period of 15 months at the end of the last payment due date for probative purposes. The visual cryptogram is not kept at the end of the last payment deadline.
Persons whose personal data are collected have the right of access to personal data concerning them, rectification or erasure thereof, restriction of processing, data portability and the right to object to processing.
However, the User is informed that the personal data collected are necessary for the performance of the Service so that in case of use of his right to erasure of said data, opposition or limitation of processing before the end of the contractual relationship, the service can not be performed.
These rights can be exercised by sending an email to firstname.lastname@example.org, or by mail to Azopio, 38 Avenue de Wagram, 75008 Paris.
Azopio undertakes to respond to the person who has made use of one of the aforementioned rights within one month of receipt of the request.
However, this period may be extended by two months, taking into account the complexity and number of requests. In this case, Azopio will inform the person concerned of this extension within one month of receipt of the request.
Where the data subject makes his or her request in electronic form, the information shall be provided electronically where possible and unless the data subject requests otherwise.
In the event of Azopio’s refusal to respond to the request for information made by the person concerned, Azopio will specify the reasons for this refusal.
The data subject has the possibility to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés or the supervisory authority of the Member State of the European Union in which he or she resides and to lodge a judicial remedy.
The User is informed that the Azopio Platform and the Documents provided by the User as part of the Service are hosted by a service provider located within the European Union (OVH).
Article 14 : Mediator of consumption
Pursuant to Article L.612-1 of the Consumer Code, consumers within the meaning of the said Code have the right to have recourse in the event of a dispute to the national consumer mediator
Article 15 : Partial Nullity
In the event that one or more stipulations of these General Conditions are held to be invalid or declared as such pursuant to a law, a regulation or a final court decision, the other stipulations will retain all their force and scope.
Azopio and the User then agree to replace the null or invalid clause with a clause that will come closest in content to the clause initially adopted.
Article 16 : Applicable law
These General Terms and Conditions are governed by French law.
The French language is the only language of interpretation of these General Conditions.
Any dispute that cannot be settled amicably will be submitted to the competent courts of Paris designated according to the Code of Civil Procedure.
Beforehand, any dispute between Azopio and a User will be the subject of an attempt at amicable settlement.