General Terms of Use

These General Terms of Use, referred to as "GTU", are a contract between the user (You) and Ask for the Moon (Us). They are applicable as soon as they are accepted when the user account is created.

You

are a natural or legal person over 13 years old who uses Ask for the moon’s services. When you sign up, you are committed to give us exact and sincere information. Furthermore, the registration process is exclusively personal; you can’t create an account on the behalf of someone else, and your account is non-transferable. We use the email you supply on your registration to contact you.

We

are Ask for the moon - Wingzy SAS with a capital of €65 131
8 rue du Faubourg Poissonnière · 75010 Paris · France
SIREN 840 592 455 · RCS Paris · APE 6202A
contact@askforthemoon.com
Publishing director: Clément Dietschy
Our services are hosted in Paris, France by Microsoft Azure.
Our website home.askforthemoon.com is hosted in Dublin, Ireland by AWS.

Your Organization

is a legal entity you are a part of, and a client of Ask for the moon.

Your Colleagues

are the natural people who have access to the Ask for the moon platform of your Organization. To gain access to this platform, a person must have an email account in your organization, or an invitation from a colleague.

The CNIL

or the National Commission on Informatics and Liberty, is here to inform and protect you, especially regarding your personal data usage. If needed, or in the event of a problem, go to their website cnil.fr.

Contract between You and Us

The use of our Services, including the use of our platform, implies full acceptance of these terms.

You are solely responsible for verifying your right and ability to accept these terms.


The right to use our Services is neither commercial nor transferable, non-exclusive, revocable and limited to the uses described herein.

As long as you use our Services, these Terms of Use are effective. To stop using our Services, you must delete your personal account (and therefore all your data). Erase


Our Terms of Use will change over time (as our Services change). We will notify you by email whenever we make changes.

If you do not agree to our Terms of Use, do not use our Services. Some Services or features may be subject to specific Rules or Agreements, such as the Terms of Sale below.


If any part of these Terms of Use is found to be invalid by a court of law, it does not invalidate the rest. If we fail to enforce these Terms of Use immediately, it does not invalidate them in the future.

Any dispute in connection with the use of our Services is subject to French law. The competent courts of Paris shall have exclusive jurisdiction.

Our Services

The Services we provide are sites under the askforthemoon.com domain, mobile applications, browser extensions, integrations and APIs, as well as support and guidance from our teams.


What are our Services for?


You enter your Profile data (identity information, external contact information and links, professional and personal characteristics in the form of hashtags). View


You find your colleagues according to their Profile data to contact them.


Your Colleagues find you according to your Profile data to contact you.


You ask professional questions.

We notify the relevant colleagues to answer each question according to their Profile data.


Your colleagues ask professional questions.

We notify you to answer the questions for which you are relevant according to your Profile data.


You and your colleagues exchange answers to the questions asked.


You and your colleagues validate the answers and thank the authors.


These answers are available to all your colleagues.


We send you email, mobile or browser notifications to alert you to activities that are relevant to you, or share useful information about our services.

Intellectual property

You are the sole owner of the intellectual property rights and have the sole right to use the questions, answers, tags, users and profiles.


Ask for the moon is the sole owner of the intellectual property rights and holds the sole rights to use the aggregated tags, the aggregation constituting an indissociable whole, the user feedback, the elements of its identity (name, logo, colours, etc.) and the technologies used (client applications, web services and APIs, codes and algorithms, etc.).


You authorise Ask for the moon to broadcast your identity (logo, name, graphic identity), of which you remain the sole owner, on the Ask for the moon platform as well as on the communication media necessary for this use during the entire duration of the use of the services. The affixing or use by contraction of the Ask for the moon logos and your logo(s) does not constitute an infringement in any way.


Any reproduction, representation, modification, distribution, adaptation, commercial exploitation, reverse engineering, resale, of all or part of the Ask for the moon services, whatever the means or process used, is forbidden without the prior agreement of Ask for the moon.


Terms and Conditions

Preamble

Ask for the moon develops a software to share and secure knowledge.


Ask for the moon co-constructs its process with its clients and users to provide this solution.


These General Terms and Conditions of Sale set out the general framework for this collaboration. The applicable contractual provisions and special conditions of sale shall prevail over these General Terms and Conditions of Sale.

Article 1. Purpose and scope

The services provided by Ask for the moon are the provision of the Ask for the moon platform (the sites under the askforthemoon.com domain, mobile applications, browser extensions, integrations, and APIs, accessible in the form of non-exclusive user licenses) but also support and guidance by the Ask for the moon teams.


This provision of services implies compliance with these general terms and conditions of sale.


Acceptance of the quotation and signature by the customer implies the buyer's unreserved acceptance of these general terms and conditions of sale.


The general terms and conditions of sale described below detail the respective rights and obligations of the parties signing the contract in the context of their collaboration. The customer therefore acknowledges having received and accepted these general terms and conditions of sale (GTC).

Article 2. Duration of the contract

Acceptance of the quotation by the client shall constitute a contract for a period expressly agreed by the parties. At the end of this initial period, the parties may terminate the contract.


Any renewal shall be concluded for a period of one (1) year, renewable by tacit agreement. Either party may terminate the contract thus renewed by notifying the other party by e-mail at contact@askforthemoon.com, giving one (1) month's notice.


Article 3. Licences

Ask for the moon grants the client and his collaborators as many licences as specified in the quotation, without geographical limitations. These licences granted to the client are non-exclusive.


The duration of use of these licences is equal to the duration of the contract subscribed to by the clients and this under the conditions of renewal by tacit agreement as specified in article 2 "Duration of the contract". De facto, they will be terminated with the same formalism as specified below in the event of failure by the client company to fulfil its contractual obligations.


These licences are non-transferable, even in the form of sub-licences, unless specifically provided for in the contract.


Consequently, the right to use the licence does not in any way constitute a transfer of rights; this use is remunerated in the form of a fee as defined in the quote.


Article 4. Prices and payment terms

The prices of the licences and other services are those in force on the day the quotation is signed. This price is expressed in euros and does not include VAT. The amount of VAT may vary according to legislative or regulatory changes in this rate.


Ask for the moon reserves the right to propose promotional offers or price reductions. Unless otherwise stated on the quotation, these discounts are only valid for the first year of the contract.


Ask for the moon reserves the right to increase its prices in proportion to the increase of the SYNTEC index.


Ask for the moon undertakes to inform the client company of any price changes by email at least three (3) months before the new rates come into force. These rates only apply to the renewal of the contract.


The client company is free to terminate the contract, which will continue to run until its end and will not be renewed if it does not accept the new rates. Otherwise, the client company is deemed to have accepted the new tariffs.


Prices for services :


Ask for the moon's services are invoiced based on the average daily rate as specified in the quote. The proposed rates include any discounts that Ask for the moon may be able to offer based on its results or the buyer's assumption of responsibility for certain services such as coaching, workshops or internal communication.


Licence prices :


Licences are invoiced according to the number of active users, which is defined as a user of the client company who has used the Ask for the moon services at least once in the rolling year.


At the time of signing the quotation, the contract shall not include less than 200 users. Subsequent invoicing will be based on the previous 12 months and/or a minimum of 200 users. If the number of active users is exceeded during the year, the extra active users will be invoiced at the rate expressly mentioned in the quote each quarter.

Article 5. Terms of payment

Payment for licences and other services is made by SEPA transfer to the following bank details


WINGZY - CIC


IBAN: FR76 3006 6105 6100 0204 3160 230

BIC: CMCIFRPP


Payments will be made within 30 days of the order date.

Article 6. Late payment

In the event of non-payment of all or part of the licences or other services, the purchaser shall owe Ask for the Moon a late payment penalty equal to three (3) times the legal interest rate for the six-month period applicable on the date on which the invoice is due.


This penalty is calculated on the amount of the outstanding amount including VAT and runs from the due date of the price without any prior notice of default being required.


In addition to the late payment penalties, any sum, including the deposit, not paid on the due date, shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs. (Articles 441-10 and D. 441-5 of the Commercial Code).


Ask for the moon reserves the right to suspend or remove access to its services in the event of non-payment.

Article 7. Delivery

The parties agree that the date of delivery of the platform to the customer will be expressly determined on the estimate in cooperation with the customer company. The delivery is made by e-mail and consists of the reception of the connection elements, as well as the setting up of a delivery meeting, without it being possible to blame Ask for the moon for a possible delay with respect to this meeting, the connection elements having been handed over. Licences are deducted from the delivery date.

Article 8. Continuous improvement

Ask for the moon is committed to improving and updating its services according to the needs of its customers and in a co-construction process.


To this end, Ask for the Moon reserves the right to study the behaviour of users of the platform, including but not limited to the study of user sessions, recorded via the LogRocket service, and user interviews, directly or indirectly.


Similarly, Ask for the Moon may modify or delete features of the platform without notice.

Article 9. Intellectual property

The client company is the sole owner of the intellectual property rights and has the sole right to use the questions, answers, tags, users, and profiles.


Ask for the moon is the sole owner of the intellectual property rights and holds the sole rights to use the aggregated tags, the aggregation constituting an indissociable whole, the user feedback, the elements of its identity (name, logo, colours, etc.) and the technologies used (client applications, web services and APIs, codes, and algorithms, etc.).


The client company authorises Ask for the moon to disseminate its identity (logo, name, graphic identity), of which it remains the owner, on the Ask for the moon platform as well as on the communication media necessary for this use throughout the duration of the use of the services. The affixing or use by contraction of the Ask for the moon logos and the logo(s) of the client company does not therefore constitute an infringement in any way.


Any reproduction, representation, modification, distribution, adaptation, commercial exploitation, reverse engineering, resale, of all or part of the Ask for the moon services, whatever the means or process used, is forbidden without the prior agreement of Ask for the moon.

Article 10. Communication

The co-contractors authorise each other without reservation, during the period of use of the Ask for the moon services, to use the company name, commercial name and/or brands as a commercial reference for joint marketing and advertising purposes, on all types of media and without geographical limitation.


In a common advertising interest, the client company agrees to accept the publication and distribution of its feedback and use cases of Ask for the moon services, either at its initiative or at the initiative of Ask for the moon.


Ask for the moon reserves the right to use, after communication to the client company, elements among those mentioned above, including the elements mentioned in article 8 of the present document, to communicate for commercial references and for advertising purposes.

Article 11. Reversibility and interoperability

Interoperability


In accordance with article L. 122-6-1 of the intellectual property code, Ask for the Moon undertakes to ensure that the information necessary for the interoperability of the platform is made easily and rapidly accessible to the client company on request by e-mail to the address support@askforthemoon.com.


Reversibility


Within the framework of the notice of non-renewal of licences, and without any time limit, Ask for the Moon undertakes to allow the reversibility of the use of its services.


The data is returned according to market standards via the provision of files following a documented and exploitable schema (.json);


Ask for the moon undertakes to return all data, documents and elements made available to it by the customer, including the documentation and deliverables resulting from the execution of the service. Ask for the moon undertakes not to keep any copy on any medium whatsoever.


A dedicated reversibility plan can be set up with the client company upon request by e-mail to the following address: contact@askforthemoon.com.

Article 12. Privacy

Ask for the moon irrevocably undertakes, except in the event of a legal obligation or injunction by the judicial authorities, to respect the strictly confidential nature of any question, answer or tag transmitted in the context of the use of its services.


Ask for the moon prohibits itself and its employees from using, allowing to be used or revealing to anyone, directly or indirectly, in any form whatsoever, the content of confidential information transmitted on the platform.


By way of derogation from the above and in accordance with article 8 hereof, only employees and similar persons working full time for Ask for the moon, and in particular developers and engineers working on the Ask for the moon platform, may access all the information available on the platform, the recorded sessions, the connection statistics as well as the content of the exchanges on the platform for the sole purpose of correcting errors and continuous improvement.


The client company may notify its refusal to have errors corrected and continuous improvements implemented by email to support@askforthemoon.com.


In any case, access to information transmitted through the platform is strictly limited to these authorised persons for the sole purpose of error correction or continuous improvement.


Ask for the moon acknowledges that it may be liable for breach of this undertaking.


Ask for the moon's complete privacy policy is specified in the privacy policy, available at the following link: https://askforthemoon.com/en/protectingYourData.

Article 13. Resolving clause

Any breach by the client company of the contractual terms and conditions shall constitute grounds for termination of the contract, late or non-payment.


The contract will be automatically terminated at the end of a period of fifteen days after the client has received a formal notice by registered letter with acknowledgement of receipt or extra-judicial act. This termination is not exclusive of the right for Ask for the Moon to claim damages for financial and economic losses.

Article 14. Force majeure

The responsibility of Ask for the Moon cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the French Civil Code.

Article 15. Applicable law - Disputes

This Agreement is governed by French law.


Any dispute arising between the Parties from the interpretation and/or execution of this Agreement shall be subject to an attempt at amicable settlement between the Parties.


In the absence of an amicable solution between the Parties within a reasonable period, any dispute between the Parties shall be under the exclusive jurisdiction of the Commercial Court of Paris, including in the event of summary proceedings, applications, or multiple defendants.

This document is a translation and it may be in part imperfect. The French version, available here or upon request, prevails and has the sole legal value.


Thank you for reading our Terms of Use and Conditions of Sale. Do not hesitate to contact us if necessary.