Terms of service

1. Purpose

These terms of service govern the subscription to the DiaspoKolis online software, published by ANY SOFTWARE (“the Publisher”), by a parcel-forwarding or transport company (“the Customer”). They apply to businesses only. Accepting them at signup is required before the Customer's space is created.

• ANY SOFTWARE, SAS au capital de 1 000 €
• Registered office: 2 impasse Clément Marot, 95820 Bruyères-sur-Oise, France
• Registration: RCS Pontoise 107 848 400 (SIRET 107 848 400 00019)
• VAT number: FR63107848400
• Contact: contact@diaspokolis.com

2. The service

DiaspoKolis lets the Customer manage its parcels (collection, labelling, loading, shipping, delivery), customers, invoices and team, and offer its own customers a tracking page. The service is available online, in a web browser, with nothing to install.

The Publisher does not carry any parcels and takes no part in the relationship between the Customer and its own customers. The Customer is solely responsible for its transport business: contracts, prices, customs, insurance, compliance of shipments, and the content of its invoices and tracking pages.

3. Account and access

The Customer provides accurate information at signup and keeps it up to date. Its administrator creates its team's accounts and is responsible for them; each user keeps their credentials confidential. The Customer reports any unauthorised use of its space without delay.

4. Plans and prices

The subscription is monthly, at the price of the chosen plan:

• Starter: €89 excl. VAT / month
• Pro: €189 excl. VAT / month
• Enterprise: On quote

Prices exclude taxes. French VAT (20%) is added for a Customer established in France; it is not charged to a Customer established in another European Union member state and registered for VAT (reverse charge by the Customer), nor to a Customer established outside the European Union (article 259-1 of the French General Tax Code). The Publisher may change its prices; a new price applies from the renewal following 30 days' notice by email, during which the Customer may cancel.

5. Payment

The subscription is paid monthly, in advance.

• Customer based outside Africa: online payment by card or SEPA Direct Debit, through the payment provider Stripe, renewed automatically every month. By choosing direct debit, the Customer signs a SEPA mandate authorising these recurring debits.
• Customer based in Africa: either online payment by card through Stripe, renewed automatically every month, or payment by bank transfer or mobile money, as agreed with the Publisher.

The space opens once the first payment is confirmed. An invoice is issued for each period.

6. Late payment and non-payment

If a payment fails, it is retried. Without payment, the Publisher may suspend access to the space until payment is made, the data being kept. Any amount unpaid when due bears late-payment interest at three times the French legal interest rate, plus a fixed recovery fee of €40 (articles L. 441-10 and D. 441-5 of the French Commercial Code).

7. Term and cancellation

The subscription has no minimum term and renews every month. The Customer may cancel at any time, from its billing space or by email; cancellation takes effect at the end of the current, already paid month, without pro-rata refund. The Publisher may terminate with 30 days' notice, or without notice in the event of a serious breach by the Customer (persistent non-payment, unlawful use of the service).

8. Availability and support

The Publisher strives to keep the service available at all times and up to date, without guaranteeing that it will never be interrupted: maintenance or incidents may make it temporarily unavailable. Support is provided by email.

9. Customer data

The Customer remains the owner of the data it enters and may request an export at any time. After cancellation, its data is kept for three months so it can retrieve it, then deleted, except for what the law requires to be kept.

For the personal data of the Customer's own customers and recipients, the Customer is the controller and the Publisher acts as processor (article 28 of the GDPR): it processes that data only to provide the service and on the Customer's instructions, keeps it confidential and secure, uses only the sub-processors listed in the privacy policy, helps the Customer answer requests from data subjects, informs it without delay of any data breach, and deletes or returns the data at the end of the contract.

10. Intellectual property

The software remains the property of the Publisher. The subscription grants the Customer a non-exclusive, non-transferable right to use it for the duration of the subscription and for the needs of its business. The Customer authorises the Publisher to display its name and logo in its space and on its documents.

11. Liability

The Publisher has an obligation of means. It is not liable for indirect damage (loss of revenue, customers or data attributable to the Customer), nor for parcels, their transport, or the relationship between the Customer and its customers. Its total liability is limited to the amounts paid by the Customer over the previous twelve months.

12. Changes to these terms

The Publisher may change these terms; the Customer is informed by email 30 days before they take effect. Continuing the subscription after that date constitutes acceptance.

13. Governing law and disputes

These terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution; failing that, the commercial court of the Publisher's registered office has sole jurisdiction. The French version of these terms prevails.