General terms of use and sale
1. Publisher and purpose
The Resaluxia service (the “Service”) is published by Jeremy Ouisse, a sole trader registered under SIREN 107 535 163 (the “Provider”), reachable at [email protected]. These terms govern subscription to and use of the Service by any professional customer (the “Customer”). Subscribing constitutes full and unreserved acceptance of these terms.
2. Description of the Service
The Service is an online platform that connects the Customer's WhatsApp Business number and provides an automated booking assistant based on artificial intelligence, together with a supervision application. The assistant replies to the Customer's own clients, qualifies requests, communicates estimates drawn exclusively from the rate card supplied by the Customer, and gathers booking details. The assistant neither concludes nor collects any payment: finalisation always rests with the Customer. The Customer may take the conversation back at any time, which instantly pauses the assistant in that conversation; the Customer may also suspend the assistant entirely at any time.
3. Professional customers only
The Service is intended exclusively for transport professionals acting in the course of their business. The Customer warrants that it holds the authorisations, licences and insurance required for its activity. Consumer-law provisions applicable only to consumers, including the right of withdrawal, do not apply.
4. Account, free trial and subscription
Access to the Service requires creating an account and accepting these terms. Subscribing opens a one-month free trial, which requires registering a valid payment card. The date of the first charge is displayed before the card is entered, and no amount is charged before the end of the trial. The Customer may cancel at any time during the trial, free of charge and without giving reasons, from within the application: nothing is then due.
5. Price and billing
At the end of the trial, the Service is billed as a monthly subscription at the rate in force on the day of subscription: 99 € excluding tax per month, a launch price guaranteed without increase for the whole duration of the subscription for the first ten subscribing customers; 149 € excluding tax per month at the standard rate thereafter. VAT not applicable, article 293 B of the French tax code; should the Provider become liable for VAT, it would be added to the price excluding tax at the applicable rate. Payment is monthly and in advance, by payment card through the Service's secure payment provider. For customers on the standard rate, any price change is notified at least sixty days before it applies; the Customer may cancel before that date, the previous price remaining applicable until then.
6. Term, cancellation, suspension
The subscription has no minimum term and renews tacitly each month. The Customer may cancel at any time from within the application, in a few clicks, cancellation taking effect at the end of the current monthly period, with no exit fee. In the event of payment failure, the Provider notifies the Customer and may suspend access to the Service after unanswered reminders; the Service is restored upon payment. The Provider may terminate the account in the event of a serious breach of these terms left unremedied fifteen days after formal notice, or of unlawful use immediately.
7. Customer obligations
The Customer undertakes to: use the Service in accordance with applicable laws and with the terms of third-party platforms, in particular Meta's WhatsApp Business terms; provide an accurate rate card and keep it up to date, the assistant's estimates deriving directly from it; supervise conversations and handle the requests flagged by the assistant; inform its own clients in accordance with data protection regulations, in its capacity as controller; keep its credentials and its pause code confidential.
8. Personal data
The processing of personal data is described in the Privacy Policy. For end-client data, the Customer is the controller and the Provider acts as processor: a data processing agreement (DPA) compliant with article 28 of the GDPR is provided to the Customer upon subscription and forms an integral part of these terms.
9. Assistant based on artificial intelligence
The assistant's replies are generated automatically. Despite the care taken in its configuration, the Customer acknowledges that a system of this nature may produce imprecise or unsuitable replies in unusual situations. The Service is designed to limit that risk: pricing strictly bounded by the Customer's rate card, hand-off to the Customer of requests falling outside scope, and permanent supervision and take-over. The Customer remains solely responsible for the transport services sold to its clients and for the final validation of each booking.
10. Availability and dependencies
The Provider endeavours to ensure continuous availability of the Service, without guaranteeing the absence of interruption. The Service depends on third-party services (in particular Meta's WhatsApp channel, the hosting infrastructure and the artificial intelligence provider) whose interruptions, limitations or changes are not attributable to the Provider. Maintenance operations are carried out, as far as possible, outside periods of high activity.
11. Intellectual property
The Service, its software, its interface and its contents remain the exclusive property of the Provider. Subscription grants the Customer a personal, non-exclusive and non-transferable right of use for the duration of the subscription. The data of the Customer and of its end clients remain the property of the Customer.
12. Liability
The Provider's liability is limited to proven direct damages and may not exceed the total amount paid by the Customer in respect of the twelve months preceding the triggering event. Indirect damages are excluded, in particular loss of revenue, of clientele or of opportunity. Nothing in these terms excludes liability that cannot lawfully be excluded.
13. Force majeure
Neither party is liable for a failure caused by an event of force majeure within the meaning of article 1218 of the French civil code.
14. Changes to the Service and to these terms
The Service evolves regularly; the Provider may change its features without substantially degrading its purpose. Any amendment to these terms is notified to the Customer at least thirty days before it takes effect; continued use constitutes acceptance, and the Customer may cancel before that date if it refuses the amendment.
15. Governing law and language
These terms are governed by French law. Any dispute relating to their validity, interpretation or performance falls within the jurisdiction of the competent French courts, after seeking an amicable solution.
These terms are drafted in French. Translations into Portuguese, English and Spanish are made available for information only; in the event of any discrepancy between versions, the French version prevails.