Terms and Conditions

Welcome to BuddiesHR apps for Slack, Microsoft Teams, and Pumble and our web dashboard at dashboard.buddieshr.com (the "Service"). By using the Service, you agree to the following terms and conditions (the "Terms"). Please read them carefully to understand your rights and restrictions, as well as our responsibilities. If you do not agree to these Terms, you may not use the Service.

Formation of Agreement and Parties

Unless the parties have mutually executed a separate agreement covering the use of the Service, these Terms and Conditions form a binding contract between Customer and BuddiesHR. In this document, “we,” “our,” and “us” refers to BuddiesHR and SAS The Jeffrey Company. as the company owning the product, while “Customer” or “you” refers to you (or, when applicable, the company or legal entity that you represent). The “Effective Date” of these Terms is the date of your first use of our website, our web dashboard, or any BuddiesHR App for Slack, Microsoft Teams, or Pumble. By using the Service, you agree that you have the authority to represent and bind the company or entity using BuddiesHR to these Terms.

Subscription and Access to the Service

Free plan and purchasing decision

A subscription allows you (and your authorized users) to access the Service. We offer several types of subscriptions, including a free plan for teams under 10 users. One person or legal entity is allowed to sign up for only one free plan. When you decide to buy a subscription to our Service, that decision should be based on the functionality or features available for paid plans at the moment of the payment.

Paid Plans

Auto-renewal and Suspension

Modifications to Fees and Services

Enterprise Plans

Application

An "Enterprise Plan" is a subscription to the Service on the terms set out in an "Order Form": an order form, quotation, subscription confirmation or checkout page that identifies the plan as an Enterprise Plan and references these Terms, whether signed by both parties or accepted by you online.

This section applies only to Enterprise Plans, and for those customers it replaces the corresponding provisions of these Terms.

Order of precedence

Users and pricing brackets

Enterprise Plans are priced by bracket, based on the number of users in your workspace. The Order Form states the bracket that applies and the fee for it.

Your fee does not change during a subscription term, whatever happens to your user count within it. Before each renewal we review your user count; if it has reached a higher bracket, the renewal fee is the fee for that bracket, and we will tell you in the renewal notice described below.

Fees and price protection

The fees set out in the Order Form are fixed for the whole of the subscription term and will not change during that term.

We may adjust the fee for a bracket for a renewal term by giving written notice at least 60 days before the renewal date. Any such increase will not exceed the greater of 5% or the increase in the French consumer price index (INSEE, indice des prix à la consommation) over the preceding twelve months. A move to a different bracket under "Users and pricing brackets" is not an increase for the purposes of this cap.

If you do not accept the fees for the renewal term, you may decline renewal by giving notice before the renewal date, and your subscription will end at the end of the current term.

The general "Modifications to Fees and Services" section does not apply to Enterprise Plans.

Payment

Fees are payable in advance. The payment method, currency and billing frequency are those stated in the Order Form.

Where we have agreed to invoice you, invoices are payable by bank transfer within 30 days of the invoice date, and we will reference your purchase order number where you provide one. Where you subscribe through a payment link, the card provisions in the "Paid Plans" section above apply.

If a payment is overdue, we will give you 30 days' written notice and an opportunity to pay before suspending the Service. We will not suspend an Enterprise Plan for non-payment without that notice.

Term, renewal and notice

Enterprise Plans run for the term stated in the Order Form and renew automatically for terms of equal length unless either party gives written notice of non-renewal at least 60 days before the end of the current term. The 1-day and 15-day notice periods in the "Auto-renewal and Suspension" section do not apply.

Termination

Either party may terminate an Enterprise Plan if the other commits a material breach of these Terms and fails to remedy it within 30 days of written notice.

If you terminate because of our material breach, we will refund the portion of prepaid fees covering the period after termination. Except in that case, and except as stated under "Changes to the Service" below, fees remain non-refundable.

Changes to the Service

We continue to develop the Service, and we may add, change or discontinue any part of it at any time, including features you use.

Where we discontinue a feature or an app covered by your Order Form, and doing so materially and adversely affects your use of it, we will give you at least 30 days' written notice where practicable, and you may terminate the affected app and receive a refund of prepaid fees covering the period after termination.

That refund is your sole remedy in respect of any addition, change or discontinuation of any part of the Service.

Changes to these Terms

The version of these Terms in effect on the date of your Order Form applies for the whole of that term. We may apply an updated version from the start of a renewal term by giving written notice at least 60 days before the renewal date. The general "Amendments" section does not apply to Enterprise Plans.

Limited warranty

We warrant that the Service will perform materially in accordance with its documentation. If it does not, tell us in writing and we will use reasonable efforts to correct it. If we cannot correct it within a reasonable period, you may terminate the affected apps and receive a refund of prepaid fees for the remainder of the term. This is your exclusive remedy for breach of this warranty, and it replaces the "as is" disclaimer in the "Disclaimers and Limitation of Liability" section. The limitation of liability in that section continues to apply.

Confidentiality

Each party may receive confidential information from the other. Each party will use the other's confidential information only to perform under these Terms, protect it with at least reasonable care, and not disclose it to third parties other than to employees, advisers and subcontractors who need it and are bound by equivalent obligations. These obligations last for the term and for three years afterwards.

They do not apply to information that is or becomes public through no fault of the receiving party, was already known to it without a duty of confidence, is independently developed, or must be disclosed by law — in which case the receiving party will give notice where legally permitted.

Data protection

Our Data Processing Agreement is incorporated into every Enterprise Plan and governs our processing of personal data on your behalf, including the Standard Contractual Clauses for transfers outside the European Economic Area and the technical and organisational measures described in its Annex 2.

We will notify you without undue delay after becoming aware of a personal data breach affecting your data, and will provide the information you reasonably need to meet your own notification obligations.

Your data

You retain all rights in the data you and your users put into the Service. You can export it from the apps at any time. On termination, we will delete it in accordance with the Data Processing Agreement, and we will make it available for export for 30 days after termination on written request.

Support and availability

Support arrangements and any availability commitments for an Enterprise Plan are those set out in the Order Form. Where the Order Form is silent, we provide support on a commercially reasonable efforts basis during French business hours.

Publicity

We will not use your name or logo publicly without your prior written consent. The general "Logo Usage and Promotion" section does not apply to Enterprise Plans.

Provisions that do not apply

The free plan and the affiliate program do not apply to Enterprise Plans.

Intellectual Property

All content and materials included in the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of SAS The Jeffrey Company or its content suppliers and are protected by French and international copyright laws.

Customer feedback

We improve our Service based on market research and customer suggestions. Shall you share with us any feedback or suggestions regarding the Service, you agree to grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any ideas or suggestions without any obligation or compensation.

Disclaimers and Limitation of Liability

The Service is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Neither party is liable for indirect, incidental, special or consequential damages, or for loss of profits, revenue, goodwill, data or anticipated savings, arising out of or in connection with the Service.

Each party's total aggregate liability arising out of or relating to these Terms is limited to the total fees paid or payable by you for the Service in the six (6) months preceding the event giving rise to the claim, or €100 where no fees have been paid.

These limitations do not apply to: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; gross negligence (faute lourde) or wilful misconduct (dol); your obligation to pay fees; your infringement of our intellectual property rights or use of the Service in breach of these Terms; or any liability that cannot be limited under applicable law.

Amendments

SAS The Jeffrey Company reserves the right to modify these Terms at any time without prior notice. By continuing to use the Service after any modifications are made, you agree to be bound by the revised Terms.

Modification of the Service

We can modify the Service, fully or partially, temporarily or permanently, without notice or liability to you. It can happen due to many reasons: expanding the Service, adding new functionality, maintaining the technical compatibility with the industry standards, or in order to meet updated regulatory requirements.

Affiliate Program

Logo Usage and Promotion

Governing Law and Jurisdiction

These Terms are governed by French law, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, except where mandatory law provides otherwise.

Force Majeure

Except for payments due under these Terms, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control, including, without limitation, acts of God (fire, storm, floods, earthquakes, etc.); civil disturbances; pandemic; disruption of telecommunications, power or other essential services; interruption or termination of service by any service providers used by BuddiesHR to host the Service or to link its servers to the Internet; labor disturbances; vandalism; cable cut; computer viruses or other similar occurrences; or any malicious or unlawful acts of any third party.