SaaS Terms and Conditions

Use of this Website

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Scope

These SaaS Terms and Conditions, the Terms, govern access to and use of the AQUATRACE software platform and related services provided by AQUATRACE SOFTWARE.

These Terms apply to customers acting in a professional or commercial capacity, the Customer.

By subscribing to or using AQUATRACE, the Customer agrees to these Terms.

Definitions

• AQUATRACE means the software-as-a-service platform operated by AQUATRACE SOFTWARE.
• Customer means the professional or commercial entity subscribing to the Service.
• User means an individual authorized by the Customer to access the Service.
• Customer Data means data submitted, uploaded or generated by the Customer through the Service.
• Service means the AQUATRACE SaaS services made available under the applicable subscription.
• Subscription means the paid subscription granting access to the Service.

SaaS Service

AQUATRACE is provided as a Software-as-a-Service solution.

The Customer receives a limited, non-exclusive, non-transferable and revocable right to access and use the Service during the applicable Subscription period.

The Subscription does not constitute a sale of the software, a transfer of ownership, a transfer of source code or a transfer of intellectual property rights.

Service Features

Depending on the applicable plan, AQUATRACE may provide features including:

• aquaculture traceability
• production management
• operational data recording
• batch management
• reporting
• dashboards
• monitoring
• data export
• user management
• audit trails
• notifications
• analytics

Features may vary according to the selected subscription plan.

Account and User Access

The Customer is responsible for maintaining accurate account information, protecting account credentials, controlling User access, ensuring that Users comply with these Terms and notifying AQUATRACE of unauthorized access.

Customer Data

The Customer retains ownership of Customer Data.

The Customer grants AQUATRACE a limited right to host, process, reproduce, transmit and otherwise use Customer Data to the extent necessary to provide, maintain, secure and support the Service.

AQUATRACE will not sell Customer Data.

Personal Data

Where AQUATRACE processes personal data on behalf of the Customer, the Customer acts as controller and AQUATRACE acts as processor.

The obligations of the parties are further described in the Data Processing Agreement, supplied with the Subscription.

Read the Privacy Policy.

Customer Responsibilities

The Customer is responsible for the legality and accuracy of Customer Data, obtaining required permissions and consents, determining appropriate retention periods, maintaining appropriate User access controls and ensuring compliance with applicable regulations.

Acceptable Use

The Customer shall not:

• use the Service for unlawful purposes;
• attempt to gain unauthorized access;
• interfere with the Service;
• introduce malicious code;
• reverse engineer the Service except where legally permitted;
• circumvent security mechanisms;
• resell the Service without authorization;
• use the Service to infringe third-party rights.

Hosting and Infrastructure

AQUATRACE may use third-party infrastructure, hosting and technology providers, including Hostinger or other providers selected by AQUATRACE.

Availability and Maintenance

AQUATRACE will use reasonable efforts to maintain the availability of the Service.

Applicable service levels and exclusions are described in the Service Level Agreement, supplied with the Subscription.

Updates and Changes

AQUATRACE may update, modify or improve the Service, including security updates, bug fixes, performance improvements, interface changes, new features and removal of obsolete features.

Subscription and Fees

The Customer shall pay the fees applicable to the selected Subscription plan.

Fees, billing frequency, taxes and payment conditions are specified during ordering or in the applicable commercial agreement.

Automatic Renewal

Unless otherwise agreed, subscriptions may automatically renew for the same subscription period.

Payment

Invoices must be paid within the applicable payment period.

Late payment may result in statutory interest, applicable recovery fees, suspension of the Service or termination in accordance with these Terms.

Suspension

AQUATRACE may suspend access where reasonably necessary due to non-payment, security risks, unlawful activity, serious breach, misuse of the Service or circumstances threatening the Service or other customers.

Termination

Either party may terminate the contractual relationship in accordance with the applicable Subscription terms.

AQUATRACE may terminate or suspend the Service for material breach if the breach is not remedied within a reasonable period after notice, unless immediate action is justified.

Customer Data Export

Subject to the applicable plan and technical capabilities, the Customer may request or perform an export of Customer Data during the Subscription period.

Following termination, AQUATRACE will retain or delete Customer Data in accordance with the applicable Data Processing Agreement and its documented retention procedures.

Backups

AQUATRACE may implement backup procedures designed to protect the Service and Customer Data.

The Customer remains responsible for maintaining appropriate independent copies of critical information where necessary.

Intellectual Property

All intellectual property rights relating to AQUATRACE, including software, source code, architecture, interfaces, databases, trademarks, logos, documentation and designs, remain owned by AQUATRACE SOFTWARE or its licensors.

Confidentiality

Each party shall protect confidential information received from the other party.

Operational Reports and Decisions

AQUATRACE provides tools for recording, monitoring, organizing and reporting operational information.

AQUATRACE does not guarantee that Customer Data is accurate, that reports are suitable for a specific regulatory requirement, that operational recommendations are appropriate, that the Service will prevent operational losses or that the Service will replace professional or regulatory judgment.

Warranties

AQUATRACE will provide the Service with reasonable care and skill.

Except where expressly provided by mandatory law, AQUATRACE does not guarantee that the Service will be completely uninterrupted, completely error-free, meet every specific business requirement or remain unchanged indefinitely.

Liability

To the maximum extent permitted by applicable law, AQUATRACE shall not be liable for indirect or consequential losses, including loss of profits, revenue, business opportunities, goodwill or indirect business interruption.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Any contractual liability cap shall be specified in the applicable commercial agreement or, where none exists, shall be limited to the fees paid by the Customer during the twelve months preceding the event giving rise to the claim, subject to applicable mandatory law.

Force Majeure

Neither party shall be liable for failure or delay caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government actions, telecommunications failures, major infrastructure failures, widespread cyber incidents, pandemics or failures of third-party infrastructure.

Changes to these Terms

AQUATRACE may update these Terms where reasonably necessary.

Material changes will be communicated through appropriate means where required.

Governing Law and Jurisdiction

These Terms and any agreement entered into between AQUATRACE SOFTWARE and the Customer shall be governed by and construed in accordance with the laws of France, excluding its conflict-of-law provisions.

For Customers acting in a professional or commercial capacity, any dispute arising out of or relating to these Terms, the Subscription, the Service, or any agreement between the parties shall be submitted exclusively to the jurisdiction of the Tribunal de commerce de Paris, France.

This jurisdiction clause is expressly agreed between professional parties and shall be interpreted in accordance with the applicable rules governing contractual jurisdiction.

Nothing in this clause shall prevent AQUATRACE SOFTWARE from seeking urgent, interim, protective or conservatory measures before any court having jurisdiction for such measures.

Entire Agreement

These Terms, together with the applicable Subscription, Data Processing Agreement, Service Level Agreement, order forms and other expressly incorporated contractual documents, constitute the agreement between AQUATRACE SOFTWARE and the Customer concerning the Service.

Contact

• General: contact@aquatrace-software.com
• Technical support: support@aquatrace-software.com
• Legal: legal@aquatrace-software.com
• Privacy: privacy@aquatrace-software.com