General Terms and Conditions of Sale and Use

These General Terms and Conditions of Sale and Use (the “Terms”) define the conditions under which CXPLY markets and provides its professional software solutions:

CXPLY is marketed by:

CXPLY TICKETING and CX SURVEY may be used separately or together.

When used together, they may in particular make it possible to measure a customer's satisfaction following an interaction managed in CXPLY TICKETING.

For example:

Customer interaction → Ticket → Processing → Closure → CX SURVEY survey → Response → Satisfaction analysis

The integration arrangements between the two solutions depend on the subscribed offering and the features available.

Where the Client chooses hosting or a database under its control, the Client is responsible in particular for:

Subscription to CXPLY may take place in particular through:

Subject to compliance with these Terms and payment of the amounts due, CXPLY grants the Client a right of use that is:

CXPLY and all elements making up its solutions remain the exclusive property of CXPLY or its licensors.

This includes in particular:

Unless CXPLY has given prior written authorisation or the law provides otherwise, the Client may not:

The Client remains the owner of, or holder of the applicable rights in, the data it enters into CXPLY.

CXPLY acquires no ownership rights in Client Data.

The Client authorises CXPLY to process such data only to the extent necessary to:

The Client is responsible for the data it enters into CXPLY.

In particular, the Client warrants that it:

Where CXPLY processes personal data on behalf of the Client, CXPLY generally acts as a processor.

The specific terms governing the processing of personal data are set out in the Data Processing Agreement (DPA).

The DPA forms an integral part of the contractual framework where its application is required.

Where CXPLY processes data for its own purposes, CXPLY acts as a controller in accordance with its Privacy Policy.

A Client using CX SURVEY determines in particular:

CX SURVEY may offer anonymous surveys.

When this feature is enabled, CXPLY implements the technical mechanisms provided for to limit the direct association between a response and the respondent's identity.

However, anonymity may depend on:

Certain features of CXPLY TICKETING and/or CX SURVEY may incorporate artificial intelligence technologies.

These features may in particular be used to:

CXPLY solutions may be integrated with third-party services.

These may in particular include:

Where APIs are made available, the Client is responsible for:

CXPLY uses reasonable efforts to ensure the availability of:

CXPLY may carry out maintenance operations in order to:

The level of support depends on the subscribed offering.

Support may include:

Where CXPLY hosts the data, the applicable backup mechanisms are those provided for in the architecture and subscribed offering.

Where data is hosted in the Client's infrastructure or in a database controlled by the Client, the Client is responsible for backups unless the contract expressly provides otherwise.

The prices applicable to CXPLY TICKETING and CX SURVEY are those stated in:

Billing may be:

In the event of late payment, CXPLY may apply the penalties provided for by applicable regulations and/or the contract.

After formal notice has remained without effect, CXPLY may suspend all or part of the services in accordance with the contractual terms.

Suspension does not deprive CXPLY of its right to claim amounts due.

CXPLY may temporarily suspend access to a solution in particular:

The contract may be terminated in accordance with the arrangements set out in the contract or order form.

CXPLY may in particular terminate the contract in the event of:

At the end of the contract:

Depending on the features available, CXPLY allows the export of the Client's main data.

This may in particular include:

At the end of the reversibility period, data may be deleted in accordance with the DPA and applicable retention policies.

Data contained in backups may be retained until the applicable technical backup cycles expire.

Each Party undertakes to preserve the confidentiality of confidential information received from the other Party.

This obligation covers in particular:

CXPLY implements technical and organisational measures appropriate to the nature of the services provided.

Security measures may in particular include:

The Client is responsible for:

CXPLY is responsible for providing the services in accordance with the applicable contract.

In particular, CXPLY does not guarantee:

To the extent permitted by applicable law, CXPLY's aggregate liability under the contract may be capped at the amount actually paid by the Client for the services concerned during the twelve (12) months preceding the event giving rise to liability.

This limitation does not apply where prohibited by applicable law, including in cases of intentional misconduct or where liability cannot legally be limited.

Neither Party may be held liable for a failure resulting from an event reasonably beyond its control, within the limits recognised by applicable law.

Such events may in particular include:

CXPLY may use service providers to provide certain services.

These providers may in particular be involved in:

As CXPLY may be used in different countries, certain data may be processed in jurisdictions different from that of the Client.

Where the GDPR applies, international transfers are governed in accordance with the mechanisms provided for by applicable regulations.

Depending on the Client's needs, CXPLY may offer architectures designed in particular to meet certain data localisation or data control requirements.

CXPLY is intended to be marketed internationally.

Depending on the location of the Client and the persons concerned, applicable regulations may in particular include:

Unless the Client objects, CXPLY may use the Client's name and logo as a commercial reference.

The Client may request removal of its name or logo.

Any publication of a detailed case study, testimonial or specific communication may be subject to prior agreement.

CXPLY may amend these Terms to take account of:

The applicable law is the law defined in the contract or order form entered into between CXPLY and the Client.

Mandatory provisions applicable to the Client, including those relating to data protection, contract law or consumer protection where applicable, remain applicable.

In the event of a dispute, the Parties undertake to seek an amicable solution as a priority.

If no amicable agreement is reached, the dispute will be submitted to the courts designated in the contract or order form.

This provision applies subject to any applicable mandatory rules.

These Terms must be read together with the documents applicable to the subscribed services:

Signing a contract, accepting a quotation or order form, subscribing online or using the CXPLY solutions constitutes acceptance of these General Terms and Conditions of Sale and Use.

CXPLY TICKETING and CX SURVEY are solutions marketed by CXPLY.

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