General Terms and Conditions of Sale
La version française prévaut.
1. Purpose
These General Terms and Conditions of Sale define the conditions for subscribing to, paying for, and terminating Premium subscriptions offered by AviarySoft, published by Otteryx.
2. Plans and pricing
The available plans are:
| Plan | Description |
|---|---|
| Free | Access to the Service with feature limitations |
| Monthly Premium | Full access to the Service, billed monthly |
| Annual Premium | Full access to the Service, billed annually at a discounted rate |
Current prices are displayed within the Service prior to any subscription. Prices are quoted in euros, inclusive of all taxes.
Otteryx reserves the right to modify prices with 30 days' prior notice. The applicable prices are those in effect at the time of renewal.
3. Subscription and payment
Subscriptions are made directly from the AviarySoft application.
Payments are processed securely by Stripe, a PCI-DSS certified provider. Accepted payment methods: credit/debit card (Visa, Mastercard, American Express). Otteryx does not store any banking data.
Monthly subscription: billed on the first day of each billing period. Annual subscription: billed on the first day of each annual period. An electronic invoice is issued for each payment.
In the event of repeated payment failure, the Premium subscription will be suspended and the account will revert to the free plan. Data will be retained.
4. Right of withdrawal
In accordance with articles L.221-18 et seq. of the French Consumer Code, you have a right of withdrawal within 14 days from the date of subscription.
To exercise this right: send an email to contact{'@'}aviarysoft.com or use the cancellation form in the application settings.
In the event of withdrawal within the 14-day period, a refund will be issued within 14 days using the same payment method, covering the full amount paid.
If you use the Premium Service during the withdrawal period, you retain your right of withdrawal with a refund proportional to the unused duration.
5. Renewal and cancellation
Subscriptions are automatically renewed unless cancelled beforehand.
You may cancel at any time from the settings. Cancellation takes effect at the end of the current billing period. Your account will then revert to the free plan.
Otteryx may terminate the subscription in the event of a breach of the Terms of Use or fraud. No refund shall be due in such cases.
6. Warranties
The Premium Service is provided on a best-efforts basis. In accordance with articles L.224-25-12 et seq. of the French Consumer Code, the Service benefits from the statutory guarantee of conformity.
7. Liability
Otteryx's liability shall not exceed the total amount paid by the user over the preceding 12 months. Otteryx shall not be liable for indirect damages.
8. Mediation and disputes
For any complaint: contact{'@'}aviarysoft.com. Response within 30 days.
In accordance with articles L.612-1 et seq. of the French Consumer Code, you may have recourse free of charge to a consumer mediator. Mediator contact details: [To be completed].
European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
9. Governing law
These General Terms and Conditions of Sale are governed by French law. Failing amicable resolution, any dispute shall be subject to the exclusive jurisdiction of the courts of Périgueux, France.
10. Contact
For any questions regarding these General Terms and Conditions of Sale: