The purpose of the present General Conditions is to define the Conditions of Use and Sale of the Etadly website available at the address https://etadly.com
Etadly is published by:
Host: OVH – Head office: 2 rue Kellermann – 59100 Roubaix, France – Tel. +33 (0)8 99 70 17 61 – Website: https://www.ovh.com
The following are the definitions of words used in these Terms and Conditions, in the singular or plural:
If the Customer uses these General Conditions in one or more languages, the language of interpretation shall be French in the event of contradiction or dispute over the meaning of a term or provision.
The services offered by Etadly may evolve. This will necessarily lead to a modification of the present General Conditions. Etadly therefore reserves the right to modify these General Conditions at any time.
The Customer will be informed of these modifications by any appropriate means, at least fifteen (15) days before they come into force. The modified General Conditions will apply immediately to any User or Customer as soon as they are put online.
The Customer who does not accept the modifications must then delete his account without delay.
Any Customer who uses the Services after the entry into force of the modified General Terms and Conditions is deemed to have accepted these modifications which will be fully applicable to him.
The current T&Cs can be consulted at any time on the Site at https://etadly.com/terms and can be downloaded and printed.
Etadly allows you to create a private account for free without having to provide any means of payment. The information to be provided is necessary for the proper functioning of the Services.
In order to use the Services, the Client must register rental properties which will then be subject to inspection. Once again, the information registered is necessary for the proper functioning of the Services.
Etadly allows you to make a digital inventory of fixtures, available in PDF format, for individuals or professionals. This service simplifies the inventory of fixtures by taking photographs of all the desired elements visualized during the visit. The photos and comments are integrated into the PDF. After signing of the document by both parties, the inventory of fixtures is sent to them by email in PDF format.
The inventory of fixtures can be incoming or outgoing. Each inventory of fixtures includes by default the characteristics of the property to which it is attached.
The Site requires internet access at the time of the inventory (mobile data connection, wifi...). The minimum connection required is a 3G connection. During the use of the Site's functionalities, the costs generated by the consumption of mobile data are to be paid by the Client.
Photographs and signatures taken during the inventory of fixtures will be deleted after the PDF is generated and will only be retained on the inventory of fixtures in PDF format. The generated PDF is encrypted using a randomly generated password. Neither Etadly nor the Client is therefore able to decrypt it.
The User can create a company on the platform by providing the required information, such as the name of the company, the SIREN. The creation of the company is subject to validation by the administrators of the Site. The User will be notified by email once the company has been validated and will then be able to start using the services associated with it.
Once the company has been created, the User who registered it becomes the manager of that company by default. It may designate other Users as co-responsible. They will have the same rights as the original manager, including the ability to add or remove teams and manage other managers. It is also possible to remove a manager, but you should always maintain at least one manager per company.
Managers can create teams within their company. Each team can have members, credits, and assets attached to it. A team's credits are used for the creation of inventories. If a team is deleted, all associated credits and assets will be forfeited.
Managers and authorized members can invite new members to join the team. Invitations are managed by email and must be accepted for the invitation to be effective. Managers have the ability to revoke members and cancel invitations in progress.
A history of team activities is kept and can include events such as team creation, addition of members, and changes to team assets. Team members have access to this history based on their permissions.
Users are responsible for the veracity of the information provided when creating a company and teams. They also need to appropriately manage their team members' access rights, as well as the use of credits and asset management.
To benefit from the Services, all Users must open an Account and provide a valid email address and a strong password. He must then validate his email address by means of a unique link and fill in all other information necessary for the proper functioning of the Services: Name, First Name, Address or registered office to be displayed in the inventory of fixture and default currency.
The Customer guarantees that the information provided on the said Account is accurate and that it is not misleading. The User undertakes to modify the said information without delay in the event of a change to it.
The opening of an account is subject to the full and complete acceptance of the present General Conditions represented by a box to be ticked during the registration. By doing so, the User certifies that he/she fully accepts these General Conditions.
Only one Account may be created by the Client. The person whose personal information corresponds to that provided on the registration form, to the exclusion of any other third party, is considered to be a Client of the Services.
The Customer therefore undertakes to use the Services personally, and not to allow any third party to use them in his place or on his own behalf, including another Customer or User of the Services, unless he bears full responsibility for them.
The Customer is also responsible for maintaining the confidentiality of his login and password, and expressly acknowledges that any use of the Services from his Account will be deemed to have been made by him.
In the event that the Customer notices that his Account is or has been used without his knowledge, he undertakes to inform Etadly as soon as possible, at the address indicated in the article "Company and hosting".
The User agrees to create only one Account, and Etadly reserves the right, if necessary, to delete any additional account created by the same Customer and/or to merge the additional Accounts to avoid any accumulation. The Customer also acknowledges being informed that in the event that Etadly decides to suspend or close its Account, the Customer will no longer be able to create a new Account on the Site, and this is without any time limit. Etadly reserves the right to delete any new Account created by a Customer whose previous Account has been deleted by decision of Etadly.
The Customer chooses his password freely when creating his personal account. He must not, under any circumstances, transmit his password to a third party.
The Customer must have the legal capacity to use the services offered by Etadly.
The Customer has the ability to update his email address. He is solely responsible for the use of this feature. In case of an erroneous or unusable address, he would be unable to update his password in case of forgetfulness (and therefore to recover his account).
The Customer must meet the following minimum technical requirements: an iOS or Android device (with a working Wi-Fi or 3G connection) with 4GB of RAM with iOS 14 or Android 10 operating system respectively and a regularly updated browser (chrome or safari).
The signatories of the inventory of fixtures shall expressly agree at the time of signature that they have carefully and conscientiously examined the condition of the property in question in a sufficiently well-lit place. The signatories will then expressly acknowledge that the condition of the property is accurately described through the photos taken and any comments added, and that the inventory of fixtures has been made in a fair manner and not diverted from the use for which it is intended.
Although encrypted, the PDF is not forgery-proof (it can be copied in particular). In the event of a problem, the authentic PDF will probably be the one received in the email inbox of the signatories (owner, tenant or their representatives). Also, the document sent must imperatively be kept by each party for evidentiary purposes. The Client undertakes to keep it in his e-mail inbox (in the event of a dispute with a tenant, a bailiff's report could then ensure the authenticity of the inventory of fixtures) and to ensure that the other party receives it correctly. If either party does not have an email address, the Client undertakes to send the inventory of fixtures to this address by any means he deems appropriate (e.g. sending a printed version by registered mail or hand delivery).
Before purchasing Credits, the Customer agrees to test the service on the test property assigned to him personally to verify the compatibility of his installation (hardware and network) with the Service.
Finally, the Customer also undertakes:
The Etadly website is available 24 hours a day, 7 days a week, except in cases of force majeure, as defined in article 1218 of the French Civil Code. Etadly cannot be held responsible for disruptions or failures of the Internet network or of the Customer's or User's telecommunication network, and more generally for any event originating from circumstances outside its control or resulting from force majeure.
The Site may be temporarily inaccessible in case of breakdown or maintenance work such as updates. Etadly cannot be held responsible for any damage that may result from such unavailability.
Etadly cannot be held responsible for the fact that one of the signatories does not acknowledge receipt of the inventory.
The inventory of fixtures is stored on the Site as an accessory. Etadly cannot be held responsible for the deletion of this or any other data from the Site. Important data such as the generated PDF are sent to the owner and the tenant after the signature of the document. Indeed, Etadly is not a storage service and the generated inventory of fixture could be deleted at any time without Etadly being held responsible.
A signed inventory of fixtures cannot be directly deleted. It is kept to display a functional link at the bottom of the PDF page. In the same way, a rental property for which an inventory of fixtures has been signed cannot be deleted. The only way to permanently delete this data is to completely delete your account. The inventories of fixtures carried out on the test property associated with each account are regularly and automatically deleted (whether or not they are signed). Etadly cannot be held responsible for the scheduled deletion of a test property or for the deletion of any data by the Client.
Etadly declines all responsibility in the event that the customer passes on his access codes to a third party.
Etadly declines all responsibility in the event of a dispute relating to an inventory of fixtures (and in particular between an owner and a tenant or between an owner and his agent). For example, Etadly cannot be held responsible for the legal incompatibility of the service provided with the legislation in force in the country of the Client or the property concerned by a possible dispute. Etadly cannot be held responsible for the inaccuracy or non-exhaustive nature of the observations made during an inventory of fixtures. The service is provided as is without any guarantee and accepted as such by the Client and the User.
The User or the Customer will be personally responsible for any action that he or she may bring before any court of law against another User for damages suffered as a result. All Users acknowledge that Etadly will only comply with any request for communication of data and/or information relating to another User if it is made in the required legal form.
Etadly applies a personal data protection policy (DCP), the characteristics of which are explained in the document entitled "Charter for the protection of personal data". This document is accessible on the home page of the Site and the User is expressly invited to read it before registering.
Etadly declares in particular that it complies with all the regulatory obligations incumbent on it in terms of personal data protection, in particular to guarantee the security and confidentiality of the data collected and processed.
Etadly shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Customer or the User may have access via the Site.
Etadly offers the customer technical assistance in French and English, accessible only by email to the contact information indicated in the article "Company and hosting" in case of difficulty encountered while using the Services.
The content of the Etadly website, and more particularly the texts, images, logos or videos, are protected by the Intellectual Property Code and are subject to copyright.
Credits for the pictograms go to Yseult de Saint Louvent - Freelance graphic designer in Lyon (https://www.yseultdesaintlouvent.com/).
Unless explicitly stated otherwise, any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is prohibited, except with prior written authorization.
The content of the Site may not be reproduced, represented, lent, exchanged or transferred in any way, not even partially, nor may it be extracted in whole or in part from data and/or transferred to another medium. Access to the service and the right of use granted to the Customer do not entail any transfer of rights of any kind whatsoever to the Customer
Any unauthorized use of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
The general terms and conditions of sale (hereinafter "GTC") are intended to govern the subscription to the Paid Services available on the Site. Subscribing to one or more Paid Services on the Site automatically implies the Customer's express and unreserved acceptance of the GTC.
The Customer can purchase Credits, the price of which is set at the time of the order at checkout. They are denominated in euros and include all taxes.
Etadly reserves the right to modify its prices at any time. However, it undertakes to invoice the Credits ordered at the prices indicated when the order is placed. An invoice is generated following the order. The invoice is available on the Client's account. The Credits are not valid for any period of time. Nevertheless, Etadly may notify customers 6 months before the suspension of the service.
In accordance with the article Obligations of Users and Customers, after testing the Service on the test property personally assigned to him to check the compatibility of his installation (hardware and network) with the Service, the Customer may purchase Credits.
Orders are paid for by credit card only. At the time of order registration, the Customer must pay 100% of the total amount of Credits requested.
Etadly does not store or process any banking data. It is the partner in charge of the payment who takes care of it: Stripe Ltd. Online payment by credit card is made through the company Stripe. The data recorded by the payment system of this company constitutes proof of the financial transactions carried out by credit card. Stripe does not transmit bank details to Etadly.
The Customer is bound by his order as soon as he clicks on "Pay" on the Stripe platform. The data recorded on Etadly's server constitutes proof of all transactions between Etadly and the Customer.
At the time of registration of the order, the Customer must (in the case of a digital good) waive his right of withdrawal. The Credits are delivered immediately to the Customer's Account (on the Website). Credits purchased on the Website are not refundable.
No discount will be granted for early payment.
In accordance with article L 441-10 of the French Commercial Code, Etadly specifies the interest rate of the late payment penalties payable on the day following the settlement date shown on the invoice, as well as the amount of the fixed compensation for collection costs due to the creditor in the event that the sums due are settled after this date.
This rate is the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
The late payment penalties shall be payable without the need for any reminder. The amount of the lump-sum compensation in question is fixed at the sum of 40 euros.
In the event that the collection costs exceed the amount of the fixed compensation for collection costs in the event of late payment, the creditor (Etadly) may request additional compensation upon justification.
The present General Conditions do not grant the User any intellectual property rights of any kind on the Site, as well as on all the texts, images, audio-visual contents and other contents, exploited by Etadly, including the present General Conditions, the brands, commercial names and logos, the software, structures, infrastructures and databases used by Etadly, which remain the exclusive, full and complete property of Etadly.
Etadly cannot be held responsible for the non-execution or a delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure is understood to be any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
In the event of a dispute with Etadly, the Customer has the right to have free recourse to a consumer mediator in accordance with the provisions of articles L.612-1 and following and R.152-1 and following of the Consumer Code.
A list of approved mediators is available on the Consumer Mediation website at the following address: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references
In addition, the Customer has the possibility to file a complaint via the Online Dispute Resolution Platform accessible through the link below: https://ec.europa.eu/consumers/odr/main/index.cfm
The present General Conditions are governed by French law. In the event of a dispute concerning the validity, interpretation and/or execution of these General Terms and Conditions, the parties agree that the courts of Versailles shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.