Terms and Conditions of Use and Service

1. CLAISY Profile

TRCKLY (“CLAISY”) is a single-member simplified joint-stock company registered with the Paris Trade and Companies Register (RCS) under No. 927 541 201, with its principal place of business located at 4 RUE DU RENDEZ-VOUS, 75012 PARIS.

You can contact CLAISY at the following email address: contact@claisy.com

2. Definitions

Terms beginning with a capital letter in these Terms and Conditions, whether used in the singular or plural, shall have the following meanings:

  • Goods: goods owned by the Customer, whether new or used, that make up the Package shipped to the Recipient specified by the Customer;
  • Delivery Receipt: a document issued by the carrier upon delivery of the package to the recipient;
  • Shipping Slip: a document issued by the Carrier for the shipment of the Parcel, containing all the recipient's information;
  • Damage: any destruction or total or partial deterioration of the Item that is visible from the outside, impairs the Item’s use—in accordance with the manufacturer’s specifications—and is caused by an accident during its transport by a Carrier ;
  • Client: means the professional who has subscribed to the Services;
  • Parcel: An item or a set of items, regardless of weight, dimensions, or volume, that constitutes a single, identifiable shipment upon delivery to Carrier, with the exception of pallets, which are not covered, as declared by the Customer on the Platform;
  • Account: a secure personal space created in the Customer’s name on the Platform upon completion of registration, allowing the Customer to access the Services using their login ID and password.
  • Pickup Date: the date on which the Parcel was first actually accepted by the Carrier, as evidenced by a computerized tracking event recorded in the Carrier information system and forwarded to the Platform, such as a drop-off scan or the very first time-stamped tracking event.
  • Parcel Declaration: a declaration by the Customer on the Platform regarding a one-way or return shipment, resulting in the assignment of a Parcel number;
  • Recipient: the person designated by the Customer and listed as the recipient of the Parcel on the Shipping Slip and the Delivery Receipt;
  • Sender: the person listed as the sender of the Parcel on the Shipping Slip and in the form completed by the Customer when subscribing to the Services;
  • Event: any single triggering event giving rise to Claims disputes involving multiple Parcels and stemming from the same cause, such as, but not limited to, a fire or disaster affecting a warehouse, an accident or crash involving the means of transport, theft or malicious acts, or a cyberattack. All losses, damage, or delays resulting from the same triggering event constitute a single Event, regardless of the number of Parcels, Customers, or Claims disputes involved.
  • Commercial Warranty: means the commercial warranty offered by CLAISY to the Customer for the Services in the event of a “ Dispute ” during transport;
  • Tracking Information: information provided by the Customer that is necessary for tracking the Package on the Platform, including the tracking number (a unique identifier assigned to the Parcel by the Carrier in the format required by the ) and any information required by the Carrier.
  • Dispute Transport (also referred to as “ Dispute ”): any event occurring during Transport that constitutes Theft or Breakage of the covered Property or Properties, excluding the risks and causes expressly excluded herein;
  • Delivery: physical handover of the Parcel to the recipient;
  • Platform: means the SaaS software solution and API developed by CLAISY and made available to the Customer for the performance of the Services;
  • Dispute Complaint: refers to the Customer’s report regarding a Dispute submitted via the form provided on the Platform;
  • Carrier Pickup: All Parcels  delivered to or picked up from Carrier by the same Carrier from the same location within the same thirty (30)-minute time slot.
  • Refund: a cash payment made to the Customer whose Parcel was subject to a Dispute;
  • Services: refers to all services provided by CLAISY through the Platform, including tracking, alerts, and the management of disputes related to shipped Parcels;
  • Transportation: transportation service provided by a Carrier in connection with a Parcel;
  • Carrier : any Carrier listed by CLAISY—whether air, land, sea, or river-based—that offers a package tracking service, including La Poste. Expressly excluded from this definition are on-demand delivery or courier services—in particular those provided by a driver or courier connected to the sender or recipient through a digital platform—as well as passenger transportation services, even if they occasionally transport a Parcel;
  • Theft: any disappearance or loss of a Parcel entrusted to Carrier.

3. Services Offered

CLAISY offers its customers tracking, alert, and management services for the Disputes associated with Parcels registered on the platform.

4. Information on the Terms and Conditions

Purpose of the Terms and Conditions

The General Terms and Conditions (the “General Terms and Conditions”) constitute the sole document governing the contractual relationship between CLAISY and the Customer and define:

  • the terms and conditions for using its Services,
  • the respective obligations of the parties.

Location of the Terms and Conditions

The Customer can find them via a direct link at the bottom of the Platform's page.

Terms and Conditions of Acceptance

The Customer accepts the Terms and Conditions by checking a box on the registration form. If the Customer does not accept all of the Terms and Conditions, the Customer cannot access the Services.

They may be supplemented by special terms and conditions, which, in the event of a conflict, shall take precedence over the General Terms and Conditions.

5. Terms of Access to the Services

(i) The Customer is:

  • a natural person with full legal capacity
  • or a legal entity acting through a natural person who has the authority or power of attorney required to enter into contracts on behalf of and for the account of the Client.

(ii) The Customer is a professional, defined as any natural or legal person acting for purposes related to their commercial, industrial, craft, professional, or agricultural activities, including when acting in the name of or on behalf of another professional.

6. Terms and Conditions for Accessing and Subscribing to the Services

In order to use the Services, the Customer must have computer equipment (a computer, smartphone, or tablet) and a high-speed Internet connection that allows access to the network.

The Services are optimized to run on recent versions of the leading web browsers on the market, including Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge.

The Services interface is designed to be responsive to ensure an optimized display and navigation experience on a computer.

It is the Customer’s responsibility to ensure that its own hardware and software are compatible and to update them regularly to ensure the proper functioning of the Services. All costs associated with accessing the Services (hardware, software, Internet subscriptions) are the sole responsibility of the Customer.

The Customer may access the Services:

  • by going directly to the Platform;
  • through an API that CLAISY makes available to the Customer and that the Customer must integrate into its IT system. The link to access the API and the related integration documentation are provided on the Platform.

To subscribe to the Services, the Customer must complete the form provided for this purpose on the Platform.

The Customer must provide CLAISY with all information marked as required, particularly with regard to statements made under the Commercial Warranty.

Registration automatically results in the opening of an Account in the Customer's name, which allows the Customer to access the Services using their login ID and password.

The Customer is solely responsible for his or her personal use of the Platform.

7. Description of Services

7.1. The Services

Before subscribing, the Customer acknowledges that he or she can review the characteristics of the Services and their limitations—particularly technical ones—on the Platform.

The Customer acknowledges that use of the Services requires an Internet connection and that the quality of the Services depends on that connection, for which CLAISY is not responsible.

The Services to which the Customer has subscribed are described on the Platform.

In particular, the Customer has access to the following Services:

7.1.1. Tracking and Alerts

The Customer has access to a dashboard that allows them to track the Package in real time and view any issues affecting (i) the delivery of the Parcel or (ii) the Item.

To do this, CLAISY generates alerts informing the Customer of the detected issue (for example: Delayed delivery / Parcel held up / Parcel held at customs / Failed delivery attempts) and specifying the steps to take.

Based on these alerts, the Customer may:

  • make this information available to the Recipient.
  • Please contact Carrier to resolve the issue, as CLAISY is not bound by any contract with the carriers.

7.1.2. Management of disputes

The Customer can report a Dispute on the Platform by filling out a Claim form at Dispute.

The user may, at his or her discretion, either complete the entire Claim form at Dispute or generate a link that allows the Recipient to submit the relevant information and documents directly to CLAISY via Dispute, including a report of theft or damage.

CLAISY reserves the right to offer any other Service.

Any request to change the subscribed Services must be made through a new subscription.

7.2. Supplemental Benefits

7.2.1. Maintenance

During the term of the Services, the Customer is entitled to maintenance, including corrective and upgrade maintenance. In this context, access to the Platform may be limited or suspended.

With regard to corrective maintenance, CLAISY makes every effort to provide the Customer with corrective maintenance to resolve any malfunctions or bugs identified on the Platform.

With regard to ongoing maintenance, the Customer shall receive ongoing maintenance for the duration of the Services, which CLAISY may perform automatically and without prior notice, and which includes improvements to the Platform’s features, the addition of new features, and/or technical installations used in connection with the Platform (intended to introduce minor or major enhancements).

7.2.2. Hosting

CLAISY provides, under a best-efforts obligation, hosting for the Platform, as well as for the data generated and/or entered by or on the Platform, on its own servers or through a professional hosting provider, and on servers located within the European Union.

7.2.3. Technical Assistance

If the Customer encounters any difficulties while using the Services, they may contact CLAISY using the contact information provided in the section titled “CLAISY Contact Information.”

Technical support is available Monday through Friday, excluding non-working days and holidays, from 10:00 a.m. to 6:00 p.m. Paris time (CET/CEST). Depending on the identified need, CLAISY will estimate the response time and keep the Customer informed.

8. Commercial Warranty for the Services

8.1. Description

The Commercial Warranty is an integral part of the tracking, alert, and disputes management services to which the Customer subscribes, and it serves as an extension of those services. It is not offered, subscribed to, or billed separately from these services.

In this context, in the event of a Dispute involving a Parcel that was properly declared on the Platform, CLAISY agrees, as a commercial guarantee and subject to the terms and limitations set forth in this article, to pay the Customer a Refund, up to the value of the Parcel as declared by the Customer in the Parcel Declaration.

The Commercial Warranty constitutes a direct contractual commitment by CLAISY to the Business Customer. It does not constitute an insurance contract within the meaning of the Insurance Code: the Customer is not considered an insured party in any capacity, does not purchase any policy, and does not pay any premiums, as the Commercial Warranty is included in the Services. Under the Commercial Warranty, CLAISY acts neither as an insurer nor as an insurance intermediary.

8.2. Proper Declaration of the Parcel on the Platform

Entitlement to the Commercial Guarantee is contingent upon the Customer providing, at the time of the Shipment Declaration, complete, accurate, and usable tracking information that allows for effective tracking of the shipment on the Platform, including, in particular:

  • the Parcel tracking number, in the exact format required by the relevant Carrier (length, alphanumeric structure, prefix if applicable);
  • For carriers that require this information—including, but not limited to, Royal Mail, Mondial Relay, DPD, and any other Carrier listed on the Platform whose requirements are specified in the Customer’s Account—the complete contact information of the Recipient required for delivery, including, but not limited to: last name, first name, complete mailing address, ZIP code, city, country, and cell phone number.

The Customer is solely responsible for verifying the tracking number format and the specific requirements for each Carrier prior to submitting the Parcel Declaration.

Any Parcel Declaration submitted with an invalid tracking number, incomplete recipient information, or unusable data will not be eligible for a refund, even if a Dispute is subsequently identified.

8.3. Scope of Coverage Under the Commercial Warranty

8.3.1. Excluded Property

The following items are, by their nature, excluded from the Commercial Warranty:

  • live animals;
  • goods transported under controlled temperature conditions (positive or negative);
  • manufacturing or production machinery;
  • goods transported in bulk by sea or inland waterways;
  • banknotes, coupons, securities, checks, and coins, excluding collectibles that are no longer legally accepted as a means of payment;
  • precious metals in their raw, unprocessed state
  • furs, hides, and leather in their raw or unprocessed state;
  • furniture or items being moved;
  • container bodies;
  • goods involved in "trading" and commercial transactions involving commodities;
  • goods classified as hazardous under applicable conventions, laws, or regulations;
  • firearms and air guns;
  • tobacco, cigarettes, alcohol;
  • non-commercial goods;
  • glass objects or works of art, porcelain, ceramics, earthenware, crystal, mirrors, vases, pottery, tableware, television or computer monitors; these items may no longer be considered excluded if the packaging of such Goods is approved in writing by CLAISY prior to the Pickup Date;
  • Items that are already broken, damaged, or weakened (unless CLAISY has given written consent).
  • Goods shipped by individuals.

Liquids (including, but not limited to: wines, champagnes, spirits, and perfumes) are excluded from coverage under the Commercial Warranty. Coverage for these items requires the signing of a specific amendment or prior written consent from CLAISY. The Customer is invited to contact CLAISY at the address listed in the “CLAISY Identification” section to determine the eligibility of their products.

8.3.2. Excluded Shipping Methods

Deliveries to TSA, Cedex, P.O. Box, CS, Libre Réponse, PO Box, and Poste Restante, or any other shipping service that does not offer online package tracking, are not covered. This includes, in particular, services provided by a driver or courier connected to the sender or recipient through a digital platform, as well as passenger transportation services, even if they occasionally transport a Parcel.

8.3.3. disputes Covered and Excluded Under the Commercial Warranty

The Commercial Warranty covers the following disputes : theft (total or partial) of the package or damage to the item(s) occurring during transit, excluding the events listed below.

The Commercial Warranty does not cover:

  • Rust and/or oxidation on Goods transported uncovered, defined as any corrosion resulting from a chemical reaction involving the components of the Goods and impairing the use and/or proper functioning of the Goods;
  • Functional failure of the Goods and malfunctions or disruptions of any Goods containing one or more mechanical, electromechanical, or electronic devices that are not the result of a clearly identifiable transportation-related event;
  • Depreciation;
  • Data loss from magnetic media;
  • Cosmetic damage—including scratches, scuffs, dents, and any other cosmetic damage or manufacturing defects that do not impair the item’s function or use—is excluded. However, an exception may be granted for certain specific categories of items, such as household appliances, bottles, works of art, or collectibles. For these items, Dispute ’s coverage is contingent upon the Customer’s ability to provide formal proof (such as dated photographs) that the damage was not present at the time of shipment and resulted exclusively from transportation. Any doubt regarding the item’s original condition will result in a denial of coverage.
  • Damage caused by use (used goods);
  • The Bien's breakdowns;
  • Missing or damaged Parcels that were received without a signature or with an invalid signature;
  • The risks of radioactive contamination, as well as chemical, biological, biochemical, and electromagnetic weapons;
  • Nuclear risks;
  • Cyber Risks;
  • Parcels bearing, on their visible exterior (including packaging, labels, and the delivery slip), an indication of value—that is, any statement or element that directly or indirectly identifies the nature, contents, or value of the Parcel, including:
    • the price or any amount;
    • the name or description of the item contained therein;
    • the sender's name, business name, brand, logo, email address, or website, provided that they make it possible to identify the nature of the content;
    • any description of the contents required by the Carrier, including as part of a customs declaration;
    • the product's original packaging when it is used as shipping packaging.
  • Shipped parcels with a value exceeding the reimbursement limits set out in Article 8.4
  • A clear error in the address (missing street number, incomplete first and/or last name, pseudonym used instead of first or last name, etc.).

The following exceptional circumstances are also excluded from the Commercial Warranty:

  • Confiscation, seizure, requisition, violation of a blockade, smuggling, provisional attachment, enforcement attachment, or other forms of attachment; CLAISY is also not liable for any security that may be provided to release the covered assets from such attachments;
  • Intentional or inexcusable misconduct on the part of the Client or any of its agents;
  • Worms and vermin, unless the contamination occurred during transport;
  • Effect of atmospheric temperature;
  • Road wear during use;
  • Absence, insufficiency, or unsuitability of the preparation, packaging, or packing of the Goods;
  • Acts of war or civil war and similar events, riots, civil unrest, acts of violence for political reasons, attacks or acts of terrorism, strikes, lockouts and labor disputes, expropriations or interventions equivalent to expropriation, seizures, confiscations, decrees, or various interventions by a higher authority, as well as damage resulting from natural disasters or nuclear energy;
  • Any Customer listed in any official, government, or law enforcement database of confirmed or suspected terrorists, any member of a terrorist organization, any drug trafficker, or anyone involved as a supplier in the illegal trade of nuclear, chemical, or biological weapons is always excluded from coverage under the Commercial Warranty.
  • Embargoes, captures, seizures, detentions, confiscations, restrictions, harassment, or imprisonments by any government or authority whatsoever;
  • Riots, popular uprisings, strikes, lockouts, and other similar events;
  • Piracy of a political nature or related to war;
  • Epidemics and pandemics;
  • Dispute commercial agreement between Carrier and the Customer and/or the warehouse responsible for storing eligible Parcels;
  • The exercise by the Carrier of its carrier’s lien, as provided for under the terms of Article L133-7 of the Commercial Code;
  • Carrier's withholding of eligible Parcels for any reason whatsoever, thereby preventing their delivery;
  • Any other specific exclusions related to retention and commercial disputes .

In addition to the general exclusions, financial losses resulting from the failure to deliver the Parcel are expressly excluded from the Commercial Warranty and will not give rise to any Refund when such failure to deliver is due to:

  • Upon a commercial Dispute ship between Carrier and the Customer and/or the warehouse responsible for storing the relevant Parcels;
  • Upon the exercise by the Carrier of its lien arising from the provisions of Article L133-7 of the Commercial Code;
  • If Carrier withholds the parcels in question for any reason whatsoever, thereby preventing their delivery

8.3.4. Territorial Exclusions

The following countries are explicitly excluded from transportation (whether they are the point of origin or the destination of the Parcels):

  • (i) subject to an embargo;
  • (ii) for which the application of the Commercial Warranty would expose CLAISY to a sanction, prohibition, or restriction resulting from a resolution of the United Nations, and/or to economic or trade sanctions provided for by laws or regulations enacted by the European Union, France, the United States of America, or any other applicable national law providing for such measures;
  • (iii) in a situation of war or in a war zone, including, but not limited to, areas classified as “Strongly discouraged” and “Discouraged unless there is a compelling reason” by the Ministry for Europe and Foreign Affairs on the website https://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs.

8.4. Reimbursement Limits

Unless CLAISY has given prior written consent, the amount of the Refund is capped as follows:

  • 20,000 € (twenty thousand euros) per package (unless Claisy has given prior written consent to increase this amount to up to 100,000 € (one hundred thousand euros) per Parcel) and
  • 50,000 € (fifty thousand euros) per withdrawal Carrier (unless Claisy provides prior written consent, in which case it may increase this amount in accordance with the Client’s needs)
  • €100,000 (one hundred thousand euros) per Event, covering all Customers and all Parcels combined (unless Claisy provides prior written consent, in which case Claisy may set a specific limit per Event for its Customer)

When the limit threshold is reached—whether through a courier withdrawal or an “Event”—the Refunds due for each of the affected Parcels are reduced in proportion to the Refund amount that would have been due for each of them had this limit not occurred.

Notwithstanding Section 8.7.3, when a Claim Dispute is likely to be related to an Event, CLAISY may defer payment of the corresponding Reimbursements until all Claims disputes related to that Event have been received and processed.

The Reimbursement does not cover damages resulting from a “ Dispute ” or indirect damages (such as loss of business, loss of profits, loss of use, etc.).

8.5. Duration of Coverage

The Commercial Warranty covers disputes related to the applicable Parcel that occur from the Pickup Date of said Package until the time of Delivery upon the Recipient’s signature on the Delivery Receipt, or in any event upon the expiration of a period of 30 (thirty) calendar days from the Pickup Date, regardless of the mode of transportation.

If the Package is returned by the Recipient to the Customer, the Commercial Warranty covers the return shipping of the Parcel, provided that:

  • (i) the return shipment was the subject of a separate Parcel Declaration, under its own parcel number, prior to pickup, and the outbound shipment itself had been properly declared and insured;
  • (ii) The return shipment is picked up within 30 (thirty) calendar days from the initial Pickup Date;
  • (iii) The Item(s) being returned were photographed by the Recipient before and after packaging, as were the Parcel and the shipping label;
  • (iv) The return shipment is made in accordance with the Customer’s general terms and conditions for returns;
  • (v) The Item(s) must, at the time of return, be in good condition and packaged in accordance with the requirements set forth below in the section titled “Conditions to Be Met by the Customer.”

The Return Shipment so declared constitutes a separate Parcel, covered under the terms, limits, and for the duration set forth in this article, effective as of its own Pickup Date.

8.6. Conditions to Be Met by the Customer

The Commercial Warranty is suspended as soon as the Customer fails to meet any one of the following cumulative requirements:

8.6.1. Requirement Regarding Delivery of the Parcel to the Carrier

It is the Customer’s responsibility to ensure, prior to handing over the Parcel to Carrier, that the selected delivery method results in the generation of a digital tracking event that is recorded in Carrier ’s information system and transmitted to the Platform.

The Customer is advised that certain methods of delivering the Parcel to Carrier —in particular, dropping it off at a post office without a scanned receipt—do not meet this requirement.

8.6.2. Requirements for the Packaging of Goods

Requirements that apply when the Goods are delivered to a Carrier

The Goods must be shipped in containers that do not allow the contents to be detected by touch. The shipping label must be affixed to a rigid surface on the outside of the Parcel.

Items must be shipped in two layers of new, sturdy packaging:

  • The item must be packed in an outer container, such as a cardboard box, box, bubble wrap, or cardboard envelope;
  • This first package must then be placed inside a second, larger, rigid package, such as a second cardboard box.

The packaging or the shipping label must not contain any mention of value or any indication that could reveal the nature or value of the Goods on the outside of the Parcel. Examples include, but are not limited to, the name or description of the Goods, the name of a company, or a reference to a website or other entity that suggests the nature of the Goods.

The customs declaration is not considered an indication of value; it must be placed below the packing slip. Any inaccurate, false, or incomplete customs declaration regarding the nature or value of the package’s contents will result in the exclusion of the Parcel in question from the Commercial Warranty.

Special Rule Regarding Non-Durable Packaging

When flexible packaging is used in the Customer’s supply chain—such as bubble envelopes or thin cardboard envelopes—the Parcel will be eligible for the Commercial Warranty only subject to prior written approval from CLAISY, specifying the maximum possible Reimbursement amount.

In the event of an exceptional shipment in non-rigid packaging, the Customer must take photographs and/or videos of the packaging of the Item and provide them to CLAISY upon request if a claim is filed ( Dispute).

8.6.3. Requirements Regarding the Terms of Delivery of the Goods

Items valued at more than €1,000 (one thousand euros) must be shipped to the customer’s home address via “signature-upon-delivery” shipping, excluding pickup locations and lockers. Otherwise, CLAISY reserves the right not to provide a Commercial Warranty.

The shipping label must be securely attached to the Parcel and include all necessary information regarding the recipient, namely: last name, first name, full address (street name and number, ZIP code, city, destination country), and phone number.

If the Recipient or the Customer agrees with the Carrier to have the Parcel delivered without a signature—whether in their absence, by entrusting it to a third party, by placing it in their mailbox, or at any other location—the Parcel will no longer be covered by the Commercial Warranty.

8.6.4. Requirements Regarding the Declared Value of the Parcel

The Customer must declare the value of the Item(s) contained in the Parcel at the time of the Parcel Declaration. In the event of a Dispute, the Customer must prove this value by providing CLAISY with an invoice for the Item(s) dated within the last 2 (two) months from the Pickup Date.

8.7. Enforcement of the Commercial Warranty

8.7.1. Specific Obligations of the Client in the Event of Dispute

The Customer is hereby informed and expressly acknowledges that, in the event of Dispute, the Customer must:

  • take all necessary precautionary measures to protect the covered property and limit damage;
  • reserve all rights and remedies against the Carriers and/or any third party deemed liable;
  • In the event of breakage:
    • Ensure that the Recipient makes clear, precise, and meaningful reservations on the Delivery Slip and regarding the damage observed
    • Ensure that the Recipient takes a photo of the Parcel if it is received damaged or if any Item(s) are missing;
    • Ensure that the recipient keeps all packaging.
  • In the event of theft, file a report with the appropriate police authorities.

A Recipient who signs the Delivery Receipt without raising any objections to the representative of Carrier is deemed to have accepted the Goods as is and waives any subsequent claims.

8.7.2. Claim Dispute and supporting documents

The Customer must notify CLAISY in their Claim Dispute as soon as possible, specifically within 30 (thirty) calendar days following the Pickup Date or 3 days from the originally scheduled Delivery Date, provided that this period does not exceed the coverage period specified in the section titled “Coverage Period.” It is understood that the earlier of the two deadlines to expire shall be the effective deadline.

Dispute 's claim is accompanied by the following documents:

  • a copy of the Customer's identification document and/or Kbis extract, or the equivalent unique identification number used abroad;
  • an invoice for the Item(s) dated within the last 2 (two) months prior to the Pickup Date, substantiating the value of the Item(s), along with proof of payment (credit card receipt or copy of a bank transfer) confirming the transaction;
  • a photo of the Parcel received in damaged condition or with missing item(s);
  • In the event of theft: a copy of the police report ( Filing a police report ) filed with the appropriate law enforcement agency;
  • In the event of breakage: a repair estimate from a qualified professional, subject to CLAISY’s prior approval, followed by the corresponding paid invoice, if applicable.

Submitted files must be uncompressed originals, free of photo editing, retouching, metadata modifications, or the use of generative artificial intelligence. Otherwise, CLAISY may refuse to process the Claim Dispute.

For the purposes of investigating Dispute and combating fraud, CLAISY reserves the discretionary right to require the Customer to provide any additional documents deemed necessary. These documents may include, but are not limited to: customs documents (DAU, proof of export/import), proof of ownership, inventory records, or specific sworn statements. The Customer’s refusal or inability to provide these documents within the specified time frame may result in the closure of the Claim Dispute without a Refund.

In the event that tracking data is technically unavailable on the Platform for any reason whatsoever, the processing of a Claim Dispute will be contingent upon the Customer providing official proof of shipment and/or a detailed proof of delivery (POD) issued by Carrier, which must specify the date the relevant Parcel was accepted or picked up.

8.7.3. Processing and Reimbursement Times

CLAISY strives to respond to any complete Dispute complaint submitted within the specified time frame within 48 business hours.

If the claim at Dispute is accepted, CLAISY agrees to use its best efforts to issue the refund within 72 hours of CLAISY’s approval of the claim.

These timeframes are provided for informational purposes only and do not constitute a guarantee of results nor give rise to penalties in the event they are exceeded.

8.7.4. Closing Inactive Claims disputes

CLAISY reserves the right to close any Claim Dispute when all of the following conditions are met:

  • (i) the Claim Dispute has been open for at least six (6) months;
  • (ii) no activity by the Client has been recorded in the file for at least three (3) months, including no responses, submission of supporting documents, or requests for information;
  • (iii) CLAISY sent the Customer, in writing, a notice informing the Customer of the proposed termination, and this notice remained unanswered for a period of seven (7) calendar days from the date it was sent.

The case is then automatically closed, without any additional formalities, and the Claim Dispute is dismissed without further action, with no Refund due in connection therewith. The closure of the case shall not give rise to any refund or compensation, nor shall it give rise to any liability on the part of CLAISY.

8.8. Reimbursement Amount, Recourse, and Cumulative Amounts

Refunds for dispute are issued based on 100% of the value of the item(s) covered by said dispute, as reported to CLAISY at the time of the Parcel declaration, subject to the limits set forth in the section titled for "Refunds Limits".

For Parcels whose declared value is in a currency other than the euro, the exchange rate used to calculate the reimbursement will be the rate in effect on the date of the Parcel Declaration. CLAISY shall not be liable for any exchange rate fluctuations that occur between the date of the package declaration and the date of reimbursement.

If the Customer is subject to VAT, the refund amount will be based on the amount at Excluding VAT.

In the event that the Customer receives compensation or a refund from Carrier, such amount will be deducted from the refund issued by CLAISY. Thus, the Customer may not make a profit—that is, receive from Carrier and CLAISY more than the value of the Item(s) covered by the Commercial Warranty by combining any indemnity or compensation received from Carrier with the CLAISY Refund.

In the event that the Customer has received a refund from CLAISY due to the non-delivery of one or more Parcels, and the Parcel(s) are subsequently found, the Customer must provide a written commitment to accept the recovered Parcel(s) and reimburse CLAISY for the refund, except in cases of damage covered by the Commercial Warranty.

In exchange for the Refund paid by CLAISY, the Customer expressly assigns to CLAISY, up to the amount refunded, all of its rights and claims against the Carrier, or any liable third party, in accordance with Article 1346-1 of the Civil Code. The Customer shall refrain from any action that could prejudice this recourse and agrees to provide CLAISY, upon request, with any document necessary for its exercise.

8.9. Disposal of the Delivered Goods After a Refund

In the event that a Parcel is delivered late and a Refund (including in the event of loss of the Parcel) has been paid to the Customer prior to such delivery, CLAISY has the option, to be exercised in writing within 30 (thirty) days from the date it is notified, to:

  • (i) require delivery of the Package, in which case ownership of the Parcel shall be transferred to CLAISY on the date of notification of the option; or
  • (ii) require the Customer to repay the Refund that was paid.

If the option is not exercised within this time period, the Customer retains ownership of the Parcel and remains liable for the Refund paid. Under no circumstances does CLAISY automatically become the owner of a Parcel or an Item.

Consequently, CLAISY reserves the right to take steps to recover the Item from the Customer or to obtain reimbursement of the Refund amount by including it in the Customer’s next invoice.

9. Term of Subscription to the Services

The Customer subscribes to the Services for an indefinite period.

10. Financial Terms

10.1. Prices for Services

The prices for the Services subscribed to by the Customer are listed on the Platform and calculated based on the value of the Parcel, including tax.

If an exchange rate is applied, the currency conversion fees in effect on the date of payment shall be borne by the Customer. Where applicable, the Customer is solely responsible for paying all bank fees associated with the payment of the purchase price, with the exception of fees charged by CLAISY’s bank.

CLAISY is free to offer promotional deals or price reductions.

10.2. Activation Invoice

The effective activation of the Commercial Warranty and ongoing access to the Services are contingent upon full payment of the first invoice, issued following the first Parcel Declaration.

This activation invoice is payable within 48 hours of its issuance; if payment is not received within this time frame, CLAISY reserves the right to immediately suspend access to the Platform. No Commercial Warranty will apply to shipped parcels until this activation has been completed.

10.3. CLAISY's Billing and Payment Terms

Subject to payment of the activation invoice and the signing of a SEPA direct debit authorization (available in the Customer’s Account), CLAISY will send the Customer a monthly invoice by any appropriate means, detailing all charges for Services related to the Parcels reported during the period.

The fee is payable monthly, online, using any method listed on the Platform, within 8 days of the invoice date.

The Customer warrants to CLAISY that it has the necessary authorization to use this payment method.

10.4. Consequences of Late or Non-Payment

In the event of nonpayment or late payment, CLAISY reserves the right, as of the day following the due date indicated on the invoice, to:

  • (i) immediately suspend access to the Platform and the Services in progress until all amounts due have been paid in full;
  • (ii) prohibit any new Parcel Declaration;
  • (iii) suspend the processing of pending Dispute cases until the amounts owed have been paid in full;
  • (iv) suspend payment of any Refund;
  • (v) charge late payment interest equal to three times the statutory interest rate, calculated on the amount of any sums not paid by the due date, as well as a flat-rate compensation of 40 euros for collection costs, without prejudice to additional reimbursement if the collection costs actually incurred exceed that amount;
  • (vi) automatically terminate the contractual relationship with the Customer after a formal notice has remained unanswered for 8 days.

Entitlement to the Commercial Warranty is contingent upon actual payment for the invoiced Services: if payment is not made, the Disputes for the relevant Parcels  will not be eligible for a refund.

11. Intellectual Property Rights on the Platform

The Platform is the property of CLAISY, as are the software, infrastructure, databases, and content of any kind (text, images, graphics, music, logos, trademarks, etc.) that it operates. They are protected by all applicable intellectual property rights and database producer rights. The license granted by CLAISY to the Customer does not entail any transfer of ownership.

The Customer is granted a non-exclusive, personal, and non-transferable SaaS license to use the Platform for the term specified in the section titled “Term of Service Subscription.”

12. Business References

The parties may use their respective names, trademarks, and logos and refer to their respective platforms for promotional purposes during the term of their contractual relationship and for 3 years thereafter.

13. Client’s Obligations, Warranties, and Liability

13.1. Regarding the Provision of Information

The Customer agrees to provide CLAISY with all the information necessary for subscribing to and using the Services.

13.2. Regarding the Customer's Account

The Client:

  • (i) warrants that the information provided in the form is accurate and agrees to keep it up to date,
  • (ii) acknowledges that this information serves as proof of his or her identity and is binding upon him or her once validated,
  • (iii) is responsible for maintaining the confidentiality and security of their username and password. Any access to the Platform using these credentials is deemed to have been made by them.

The Customer must immediately contact CLAISY using the contact information provided in the section titled “CLAISY Identification” if the Customer discovers that his or her Account has been used without his or her knowledge. The Customer acknowledges that CLAISY shall have the right to take all appropriate measures in such cases.

13.3. Regarding the Use of the Services

The Customer is responsible for their use of the Services and for any information they share in connection therewith. The Customer agrees to use the Services personally and not to allow any third party to use them in their place or on their behalf.

The Customer shall not misuse the Services for purposes other than those for which they were designed, including, but not limited to:

  • (i) engage in illegal or fraudulent activity,
  • (ii) undermine public order and public morals,
  • (iii) harm third parties or infringe upon their rights in any way,
  • (iv) violate any contractual, statutory, or regulatory provision,
  • (v) engage in any activity that could interfere with a third party’s computer system, particularly for the purpose of compromising its integrity or security,
  • (vi) engage in activities intended to promote its services and/or websites or those of a third party,
  • (vii) assist or encourage a third party to commit one or more of the acts or activities listed above.

The Customer also agrees not to:

  • (i) copy, modify, or misappropriate any element owned by CLAISY or any concept it uses in connection with the Services,
  • (ii) engage in any conduct that could interfere with or hijack CLAISY’s computer systems or compromise its IT security measures,
  • (iii) infringe upon CLAISY’s financial, commercial, or moral rights and interests,
  • (iv) market, transfer, or provide access in any way whatsoever to the Services, the information hosted on the Platform, or any material belonging to CLAISY.

The Customer shall indemnify CLAISY against any claim and/or action that may be brought against it as a result of a breach of any of the Customer’s obligations. The Customer shall compensate CLAISY for any damages incurred and reimburse it for all amounts it may be required to pay as a result.

In addition, the Customer is hereby informed and expressly acknowledges that use of the Services is subject to compliance with the following conditions:

  • (i) The Customer is the owner of each Parcel;
  • (ii) The Recipient is a natural person or legal entity other than the Customer;
  • (iii) The parcel is addressed to a mailing address;
  • (iv) The Parcel is a product that the Customer typically sells as part of its business;
  • (v) The Parcel Declaration must be submitted within 24 hours of the Parcel’s delivery to Carrier or, in the case of a shipment completed in less than 24 hours, before the Parcel is delivered to Carrier. Any declaration submitted after the deadline will result in the exclusion of the Parcel in question from the Commercial Guarantee.

14. CLAISY's Obligations

CLAISY undertakes to provide the Services with due diligence, it being understood that it is bound by an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and accepts.

CLAISY is committed to complying with applicable regulations.

14.1. Regarding the Quality of the Services

CLAISY makes every effort to provide the Customer with high-quality services.

To this end, it regularly conducts checks to verify the operation and accessibility of its Services and may thus perform maintenance under the conditions specified in the “Maintenance” section.

However, CLAISY is not liable for any temporary difficulties or inability to access its Services resulting from:

  • (i) circumstances outside its network (including, in particular, a partial or total failure of the Customer’s servers),
  • (ii) the failure of equipment, wiring, services, or networks that are not included in its Services or that are not under its responsibility,
  • (iii) interruption of the Services due to telecommunications carriers or Internet service providers,
  • (iv) the Customer's actions, including, but not limited to, an incorrect configuration applied to the Services,
  • (v) a case of force majeure.

CLAISY is responsible for the operation of its servers, the outer boundaries of which are defined by the connection points.

Furthermore, it does not guarantee that the Services:

  • (i) subject to ongoing research aimed, in particular, at improving their performance and advancing their development, shall be completely free of errors, defects, or flaws,
  • (ii) Although these are standard offerings and are not tailored to the Customer’s specific circumstances, they will specifically meet the Customer’s needs and expectations.

In addition, CLAISY shall not be held liable for:

  • in the event that the tracking information provided by the Customer at the time of the parcel declaration is inaccurate
  • in the event of a delay in updating, inaccuracy, or unavailability of the data transmitted by the Carriers and originating from their information systems, nor for any consequences such errors may have on the time limits for the Customer’s Claim Dispute. The Customer must ensure that the tracking information provided by Carrier is correct and up-to-date. In this regard, the Customer acknowledges that alerts do not constitute any form of proof of a claim.

14.2. Regarding the Platform's Service Level Agreement

CLAISY makes every effort to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of scheduled maintenance under the conditions set forth in the “Maintenance” section or in the event of force majeure.

14.3. Regarding Data Backups on the Platform

CLAISY makes every effort to safeguard all data generated and/or entered by or on the Platform.

Unless CLAISY is proven to be at fault, it is not liable for any loss of data that occurs during maintenance operations.

14.4. Regarding Data Storage and Security

CLAISY provides sufficient storage capacity for the operation of the Services.

CLAISY makes every effort to ensure data security by implementing measures to protect its infrastructure and Platform, detect and prevent malicious acts, and recover data.

14.5. Regarding the Use of Subcontractors and the Transfer of Business

CLAISY may engage subcontractors to perform the Services; such subcontractors are subject to the same obligations as CLAISY with respect to their work. CLAISY, however, remains solely responsible to the Client for the proper performance of the Services.

CLAISY may be replaced by any person who is subrogated to all of its rights and obligations under its contractual relationship with the Customer, particularly in the event of a merger, acquisition, sale, or transfer of CLAISY’s business to another legal entity. In such cases, CLAISY will notify the Customer of this replacement in writing.

15. Limitation of CLAISY's Liability

CLAISY's liability is limited solely to proven direct damages incurred by the Customer as a result of using the Services.

Except in cases of bodily injury, death, or gross negligence, and provided that a claim has been filed by certified mail with return receipt requested within one month of the occurrence of the damage, CLAISY’s liability shall not exceed the amounts it received during the 6 months preceding the event giving rise to liability or the duration of the provision of its Services, whichever is shorter.

This limitation does not apply to the Refund due under the Commercial Warranty, which is governed by the specific caps set forth in the section titled “ Limits for Refunds.”

16. Admissible Forms of Evidence

Evidence may be established by any means.

The Customer is hereby informed that messages exchanged through the Platform, as well as data collected on the Platform and on CLAISY’s computer systems, constitute admissible evidence, in particular to demonstrate that the Services were actually performed and to verify the calculation of their price.

17. Procedures for Processing Personal Data

17.1. General Provisions

The parties agree, each within its respective scope, to comply with all legal and regulatory obligations applicable to them regarding the protection of personal data, including Law No. 78-17 of January 6, 1978, as last amended, known as the French Data Protection Act, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (collectively, the “Applicable Regulations”).

To learn more about the processing activities carried out by CLAISY, the Customer is invited to review CLAISY’s privacy policy, which is available on the Platform.

17.2. Procedures for the Processing of Personal Data by CLAISY as a Data Processor

As part of the Services, CLAISY processes personal data on behalf of the Customer in its capacity as a data processor, while the Customer acts as the data controller within the meaning of the applicable regulations. The characteristics of the processing operations are described in Appendix 1 to these General Terms and Conditions.

17.2.1. Data Processing

CLAISY agrees to process personal data only for the purposes listed in Appendix 1 and in accordance with the Client’s documented instructions, including with respect to the transfer of data outside the European Union. CLAISY agrees to notify the Client if, in its opinion, an instruction constitutes a violation of applicable regulations. CLAISY reserves the right to suspend processing until the Client amends the instruction in question so that it no longer violates the applicable regulations, without incurring any contractual liability as a result of such suspension. This suspension shall not give rise to any refund of the price of the Services for the period of suspension. If the Client does not amend but maintains the instruction in question, CLAISY reserves the right to terminate the Services immediately and without charge.

Furthermore, if CLAISY is required to transfer data to a third country or an international organization under the law applicable to the General Terms and Conditions, it must inform the Customer of this legal obligation prior to processing, unless the applicable law prohibits such notification for compelling reasons of public interest.

17.2.2. Data Security and Privacy

Taking into account the current state of knowledge, the costs of implementation, and the nature, scope, context, and purposes of the processing, as well as the risks—whose likelihood and severity vary—to the rights and freedoms of individuals, CLAISY implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including, as necessary:

  • (a) the pseudonymization and encryption of personal data;
  • (b) measures to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
  • (c) measures to restore the availability of and access to personal data within a reasonable timeframe in the event of a physical or technical incident;
  • (d) a procedure to regularly test, analyze, and evaluate the effectiveness of technical and organizational measures to ensure the security of processing.

17.2.3. Other subcontractors

CLAISY is authorized to engage the subcontractors (the “Subsequent Subprocessors”) listed in Appendix 1 of the General Terms and Conditions to carry out specific processing activities. In the event of a change to the list of authorized Subsequent Subprocessors, CLAISY will notify the Client in advance and in writing. This notification must clearly specify the outsourced processing activities, as well as the identity and contact information of the Subsequent Subprocessor. The Client has 15 days from the date of receipt of this notification to raise legitimate and substantiated objections. If no objections are raised within this period, the Client shall be deemed to have accepted the use of the Subsequent Subprocessor. In the event of persistent objections by the Client, the parties shall meet in good faith and use their best efforts to discuss a termination. CLAISY may choose to (i) not use the sub-processor or (ii) take the corrective measures requested by the Client in connection with the objections raised and proceed with using the sub-processor. If neither option is reasonably feasible, and if CLAISY cannot, for legitimate reasons, use another subcontractor for the intended processing, either party may terminate the Services upon 30 days’ notice.

The Sub-processor is required to comply with the obligations set forth in these General Terms and Conditions on behalf of and in accordance with the Client’s instructions. It is CLAISY’s responsibility to ensure that the Sub-processor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the applicable regulations. If the Sub-processor fails to fulfill its data protection obligations, CLAISY remains fully liable to the Client for the Sub-processor’s performance of its obligations.

17.2.4. Transfer of Personal Data Outside the European Union

CLAISY is authorized to transfer personal data processed in connection with the Services to countries outside the European Union, provided that appropriate safeguards are in place as defined in Chapter V of the GDPR.

17.2.5. Assistance and Provision of Information

CLAISY is committed to:

  • assist the Client and respond as promptly as possible to any request for information submitted to it by the Client, whether in connection with an impact assessment or a request submitted by data protection authorities or the Client’s data protection officer;
  • To the extent possible, assist the Client in fulfilling its obligation to respond to requests submitted by data subjects seeking to exercise their rights under applicable regulations. When requests are sent directly to CLAISY, CLAISY shall (i) forward such requests to the Client as soon as possible via email to the address provided by the Client, and (ii) acknowledge receipt of the requests, informing the data subjects that the requests have been forwarded to the Client, as the data controller;
  • notify the Client as soon as possible after becoming aware of any breach of personal data related to the processing carried out in connection with the Services, and provide the Client with all relevant information and documentation regarding such breach.

17.2.6. Data Disposal

CLAISY agrees, at the Customer’s discretion, to delete the personal data upon completion of the Services or to return it to the Customer and not to retain any copies, unless required by applicable regulations. The Customer has one (1) month from the end of the Services to exercise this choice. After this period, CLAISY will delete all personal data.

17.2.7. Documentation

CLAISY shall provide the Customer, upon the Customer’s request, with all information and documents necessary to demonstrate compliance with its obligations and to facilitate the conduct of audits. The Customer may thus conduct audits once a year, at its own expense, to verify CLAISY’s compliance with the obligations set forth in this article. The Customer shall notify CLAISY of the audit at least two weeks in advance. The identity of the auditor must be mutually agreed upon by the parties. CLAISY specifically reserves the right to reject the selected auditor if he or she is affiliated with a competing company. The audit must be conducted during CLAISY’s business hours and in a manner that disrupts its operations as little as possible. The audit may not, in any way, compromise (i) the technical and organizational security measures implemented by CLAISY, (ii) the security and confidentiality of data belonging to CLAISY’s other clients, or (iii) the smooth operation and organization of CLAISY’s production. To the extent possible, the parties shall agree in advance on the scope of the audit. The audit report shall be sent to CLAISY to allow it to submit any comments or observations in writing, which shall be appended to the final version of the audit report. Each audit report shall be treated as confidential information.

17.2.8. Reuse of Data by CLAISY

The Customer hereby authorizes CLAISY to process the personal data collected in connection with the Services (including login and identification data) for the purpose of improving CLAISY’s Services, and in particular to compile statistics on how the Platform is used. In this context, CLAISY will act as a data controller within the meaning of applicable regulations and, as such, undertakes to comply with legal provisions regarding data protection in connection with the aforementioned processing activities.

17.2.9. The Customer’s Obligations to CLAISY

The Customer agrees to:

  • provide CLAISY with the personal data listed in Appendix 1, excluding any personal data that is irrelevant, disproportionate, or unnecessary, and excluding any “special category” data as defined by the applicable regulations, unless such processing is justified, with the Customer being responsible for establishing such justifications and for taking all appropriate measures—including prior notification, obtaining consent, and security measures—for such special categories of data;
  • collect, under its own responsibility, in a lawful, fair, and transparent manner, the personal data provided to CLAISY for the purpose of providing the Services, and, in particular, ensure that there is a legal basis for such collection and that the data subjects are provided with the required information;
  • maintain a record of processing activities and, more generally, comply with the principles set forth in the applicable regulations;
  • ensure, both prior to and throughout the entire duration of the processing, compliance with the obligations set forth in the applicable regulations.

18. Force Majeure

CLAISY shall not be liable for any failure or delay in the performance of its contractual obligations resulting from a force majeure event occurring during the term of its relationship with the Customer, as defined in Article 1218 of the Civil Code.

If CLAISY is prevented from fulfilling its obligations due to a force majeure event, it must notify the Customer by certified letter with return receipt requested. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable period of time once the force majeure event has ceased.

CLAISY remains obligated, however, to fulfill any obligations that are not affected by a force majeure event.

If this event of force majeure lasts for more than 30 business days, CLAISY may immediately terminate its contractual relationship with the Customer by any written means.

19. Suspension for Suspected Fraud

CLAISY reserves the right to temporarily suspend access to the Services and coverage of new Shipments in the event of a legitimate suspicion of fraud (risk of an unusual Dispute, inconsistencies in documentation, security alerts), while the necessary verifications are conducted.

This precautionary measure shall not give rise to any compensation for the Customer.

20. Sanctions and Embargo Clause

CLAISY shall not be bound by any warranty, shall not provide any service, and shall not be obligated to make any payment under these General Terms and Conditions, provided that the performance of such an obligation would subject it to a penalty, prohibition, or restriction resulting from a resolution of the United Nations and/or economic or trade sanctions provided for by laws or regulations enacted by the European Union, France, the United States of America, or any other applicable national law providing for such measures.

In such a case, CLAISY shall be automatically released from its obligations for the duration of the application of said measures, without this giving rise to any right to a refund on the part of the Customer.

21. Termination of Services

The Customer may unsubscribe from the Services by submitting a request to CLAISY through their Account.

CLAISY may terminate the Services by sending a notice of termination to the Customer.

Termination takes effect on the date of the Customer’s request or the date of the termination notice sent by CLAISY. As an exception, if one or more Parcels are in transit on that date, termination is deferred until delivery of the last Parcel in transit is confirmed, provided that this period does not exceed 30 (thirty) calendar days from the date of termination, corresponding to the maximum coverage period specified in the section titled “Duration of Coverage.”

Effective as of the termination date, and regardless of the actual date on which the Services end, the Customer may no longer submit any new Parcel Declarations. Any Parcel Declaration submitted after the termination date is null and void and does not entitle the Customer to any benefits under the Services or the Commercial Warranty, even if the Parcel in question was delivered to Carrier prior to that date.

The Customer will no longer have access to their account as of the termination of the Services.

CLAISY may delete any Account if it has remained inactive for a continuous period of more than 24 months.

22. Penalties for Noncompliance

The following constitute essential obligations with respect to the Client (the “Essential Obligations”):

  • (i) payment of the price,
  • (ii) not to provide CLAISY with false or incomplete information,
  • (iii) not to use the Services on behalf of a third party or for unlawful purposes,
  • (iv) not to resell, sublicense, or rebill the Services, unless prior written consent has been obtained,
  • (v) not to present the Commercial Warranty as a service provided directly by CLAISY,
  • (vi) if the Parcel is ultimately delivered late, reimburse CLAISY for the Refund amount or return the Parcel to CLAISY when CLAISY has exercised the option provided for in the section titled “Disposition of the Delivered Item Following a Refund”;
  • (vii) not to engage in any illegal or fraudulent activities, or any activities that infringe upon the rights or security of third parties, disrupt public order, or violate applicable laws and regulations.

In the event of a breach of any of these Essential Obligations, CLAISY may:

  • (viii) suspend or terminate the Customer's access to the Services,
  • (ix) notify any competent authority, cooperate with it, and provide it with all information relevant to the investigation and prosecution of illegal or illicit activities,
  • (x) take any legal action.

These penalties are without prejudice to any damages that CLAISY may claim from the Customer.

In the event of a breach of any obligation other than an Essential Obligation, CLAISY will request, in writing by any appropriate means, that the Customer remedy the breach within a maximum of 15 calendar days. The Services will terminate at the end of this period if the breach has not been remedied.

Termination of the Services results in the deletion of the Customer's Account.

23. Changes to the Terms and Conditions

CLAISY may amend its Terms and Conditions at any time and will notify the Customer in writing (including by email) at least 15 calendar days before they take effect.

The amended Terms and Conditions are effective as of their date of entry into force.

If the Customer does not accept these changes, the Customer must cancel the Services in accordance with the procedures set forth in the “Termination of Services” section.

If the Customer uses the Services after these amended Terms and Conditions take effect, CLAISY will consider that the Customer has accepted them.

24. Governing Law and Jurisdiction

The Terms and Conditions are governed by French law.

In the event of a Dispute between the Customer and CLAISY, and in the absence of an amicable settlement within two months of the initial notice, the matter shall be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by mandatory provisions.

Appendix 1: Personal Information

1. Description of the data processing carried out by CLAISY on behalf of the Client

  • Purposes of processing personal data: To make the Platform available and provide the Services
  • Nature of data processing operations: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or any other form of making available, alignment or combination, restriction, erasure, or destruction.
  • Types of personal data processed: Identification data: First name, Last name, Email address, Password, Mailing address
  • Categories of Data Subjects: Client employee data, Recipient data
  • Processing period: Contract term + 2 years

2. List of Authorized Subcontractors

Supabase Pte. Ltd. (Singapore)

  • Outsourced processing activities: Hosting the Claisy platform database (PostgreSQL), user authentication, executing server functions (Edge Functions), and storing shipping, order, and dispute
  • Location of processing: Data hosting: Frankfurt, Germany (EU). Occasional access from outside the EU is possible for support and maintenance (Supabase and its own subcontractors)
  • Appropriate safeguards for transfers outside the EU: European Commission Standard Contractual Clauses (Implementing Decision (EU) 2021/914), incorporated into the Supabase Data Processing Addendum

OVH SAS (OVHcloud), Roubaix, France

  • Outsourced processing activities: Hosting of the Claisy platform database (PostgreSQL), storage of shipping, order, and dispute
  • Treatment locations: Gravelines, France (EU)
  • Appropriate safeguards for transfers outside the EU: Not applicable: no transfers outside the EU

Weglot SAS, Paris, France

  • Outsourced processing activities: Translation of the platform interface and Claisy website content
  • Location of Data Processing: Servers located in the European Union. Weglot may use subcontractors located outside the EU, particularly in the United States.
  • Appropriate safeguards for transfers outside the EU: Transfer mechanisms provided for in Chapter V of the GDPR, implemented by Weglot with its processors located outside the EU (European Commission’s standard contractual clauses)

Google Cloud EMEA Limited (Ireland), Google Workspace

  • Outsourced processing activities: Business email (including contact@claisy.com), communications with customers and recipients in connection with the management of disputes, and document storage and sharing
  • Location of processing: Google data centers located in the EU and outside the EU, including in the United States
  • Appropriate safeguards for transfers outside the EU: Google’s Cloud Data Processing Addendum incorporating the European Commission’s Standard Contractual Clauses; Google LLC’s certification under the EU–U.S. Data Privacy Framework

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