General Terms of Sale

Purpose and scope

These General Terms and Conditions of Sale (hereinafter “Terms of Sale”) govern the contractual relationship between the company TechWatchAlert (hereinafter “the Provider”) and any natural or legal person (hereinafter the “Customer”) who subscribes to one of the subscriptions offered on techwatchalert.com or via the application app.techwatchalert.com.

These Terms of Sale apply to the exclusion of any other document, in particular the Customer's general terms of purchase. Any subscription constitutes full and complete acceptance of these Terms of Sale.

TechWatchAlert reserves the right to depart from certain provisions for Enterprise plans covered by a custom contract signed by both parties, which prevails over these Terms of Sale.

Definitions

• “Service”: the TechWatchAlert SaaS platform, including the dashboard, the CVE search engine, alerts, reports and related features.
• “Subscription”: the paid or free access plan subscribed to by the Customer.
• “Customer”: any natural or legal person who has taken out a Subscription.
• “Consumer”: a Customer who is a natural person acting for non-professional purposes within the meaning of the French Consumer Code.
• “Account”: the personal space created on the platform that gives access to the Service.
• “CVE”: Common Vulnerabilities and Exposures, the public vulnerability catalog indexed by the NVD and CISA.
• “Subscription Period”: the monthly or annual period for which the Customer subscribes to the Service.

Description of plans and pricing

TechWatchAlert offers the following plans, detailed at techwatchalert.com/pricing :

The Basic plan is free, with no commitment, and may be modified or discontinued with reasonable notice by email.

Subscription and formation of the contract

Subscription is made exclusively online via app.techwatchalert.com. The contract is formed on the date on which:

1. The Customer has created their Account and provided the required information;
2. The Customer has selected the desired plan and accepted these Terms of Sale;
3. Payment has been validated or, for the Basic plan, on the date the Account is activated.

A confirmation email is sent to the Customer's email address. This email constitutes proof of subscription. TechWatchAlert keeps a timestamped record of the acceptance of the Terms of Sale.

Prices, VAT and invoicing terms

Prices are stated exclusive of taxes (excl. VAT). Applicable VAT is added at the time of invoicing in accordance with the regulations in force. VAT territoriality rules apply to Customers established outside France.

Monthly: first payment upon subscription, then on each monthly anniversary date. Annual: single payment, renewed on the same date the following year.

Invoices are issued electronically and are available in the Account interface. Any price change is communicated by email at least 30 days before the effective date. The Customer may terminate at no cost before that date.

Payment and non-payment

Payment is made by bank card through a PCI-DSS certified payment provider. TechWatchAlert does not store any bank card data. If a payment fails, up to three new attempts are made automatically.

In the event of persistent non-payment:

• Suspension of access to the Service after notification by email;
• Termination of the Subscription if payment is not settled within 15 days ;
• For business customers: late-payment interest at the ECB rate plus 10 percentage points (Art. L.441-10 of the French Commercial Code) and a fixed recovery indemnity of €40 per unpaid invoice.

Term and renewal

The Subscription is taken out for a term of one month or one year, as chosen by the Customer. At the end of each Period, the Subscription is automatically renewed for the same term, unless terminated under the conditions of Article 8.

For annual subscriptions, a reminder email is sent at least 15 days before the renewal date. Plan changes apply from the next Period, unless otherwise agreed.

Termination

By the Customer: termination possible at any time from the Account or by email to [email protected]. Access is maintained until the end of the current Period, with no pro rata refund.

By TechWatchAlert: termination as of right with 30 days' notice in the event of a serious breach of the Terms of Sale/Terms of Use, unlawful use, or persistent non-payment. Where the Customer is not at fault, the amounts corresponding to the unused period are refunded.

Upon expiry, the Customer has 30 days to export their Data. After that, TechWatchAlert may delete the Data.

Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, a Consumer Customer has 14 calendar days from subscription to withdraw without giving any reason.

Exception (Art. L.221-28 12° of the French Consumer Code): by subscribing and requesting immediate access to the Service, the Customer expressly acknowledges waiving this right for digital content whose performance has begun with their express consent.

If the right of withdrawal is validly exercised before any access to the Service, TechWatchAlert refunds the amounts paid within 14 days using the same means of payment.

Obligations of TechWatchAlert

TechWatchAlert undertakes to:

• Provide the Service in accordance with the specifications of the subscribed plan;
• Ensure a target availability of 99.5% per month excluding scheduled maintenance;
• Inform the Customer of scheduled maintenance (generally 48 hours in advance);
• Secure the Data through encryption in transit and at rest, authentication and logging;
• Update CVE data from official sources (NVD, CISA KEV, CVEList);
• Respond to support requests within the timeframes associated with the subscribed plan.

TechWatchAlert is bound by an obligation of means (best-efforts obligation). CVE data from public third-party sources is not guaranteed to be exhaustive or perfectly accurate at all times.

Obligations of the Customer

The Customer undertakes to use the Service in accordance with the Terms of Use, to keep their login credentials confidential, to provide accurate information and keep it up to date, not to share their access with unauthorized third parties, and to pay the amounts due when they fall due.

The Customer is solely responsible for their use of the Service and for decisions made on the basis of the information provided.

Intellectual property

TechWatchAlert owns all intellectual property rights relating to the Service (source code, interface, trademarks, logos, data structuring). The subscription grants a personal, non-exclusive, non-transferable right of use, limited to the term of the Subscription.

Raw CVE data (NVD, CISA, CVEList) is public data subject to its own terms. The Customer retains full ownership of its data and of the configuration it enters in the Service.

Personal data and privacy

TechWatchAlert processes the Customer's personal data as data controller, in accordance with the GDPR and the French Data Protection Act (loi Informatique et Libertés). Legal bases: performance of the contract (Account management, alerts), legal obligation (invoicing), legitimate interest (improvement of the Service).

Rights may be exercised at [email protected]: access, rectification, erasure, portability, restriction, objection. A complaint may be lodged with the CNIL. Retention period: 3 years after the end of the contract, for evidentiary purposes.

Liability and limitation

TechWatchAlert cannot be held liable for: technical interruptions, inaccuracies in CVE data from third-party sources, decisions made by the Customer on the basis of the Service, non-compliant use, or force majeure events.

Financial cap: to the fullest extent permitted by law, TechWatchAlert's total liability is limited to the amounts paid by the Customer during the 12 months preceding the damage. This cap does not apply in the event of gross negligence or willful misconduct, nor to personal injury.

Force majeure

Neither party may be held liable for failure to perform its obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code (natural disasters, global network outages, massive cyberattacks, unforeseeable government decisions, etc.).

If the force majeure event continues beyond 30 days, either party may terminate without penalty, and the amounts corresponding to the unused period are refunded to the Customer.

Changes to the Terms of Sale

TechWatchAlert may amend these Terms of Sale, in particular to reflect changes in the Service or in regulations. Any substantial change is notified by email at least 30 days before its effective date.

Failure to terminate before that date constitutes tacit acceptance of the new Terms of Sale. The version in force is available at all times at techwatchalert.com/cgv/.

Consumer mediation

In accordance with Articles L.612-1 et seq. of the French Consumer Code, a Consumer Customer may use a consumer mediator free of charge. Before any referral, a prior written complaint must be sent to [email protected], with a response within 15 business days.

European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

Governing law and jurisdiction

These Terms of Sale are governed by French law. In the event of a dispute not resolved amicably within 30 days:

• Business customers: exclusive jurisdiction of the courts with authority over TechWatchAlert's registered office;
• Consumers: the court of the Customer's place of residence or as determined by the ordinary rules of law. Mandatory provisions of the country of residence remain applicable.

Contact details