General terms of sale
Governing language
This is a courtesy translation. The contract is concluded under French law and the French version is the binding text. In the event of any discrepancy between the two, the French version prevails.
This document and those of each service
These terms set the framework common to the services published by ZephyrLab.io. Each service publishes, on its own domain, particular terms setting its price, its term and its exact scope. In the event of a discrepancy, the particular terms of the service concerned prevail over this document.
Contents
01Purpose and scope
These general terms of sale govern the supply, by Dimitry Petitprez EI, trading as ZephyrLab.io, SIREN 988 011 847, registered office 40A rue Centrale, 74940 Annecy, France (the « publisher »), of the online software services it publishes, to any person who subscribes to them (the « customer »).
They apply to the exclusion of any other terms, in particular those of the customer. They are available at all times on this site and prevail over any earlier version.
02Acceptance
Subscribing to a service constitutes full acceptance of these terms and of the particular terms of the service concerned. The customer acknowledges having read them before confirming the order.
03Services offered
The publisher supplies software services accessible through a web browser, with no physical delivery:
- Met2Pilot — in-flight weather situational awareness, met2pilot.com;
- Dictéo — personalised French spelling dictation, dicteo.net.
The essential characteristics of each service are described on its site. The customer is the sole judge of whether the service suits their need.
Limits specific to Met2Pilot
Met2Pilot is neither certified nor approved by any civil aviation authority. It does not constitute a primary source of information, replaces no official document, and must never be used for navigation, for separation or for avoidance. The service aggregates data from third-party providers over whose production, availability and accuracy it has no control.
04Prices
The prices that apply are those displayed on the service's site at the time of the order. They are expressed in euros.
As the publisher falls under the base exemption of article 293 B of the French General Tax Code, VAT is not applicable: the prices shown are net prices, with no tax to be added.
The publisher may change its prices at any time. The price applied to a subscription period already under way remains the one accepted on subscription. Any price change taking effect on renewal is notified to the customer before the renewal date, within the period set out in clause 6.
05Ordering and payment
Orders are placed online. An order is firm once payment is confirmed.
Payment is handled by Stripe Payments Europe, Ltd., a payment service provider. The publisher neither collects nor retains any card details: these are transmitted directly to the provider, on its own systems.
An invoice is made available to the customer electronically.
Should payment not be made when due, and after an unanswered reminder, access to the service may be suspended until the position is regularised.
06Term, renewal and termination
The subscription is taken out for the term stated in the particular terms of the service. It renews for an identical term unless terminated.
Pursuant to article L. 215-1 of the French Consumer Code, the publisher informs the consumer customer, in writing and no earlier than three months and no later than one month before the end of the term, of the option not to renew. If that information has not been sent within those time limits, the customer may terminate the subscription free of charge at any time from the renewal date.
The customer may terminate at any time from their account or by writing to support@zephyrlab.io. Termination takes effect at the end of the current period; the service remains accessible until then, with no pro-rata refund for the period begun, save as provided in clauses 7 and 8.
The publisher may terminate or suspend access in the event of a serious breach of these terms by the customer, after formal notice that has remained without effect for fifteen days, except where the breach makes continuation immediately impossible.
07Right of withdrawal
The consumer customer has fourteen days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons or bear any penalty, in accordance with articles L. 221-18 et seq. of the French Consumer Code.
Withdrawal is exercised by any unambiguous statement sent to support@zephyrlab.io, or using the model withdrawal form. Reimbursement is made no later than fourteen days after receipt of the request, by the same means of payment as that used for the order.
Performance before the end of the period
As the service is supplied online, the customer may request that its performance begin before the withdrawal period expires. In that case, and in accordance with article L. 221-25 of the French Consumer Code, the customer keeps the right of withdrawal but remains liable for an amount proportionate to the service supplied up to the point at which they communicated their decision.
Where the service is preceded by a free trial period, no sum is due in respect of that period, whenever withdrawal occurs.
08Legal guarantee of conformity
Under articles L. 224-25-12 et seq. of the French Consumer Code, the publisher is required to supply a digital service that conforms to the contract, and is answerable for any lack of conformity existing at the time of supply and appearing during its term.
In the event of a lack of conformity, the customer may obtain the service being brought into conformity at no cost and, if that is impossible or does not occur within a reasonable time, a reduction in price or rescission of the contract.
These legal guarantees apply independently of any commercial warranty that may be granted.
09Availability and changes to the service
The publisher uses reasonable means to keep the service accessible. It gives no service-level commitment unless the particular terms provide otherwise.
Access may be interrupted for maintenance or updates, or because of a failure of a third-party provider, a host or the network. Scheduled interruptions are announced where possible.
The service evolves: features may be added, changed or withdrawn. The withdrawal of a substantial feature is notified to the customer; if it significantly degrades the service subscribed to, the customer may terminate free of charge and obtain a pro-rata refund for the unexpired period.
Certain features are explicitly presented as experimental or as previews within the interface. They are supplied as they stand, and that description forms part of the contractual description of the service.
10Liability
The publisher is answerable for direct loss caused by a breach of its obligations, within the limits of applicable law. It cannot be held liable for indirect loss, nor for loss resulting from use of the service contrary to its intended purpose or to the warnings shown in the interface.
Nothing in these terms limits the publisher's liability in the event of wilful misconduct, gross negligence, or harm to life or physical integrity, nor in any case where the law prohibits such limitation. This clause does not deprive the consumer of the rights conferred by the legal guarantees.
It is for the customer to keep a copy of any content they produce using the service where that content is necessary to them.
11Personal data
The processing of personal data is described in the privacy policy published on each service's domain, and in the privacy policy of this site.
The rights conferred by Regulation (EU) 2016/679 may be exercised at support@zephyrlab.io.
12Changes to these terms
The publisher may amend these terms. The version applicable to an order is the one in force on the date of that order.
Any substantial change affecting a current subscription is notified to the customer at least thirty days before it takes effect. A customer who does not accept it may terminate free of charge until that date, and obtain a pro-rata refund for the unexpired period.
13Complaints, mediation, governing law
Any complaint should be addressed to support@zephyrlab.io, or by post to the publisher's registered office. A reply is given within a reasonable time.
Pursuant to articles L. 611-1 and R. 612-1 of the French Consumer Code, the consumer customer may, having first attempted direct resolution by written complaint, refer the matter free of charge to a consumer mediator. The contact details of the competent mediator are provided on request at support@zephyrlab.io and are restated in the particular terms of each service.
The European online dispute resolution platform is available at ec.europa.eu/consumers/odr.
These terms are governed by French law. Failing amicable resolution, the French courts have jurisdiction under the conditions of ordinary law. Consumers retain the benefit of the mandatory provisions of the law of their country of residence within the European Union.