{"id":4907,"date":"2025-01-20T12:38:40","date_gmt":"2025-01-20T11:38:40","guid":{"rendered":"https:\/\/www2.apex-timing.com\/wordpress\/?page_id=4907"},"modified":"2025-07-08T15:17:57","modified_gmt":"2025-07-08T13:17:57","slug":"cgum_en","status":"publish","type":"page","link":"https:\/\/www.apex-timing.com\/en\/cgum_en\/","title":{"rendered":"cgum_en"},"content":{"rendered":"\t\t
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General terms and conditions of \nsoftware use and maintenance<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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30\/06\/2025 edition<\/span><\/p>

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APEX TIMING SASU<\/span> [a simplified joint stock company with a sole shareholder] with authorised capital of \u20ac35,000, listed on the Annecy Trade and Companies Register under number 531 976 017, having its registered office at 11 route de La Salle Cran-Gevrier 74960 ANNECY (France), hereinafter the \u201cService Provider\u201d, publishes and markets software solutions for the management of multi-activity leisure centres and motor sports (karting), in the form of software licences installed on the customer’s information system, subject to these Service Provider’s General Terms and Conditions of Use and Maintenance (hereinafter the \u201cGTCUM\u201d). The Service Provider also provides maintenance services for said software solutions.<\/span><\/p>

The Service Provider markets and sells the hardware necessary to operate and manage karting centres, the sale of which is governed by a separate contract, the Service Provider’s General Terms and Conditions of Sale of IT hardware (hereinafter the \u201cGTCS”).<\/span><\/p>

After taking cognizance of its characteristics and ensuring the compatibility of the Software with its needs and IT infrastructure, the Customer wished to place an order for the Software, and, where applicable, additional maintenance and\/or services from the Service Provider according to the terms hereof and of the Quote. Signature of the Quote by the Customer implies unconditional acceptance of these GTCUM.<\/span><\/p>

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Article 1. Definitions<\/span><\/p>

The defined terms below have the meaning as given in the following definition:<\/span><\/p>

Commercial Offering:<\/span> all products and services offered by the Service Provider.<\/span><\/p>

Contract:<\/span> as formed collectively by the General Terms and Conditions of Use and Maintenance (GTCUM), the Quote and any appendices sent by the Service Provider, signed by the Customer and returned to the Service Provider, to the exclusion of any other document.<\/span><\/p>

Critical Defect:<\/span> any Defect making it impossible to use all or part of the Software\u2019s main functionalities with no possible work-around.<\/span><\/p>

Customer Site:<\/span> the place where the Customer’s track is located or the place where the Customer is authorised to use the Software.<\/span><\/p>

Customer:<\/span> any natural or legal person that has signed a Quote with the Service Provider based on the present terms and conditions.<\/span><\/p>

Customer\u2019s Priority Contact:<\/span> person designated by the Customer from among its staff having the necessary skills to centralise all information and questions and communicate with the Service Provider.<\/span><\/p>

Defect:<\/span> any malfunction affecting the Software that the Service Provider is able to reproduce, provided that it is not attributable to a case of exclusion from Maintenance.<\/span><\/p>

Documentation:<\/span>\u00a0the technical and informational documents relating to the Software (user manual, Specifications manual, installation manual) available to the Customer from the Software in the \u201cHelp \/ Customer Area\u201d section.<\/span><\/p>

Functional Specifications:<\/span> description of the Software sent to the Customer.<\/span><\/p>

Hotline Centre:<\/span>\u00a0call centre run by the Service Provider from which the services stipulated in the Contract are provided.<\/span><\/p>

Incident:<\/span> Software malfunction arising either from an error in use by the Customer or a Defect affecting the Software. The severity of the Incident is determined during the Support phase, as described in these terms and conditions.<\/span><\/p>

Information System:<\/span> means all of the Customer’s hardware, software and network resources, run under its own responsibility, on which the Software is installed, meeting the IT pre-requisites required of any Customer to use the Software, as specified in the Quote.<\/span><\/p>

Maintenance:<\/span> services and actions carried out by the Service Provider in respect of support and monitoring to assist the Customer in the correct use of the Software, and to correct and improve the Software.<\/span><\/p>

New Versions:<\/span> versions of the Software within which the functionalities have undergone substantial changes.<\/span><\/p>

Non-critical Defect:<\/span> any Defect whereby it is possible to continue to fully use all of the Software\u2019s functionalities and which does not equate to a Critical Defect or a Semi-critical Defect.<\/span><\/p>

Quote:<\/span> document issued by the Service Provider containing the special terms and conditions accepted by the Customer, namely the Software chosen, the associated Licence conditions, the Service Provider’s services (Maintenance or other additional Services), the pricing terms & conditions, etc.<\/span><\/p>

Remote Support:<\/span> remote connection by the Service Provider to the Software on the Customer Site over the internet by means of which a Defect can be detected and\/or corrected.<\/span><\/p>

Scope of use:<\/span> The Customer’s site(s) and number of licences granted to the Customer, as specified in the Quote.<\/span><\/p>

Semi-critical Defect:<\/span> any Defect causing limitations or restrictions in the use of the Software, without these disruptions or limitations being sufficient for the Defect to be classified as Critical.<\/span><\/p>

Services:<\/span> all the services included in the Service Provider’s Commercial Offering.<\/span><\/p>

Software:<\/span> refers to the software solution provided and installed on the Customer’s Information System, composed of modules developed by the Service Provider chosen by the Customer and designated in the Quote, intended for the business activities of sports event promoters and leisure centre operators and their contractors.<\/span><\/p>

Support Department:<\/span> the Service Provider’s support centre used to centralise all information and communicate with the Customer.<\/span><\/p>

Updates:<\/span> corrected versions characterised by an identity in terms of functionality.<\/span><\/p>

User Licence:<\/span> non-exclusive granting by the Service Provider to the Customer of the right to install and use the Software.<\/span><\/p>

Work-around Solution:<\/span> any unconventional procedure making it possible to use all the Software\u2019s functionalities despite the existence of a Defect.<\/span><\/p>

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Article 2. Object<\/span><\/p>

The present General Terms and Conditions of Use and Maintenance and their appendices (GTCUM) determine the terms and conditions applicable to the provision of the Software in the form of a Licence, and the Services ordered by the Customer.<\/span><\/p>

In the event that the Licence is accompanied by the sale of IT hardware by the Service Provider, signature of this Contract implies unconditional acceptance of the General Terms and Conditions of Sale (GTCS).<\/span><\/p>

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Article 3. Contractual documents<\/span><\/p>

The Contract constitutes the entire agreement between the Parties and supersedes all previous documents concluded between them on the same subject matter. The contractual documents are presented in hierarchical order of decreasing legal value:<\/span><\/p>

  1. The Quote signed by the Customer and received by the Service Provider;<\/span><\/p><\/li>

  2. These General Terms and Conditions of Use and Maintenance and their appendices (GTCUM);<\/span><\/p><\/li>

  3. Any appendices sent by the Service Provider.<\/span><\/p><\/li><\/ol>

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    The signature of the Quote by the Customer implies confirmation by the Customer of their cognizance and unconditional acceptance of these Service Provider\u2019s General Terms and Conditions of Use and Maintenance and their appendices (GTCUM).<\/span><\/p>

    In the event of contradiction, the higher ranking document takes precedence. The Service Provider may modify these GTCUM. The provisions for amendments as set out in Article 21.7 will then apply.<\/span><\/p>

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    Article 4. Duration<\/span><\/p>

    The Contract will enter into force on the date of receipt by the Service Provider of the Quote signed by the Customer, for the duration stipulated therein.<\/span><\/p>

    Unless otherwise stipulated in the Quote, at the end of the initial period, the Contract is tacitly renewed for successive periods of one (1) year unless terminated by one of the Parties by registered letter with acknowledgement of receipt at least three (3) months before expiry of the contract period running at the time.<\/span><\/p>

    Article 5. Quote<\/span><\/p>

    The Quote includes a description of (i) the Software, (ii) the Maintenance Services and any other Service ordered by the Customer and (iii) their prices. For Services, the Quote can include appendices indicating estimated budgets and timescales, and the method implemented.<\/span><\/p>

    The Customer’s order is considered binding from the date of receipt by the Service Provider of the Quote signed by the Customer.<\/span><\/p>

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    Article 6. Right of use<\/span><\/p>