Terms of Service

1. Definitions

In these Terms, capitalised terms have the following meaning:

• Platform — All websites, web and mobile applications, APIs and services made available by Arxa Intelligence under the Arxa Intelligence brand, accessible in particular via the arxaintelligence.com domain.
• Services — The treasury management, cash forecasting, DSO/DPO optimisation, anti-fraud and reporting software features delivered in SaaS mode in accordance with the subscribed plan.
• Account — The secure user environment allowing the Customer to access the Services and manage its data.
• User — Any individual authorised by the Customer to access the Platform via a personal identifier.
• Customer Data — All data of any kind transmitted or generated by the Customer or its Users in the course of using the Services, excluding Arxa's internal technical data.
• Subscription — The monthly or annual contractual commitment subscribed by the Customer in consideration for payment of the corresponding Fees.
• Fees — The amounts due by the Customer under the Subscription, as displayed on the Pricing page on the date of subscription.

2. Acceptance and contract formation

These Terms are accessible at all times from the Platform. The Customer is invited to read them carefully before subscribing.

The contract is validly formed, without handwritten signature, when the Customer clicks the subscription confirmation button after ticking the Terms acceptance box and providing the required information (corporate name, address, payment method). This electronic acceptance has the same evidentiary value as a handwritten signature, in accordance with Articles 1366 and 1367 of the French Civil Code.

Arxa reserves the right to amend these Terms at any time. Any substantial amendment is notified by email at least thirty (30) days before its entry into force. A Customer who does not accept the new conditions may terminate free of charge before the effective date.

3. Service description

Arxa Intelligence is a SaaS treasury platform aimed at finance departments, SME executives, investment funds and chartered accountants. It enables PSD2 bank account aggregation, cash forecasting, optimisation of customer and supplier cycles, payment anomaly detection, production of management reports and AI-assisted cash decision making.

The exact scope of features available to the Customer depends on the subscribed Subscription plan (Starter, Pro, Scale, Enterprise), as described on the Pricing page on the date of subscription. Arxa may, in a continuous improvement approach, add, modify or remove certain features provided this does not substantially degrade the value of the Service.

The Platform is provided in hosted mode. The Customer does not need to install any software and accesses the Services through a compatible web browser (current versions of Chrome, Firefox, Safari, Edge) or, where available, the iOS and Android mobile applications. A stable internet connection is required.

4. User account and responsibilities

Access to the Services requires the creation of an Account by a duly authorised representative of the Customer. The Customer warrants the accuracy of the information provided at registration and undertakes to keep it up to date throughout the term of the Subscription.

The Customer is solely responsible for:

• The confidentiality of the credentials assigned to its Users and all actions performed from its Account
• Granting and revoking access rights within its organisation, using the management tools provided by Arxa
• The accuracy, lawfulness and quality of Customer Data it transmits or causes to be transmitted to the Platform
• Compliance with applicable usage rules, in particular the prohibition of any attempt at intrusion, copying, reverse engineering or unauthorised resale of the Services

The Customer undertakes to enable two-factor authentication where it is offered and to notify any suspected credential compromise without delay to security@arxaintelligence.com. Arxa cannot be held liable for fraudulent use of the Account resulting from the Customer's failure to meet its security obligations.

5. Pricing and payment

The applicable Fees are those published on the Pricing page on the date of subscription, exclusive of taxes. Applicable VAT at the prevailing rate is added for Customers established in France and, where applicable, in the European Union in the absence of a valid intra-EU VAT number.

Payment is exclusively made by credit card or SEPA direct debit through our service provider Stripe Payments Europe Limited (Ireland). By subscribing, the Customer authorises Arxa to debit the registered payment method for each Subscription instalment.

Fees are billed in advance, monthly or annually depending on the option chosen. Annual Subscriptions benefit from a discount stated on the Pricing page. Any unpaid instalment by its due date entails, after a formal notice that has remained unanswered for eight (8) days, suspension of the Service and the maintenance of sums due, increased by interest at the legal rate and a flat-rate indemnity of forty (40) euros for recovery costs (article L.441-10 of the French Commercial Code).

A compliant invoice is issued automatically at each instalment and made available in the Stripe billing portal accessible from the Account. Fees are non-refundable, except where expressly provided otherwise or in case of termination attributable to Arxa.

6. Trial period

Any new Customer may benefit from a free fourteen (14) day trial period on the plan of its choice, with the exception of the Enterprise plan which is subject to a guided demonstration. The trial provides access to the full set of features of the chosen plan, on the same terms as a paid Subscription.

Registration of a valid payment method is required at sign-up to ensure service continuity at the end of the trial. No amount is charged during the trial period.

The Customer may cancel at any time during the trial, without reason and free of charge, from the Stripe billing portal or by contacting contact@arxaintelligence.com. Failing cancellation, the Subscription automatically converts to a paid plan on the fifteenth (15th) day, and the payment method is charged for the amount corresponding to the chosen plan.

7. Termination

The Customer may terminate its Subscription at any time from the Stripe billing portal accessible in its Account, without having to give reasons. Termination takes effect at the end of the current period (month or year depending on the plan), with no pro rata refund of Fees already paid.

Arxa may, by operation of law, terminate the Subscription in case of serious breach by the Customer of its contractual obligations, in particular in case of persistent payment default, fraudulent use of the Services, breach of security rules or infringement of Arxa's intellectual property rights, after a formal notice that has remained unanswered for fifteen (15) days.

From the effective date of termination, the Customer benefits from a thirty (30) day export window during which it retains read-only access to its Account in order to download all of its Customer Data in structured formats (CSV, JSON, PDF for reports).

After this window, Customer Data is permanently deleted from our production systems within a maximum of ninety (90) days, with the exception of data subject to a legal retention obligation (invoices, security logs).

8. Intellectual property

The Platform, its source code, interfaces, design system, structural databases, AI models, trademarks, logos and domain names remain the exclusive property of Arxa Intelligence SAS, or of its licensors as the case may be. Nothing in these Terms may be construed as a transfer of ownership to the Customer.

Arxa grants the Customer, for the term of the Subscription and within the limit of the Fees paid, a personal, non-exclusive, non-transferable and non-sublicensable right of use, strictly limited to the purposes provided for in these Terms. The Customer is prohibited from any reproduction, adaptation, translation, decompilation, publication or making available to third parties of all or part of the Platform, except in cases expressly authorised by law.

The Customer retains full ownership of its Customer Data. It grants Arxa, for the sole duration of the Subscription and strictly to the extent necessary to deliver the Services, the right to host, reproduce and process its Customer Data. Arxa may also use Customer Data that has been irreversibly aggregated and anonymized for product improvement and statistical purposes.

9. Customer data

Under the performance of the contract, the Customer entrusts to Arxa the processing of Customer Data which may contain personal data relating to its own employees, customers and suppliers. With respect to such data, the Customer acts as controller and Arxa acts as processor within the meaning of Article 28 GDPR.

The conditions and procedures of this processing are defined in a Data Processing Agreement (DPA) appended to these Terms, entered into between the parties as a matter of law upon acceptance of the Terms. The DPA covers in particular the security obligations, the list of authorised onward sub-processors, assistance arrangements in case of rights requests and the breach notification procedure.

At the end of the contract, under the conditions specified in section 7, Arxa returns Customer Data and then deletes it from its systems, save for any contrary legal retention obligation.

Arxa's processing of personal data of its own users is also governed by our Privacy Policy.

10. Limitation of liability

Arxa undertakes to provide the Services with all the care and diligence usual in the profession, under a best-efforts obligation. The Platform produces analyses and recommendations of an informational nature; financial, accounting and tax decisions remain in any event the responsibility of the Customer alone.

Save in cases of wilful misconduct, gross negligence, bodily harm or other liability that cannot be limited by law, Arxa's total liability, all causes combined, is expressly capped at the total amount of Fees actually paid by the Customer during the twelve (12) months preceding the event giving rise to the damage.

Furthermore, the following are excluded from the scope of compensation:

• Indirect losses, including loss of revenue, loss of margin, loss of customers, damage to image
• Damage resulting from misuse of the Platform by the Customer or its Users
• Damage caused by force majeure or by the act of a third party, including unavailability of a sub-processor or banking partner
• Damage relating to a loss or alteration of data the cause of which is not directly and exclusively attributable to Arxa

Any liability action must, on pain of being time-barred, be brought within one year of the event giving rise to it.

11. Force majeure

Neither party shall be held liable for any delay or failure to perform its obligations resulting from force majeure within the meaning of Article 1218 of the French Civil Code, that is to say an event beyond its reasonable control, which could not reasonably be foreseen at the time of contract formation and the effects of which cannot be avoided by appropriate measures.

The following are notably considered cases of force majeure:

• Natural disasters, fires, floods, earthquakes
• Wars, terror attacks, riots or serious public-order disturbances
• Epidemics and pandemics resulting in restrictions imposed by authorities
• Generalised power outages and major failures of telecommunications operators or cloud infrastructures
• Large-scale cyber attacks affecting the internet ecosystem beyond the reasonably controllable perimeter

The hindered party informs the other as soon as possible. If the force majeure event lasts more than sixty (60) days, either party may terminate the contract by operation of law, without indemnity, by registered letter with acknowledgement of receipt.

12. Governing law and jurisdiction

These Terms are governed by French law, to the exclusion of conflict-of-laws rules.

In the event of any dispute relating to their formation, performance, interpretation or termination, the parties shall endeavour to find an amicable solution prior to any contentious action. Failing resolution within thirty (30) days from the first written notification, the dispute shall be submitted to the exclusive jurisdiction of the Paris Commercial Court (Tribunal de commerce de Paris), even in case of multiple defendants or warranty claim.

For any question relating to these Terms, the Customer may write to contact@arxaintelligence.com. For any security question, to security@arxaintelligence.com. For any question relating to personal data, to dpo@arxaintelligence.com.