CaféCafé

Terms and Conditions

Last updated : October 18, 2021

1. Definitions

Capitalized terms used in these terms and conditions (the "T&C") shall have the meanings set forth below, which shall apply to both the singular and plural of such terms, regardless of whether the defined term is used in the feminine or masculine form.

Active User : means an Authorized User who indicates on the Application going to the office of the Client during a calendar month.

Authorized Users : means those employees, agents and independent contractors of the Client who have been authorized by the Client to use the Application.

Application : means the web version of the application available at the following URL: https://app.at.cafe and the mobile version of the application available on iOS and Android, both developed by the Company and consisting of a hybrid work management tool (remote work and work from the office).

Client : means any professional who has subscribed to a Plan in the context of its commercial, industrial, craft, liberal or agricultural activity and is therefore a client of the Company.

Company : means either (i) if the Client resides outside the European Union, BUFU, Inc., a Delaware corporation having its registered office at 651 N Broad St, Suite 206, Middletown, DE 19709 United States of America, or (ii) if the Client resides in the European Union, BUFU S.A.S., a French société par actions simplifiée, with a share capital of EUR 1,000, its registered office at 5 avenue du Général De Gaulle, 94160 Saint-Mandé, France, registered with the Trade and Companies Register of Créteil under number 890 556 368.

Partie(s) : means, separately or together, the parties to the T&C, being the Company and the Client.

Plan : means a type of subscription plan displayed on the Website providing access to the Services.

Services : means all services provided by the Company such as access to the Application.

Services Order Form : means the ordering document for the Services sent by the Company to the Client.

ToU : means the terms of use between the Parties governing the use of the Application and the Website.

Website : means the Company's website whose URL is https://at.cafe.

2. Purpose of the Terms and Conditions

The purpose of the T&C is to define the contractual and commercial relationship between the Parties following the subscription by the Client to the Services.

3. Acceptance of the Terms and Conditions

The Client is invited to accept the T&C before subscribing to a Plan. The natural person who subscribes to the Plan in the name and on behalf of the Client declares :

  • To have the legal capacity to enter into agreements;

  • To have the power to enter into and accept the T&C in the name and on behalf of the Client;

  • That acceptance of the T&C does not result in breach, termination or modification of any agreements or acts to which the Client is a party and the T&C are not in conflict with any stipulations of said agreements or acts;

  • That the Client is not in a state of cessation of payments, nor is it the subject of voluntary liquidation or safeguard, recovery or judicial liquidation proceedings;

  • To have previously read and accepted without restriction the T&C.

The Client is invited to carefully read the T&C in force prior to any subscription to a Plan.

4. Modifications of the Terms and Conditions

The Company reserves the right to modify the T&C at any time. The Client may consult them at any time on the Website.

4.1. New subscriptions

The T&C applicable and enforceable to new Clients are the latest published on the Website.

4.2. Current subscriptions

The Client will be informed of changes to the T&C by any written means, including by email, at least one month before they come into effect.

Once into force, the modified T&C will apply as of the date of renewal of the Plan.

If the Client does not wish to be bound by the latest T&C, he may terminate his Plan at any time under the conditions set out below in section 5.4.

5. Subscription to Services

5.1. Subscriptions

The Client can order the Services either by subscribing on the Website to a Plan or by signing the Services Order Form.

5.2. Free trial

After subscribing to the Services, the Client will have a free trial period of fourteen (14) calendar days following the creation of the Client's account.

At the end of the free trial period, the Client will automatically be charged for the Plan. If the Client does not want to pay for the Services, it shall end the subscription before the end of the free trial period.

5.3. Duration

The monthly Plan is renewed every calendar month for an unlimited period of time from the date of subscription to the Plan, unless terminated by either of the Parties pursuant to section 5.4.1. below.

The annual Plan is concluded for a period of twelve (12) calendar months from the date of subscription to the Plan or any other period specified in the Services Order Form, and will then be automatically renewed for new identical periods, unless terminated by either of the Parties, pursuant to section 5.4.2. below.

5.4. Termination

5.4.1. Monthly Plan

The Client may terminate its Plan at any time by notifying the Company by email or through the Website or via the Client's account.

The termination will be effective the day following such notification.

The Company may also terminate the Plan at any time by notifying the Client by email.

The termination will be effective thirty (30) calendar days following such notification or the day following such notification if the Client or the Authorized Users are in violation of the T&C or the ToU.

5.4.2. Annual Plan

The Client may only terminate its Plan before its term if the Company materially breaches the T&C or the ToU and the breach is not cured within thirty (30) days of written notification of the Client of such breach.

The termination will be effective the day after the end of this thirty (30) days period.

In this case, the Company will reimburse the Client the price of the fees associated with the remaining period of the Plan after the effective date of such termination.

The Company may only terminate the Plan before its term if the Client or any Authorized Users materially breaches the T&C or the ToU and the breach is not cured within thirty (30) days of written notification of the Company of such breach.

The termination will be effective the day after the end of this thirty (30) days period.

In this case, the Client will not be reimbursed for any part of the Plan and it will still need to pay any accrued fees before the effective date of the termination.

The Client may stop the automatic renewal of the Plan by notifying the Company by email or through the Website or via the Client's account, at the latest thirty (30) days before the end of the term.

The Company may stop the automatic renewal of the Plan by notifying the Client by email, at the latest thirty (30) days before the end of the term.

6. Prices

6.1. Prices per Active User

Unless otherwise specified in the Services Order Form, prices are per Active User per calendar month.

6.1.1. Decrease in Active Users for annual Plans

For the annual Plans, if the number of Active Users is less than the number of Authorized Users at the end of a calendar month, the Client will receive proportional credits. The credits will be applied to future payments of the Client.

Example : the Client subscribed in April to an annual plan with 10 Authorized Users. Let's say the price per Active User is $6. The Client paid when he subscribed an amount of $720 (10 x $6 x 12). At the end of May, there are only 5 Active Users. The Client will receive credits for the 5 Authorized Users who are not Active Users, therefore a total credit of $30 ($6 x 5). The $30 will be deducted from the next Client's invoice.

Credits are not transferable or refundable. They have no currency or exchange value. If the annual Plan is terminated they will expire.

6.1.2. Increase of Authorized Users during the annual Plans

If the Client increases the number of Authorized Users during the annual Plan, the Client will be billed the following calendar month for such new Authorized Users as if they were Active Users for the remaining term of the Plan.

Example : the Client subscribed in April to an annual plan with 10 Authorized Users. Let's say the price per Active User is $4. The Client paid when he subscribed an amount of $480 (10 x $4 x 12). In May, it adds 5 Authorized Users. In June, the Client will have to pay $220 (5 x $4 x 11).

6.2. Currency and taxes

Prices displayed for the Services are excluding any applicable taxes or charges (including but not limited to value-added, sales, use, or withholding taxes assessable by any jurisdiction whatsoever, late payment legal interest fees).

If the Client resides outside the European Union it will be billed in US Dollars.

If the Client resides in the European Union it will be billed in Euros.

6.3. Methods of payment

The Services must be paid by credit card via the platform of the provided payment provider or via wire transfer.

The Client warrants that it has the funds and the necessary authorizations to use the chosen payment method.

In the event of direct debit, the Client agrees to update its bank account information as soon as possible, if necessary.

6.4. Invoices and billing periods

All invoices are issued electronically and will be sent by email or accessible in the Client's account, which the Client expressly accepts. The Client needs to make sure its information is always up to date.

Full payment must be received within thirty (30) days from the invoice date, otherwise late payment legal interest fees will accrue.

For monthly Plans, the Client will receive a monthly invoice following every calendar month of subscription.

For annual Plans, the Client will receive an invoice shortly after its subscription and the automatic renewal. It will also receive further invoices if Authorized Users are added. This invoice will be sent the month following the calendar month during which the Authorized Users were added.

6.5. Price revision

The Company reserves the right to modify its prices at any time. The Client may consult them at any time on the Website.

The prices applicable and enforceable to new Clients are the latest published on the Website.

The Client with an ongoing subscription will be informed of changes to the prices by any written means, including by email, at least one month before they come into effect.

Once into force, the new prices will apply as of the date of renewal of the Plan.

If the Client does not wish to be bound by the latest prices, it may terminate its Plan at any time under the conditions set out above in section 5.4.

7. Disclaimers

To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the Client's or Authorized User's computer equipment, computer programs, data, or other proprietary material due to their use of the Services or to their downloading of any material posted on the Website or through the Application, or on any website or application linked to the Services.

The Client's use of the Services is at its own risk. The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website, Application or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet the Client's needs or expectations.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

In no event will the Company have any liability to any other party for any lost profits, lost opportunities, or indirect, special, incidental, consequential, cover, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a Party has been advised of the possibility of these types of damages or a Party's remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.

8. Limitation of liability

To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount the Client has paid to the Company for the applicable services in the twelve (12) months preceding the first incident out of which the liability arose.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

9. Intellectual property rights

The Website, the Application and their entire contents, features, and functionalities (including but not limited to all information, text, logos, images, videos, and the design, selection, and arrangement thereof), as well as the domain names used by the Company (the "Materials") are owned by the Company, its licensors, or other providers and are protected by United States, French and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No right, title, or interest in the Materials is transferred to the Client, and all rights not expressly granted are reserved by the Company. Any use of the Materials not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws.

The Client must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Materials.

The Company only grants the Client a non-exclusive, personal and non-transferable license to use the Services, in their current version as of the date hereof and in any future versions, for the sole purpose of its use of the Application.

This license is granted for the period of the subscribed Plan.

10. Personal data

The Company complies with applicable laws on personal data including the French law n° 78-17 of January 6, 1978 as amended and the General Data Protection Regulation (EU) 2016/679 of April 27, 2016.

To learn more about how the Company processes personal data and the use of cookies, please read the Privacy Policy available at : https://at.cafe/privacy-policy.

11. Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these T&C, results from a case of force majeure including, for example, an act of God, natural disaster, act of war or terrorism, riot or civil arrest, pandemic.

The Party experiencing a case of force majeure must inform the other Party within a reasonable time of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented shall notify the other of the resumption of its obligation. If the impediment is definitive, the impeded Party shall notify the other by registered letter with acknowledgement of receipt and these T&C shall be purely and simply terminated upon receipt of such notification.

12. Contact

The Client can contact at any moment the Company by email at contact@at.cafe or by mail at:

BUFU Inc.
651 N Broad St, Suite 206
Middletown, DE 19709
United States of America

Or

BUFU S.A.S.
5 avenue du Général De Gaulle
94160 Saint-Mandé
France

13. Duration

The T&C are effective as of the date of acceptance by the Client and will remain effective until termination or expiration of the Client's Plan with the Company.

14. Waiver and Severability

No waiver by the Company of any term or condition set out in the T&C shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the T&C shall not constitute a waiver of such right or provision.

If any provision of the T&C is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the T&C will continue in full force and effect.

15. Governing law, Jurisdiction and Language

In the event that the T&C are translated in multiple languages and there are discrepancies between some versions, the English version will prevail.

  • If the Client resides outside the European Union :

the T&C, and any disputes arising out of or related hereto, are governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the T&C nor to any dispute or transaction arising out of the T&C,

and

the Federal and state courts within San Francisco, California shall have exclusive jurisdiction to adjudicate any disputes arising out of or relating to the T&C. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only before such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

  • If the Client resides in the European Union :

the T&C, and any disputes arising out of or related hereto, are governed by, and construed in accordance with, the laws of France, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of France. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the T&C nor to any dispute or transaction arising out of the T&C,

and

the competent courts within the jurisdiction of the Court of Appeals of Paris, France shall have exclusive jurisdiction to adjudicate any disputes arising out of or relating to the T&C. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only before such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

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