Last updated: [TO COMPLETE — publication date]
These Terms of Sale (the "Terms") govern the contractual relationship between:
NEODIS, a simplified joint-stock company (SAS) with its registered office at 204 avenue de Colmar, 67100 Strasbourg, France, registered under SIRET 918 927 773 00013, intra-community VAT number FR69918927773 (the "Provider" or "AudioKit"),
and any person making a purchase on the website https://audiokit.net (the "Customer").
Any order implies unreserved acceptance of these Terms. The Customer declares that they have read and accept them before validating their order, via a dedicated checkbox.
AudioKit is a web application providing a toolbox of audio-processing tools running in the user's browser.
The essential characteristics of the services are described on the website at the time of subscription.
The prices of the Premium subscription are shown on the website, in euros and inclusive of all taxes.
NEODIS is subject to VAT; applicable VAT is shown on the invoice. NEODIS reserves the right to change its prices at any time. New prices will apply to subscriptions taken out or renewed after they come into effect. The Customer will be informed in advance for renewals.
Subscription to the Premium offer is carried out online by creating an account and choosing a plan.
Payment is securely processed by our payment provider Stripe. NEODIS never has access to the Customer's full bank card details.
The subscription renews automatically at the end of each term (monthly or annual) for an identical period, unless cancelled by the Customer under the conditions of Article 7.
In accordance with Article L.221-18 of the French Consumer Code, a consumer Customer is in principle entitled to a fourteen (14) day period to exercise their right of withdrawal from the conclusion of the contract.
Waiver for digital content and services: By subscribing to the Premium offer and accessing the digital service immediately, the Customer expressly requests the performance of the service before the end of the withdrawal period and acknowledges waiving their right of withdrawal once the service has been fully performed, in accordance with Article L.221-28 of the French Consumer Code.
A model withdrawal form is provided in the appendix to these Terms.
The subscription is taken out for the chosen duration (monthly or annual) and renews automatically by tacit renewal for successive periods of the same duration, until cancellation.
The Customer may cancel their subscription at any time.
In accordance with Article L.215-1-1 of the French Consumer Code (in force since 1 June 2023), a free and easily accessible online cancellation feature is made available to the Customer directly from their personal account on the website.
Cancellation takes effect at the end of the current subscription period. No pro-rata refund is made for the period already started, unless a mandatory legal provision states otherwise. The Customer retains access to the Premium service until the end of the period already paid for.
Amounts paid for a subscription period already started are non-refundable, except:
Any refund request can be sent to hello@audiokit.net.
NEODIS strives to ensure the service is available 24/7, subject to maintenance operations and force majeure. NEODIS cannot be held responsible for interruptions or malfunctions beyond its control. The service is provided under a best-efforts obligation.
AudioKit provides audio-processing tools. The Customer is solely responsible for the files they process, for the rights they hold over those files, and for the use they make of the results. NEODIS cannot be held responsible for any use of the tools that infringes third-party rights (in particular copyright).
As audio processing takes place in the Customer's browser, files are not uploaded to NEODIS servers, unless otherwise indicated for certain features.
The processing of the Customer's personal data is described in the Privacy Policy available on the website, compliant with the GDPR.
For any complaint, the Customer may contact NEODIS at hello@audiokit.net.
In accordance with Articles L.611-1 et seq. of the French Consumer Code, a consumer Customer may use a consumer mediator free of charge to seek an amicable resolution of a dispute.
The Customer may also use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr
These Terms are governed by French law. In the event of a dispute, and failing an amicable resolution, the French courts shall have jurisdiction, subject to the mandatory jurisdiction rules applicable to consumers.
(Complete and return this form only if you wish to withdraw from the contract, where this right applies.)