EI Julien LEVESQUE
contact@onagre.io — https://onagre.io
SIRET: 511 789 703
Onagre is a SaaS application monitoring platform published by EI Julien LEVESQUE (hereinafter "the Publisher"). It enables its users to monitor the availability, performance and proper functioning of their applications by means of configurable sensors, agents deployed on their infrastructure, and a centralized incident detection and notification system.
These General Terms of Sale (hereinafter "the Terms") govern all contractual relationships between the Publisher and any natural or legal person subscribing to the Onagre offering in the course of their professional activity (hereinafter "the Customer"). Any subscription implies full and unconditional acceptance of these Terms.
Article 1. Definitions
Service: refers to the Onagre platform accessible online via a web browser, including all features made available to the Customer according to the subscribed plan.
Customer: refers to any natural or legal person who has subscribed to the Service in the course of their professional activity.
User: refers to any natural person of legal age and capacity, authorized by the Customer to access the Service under the Customer's responsibility.
Account: refers to the Customer's personal space, protected by authentication credentials, providing access to the Service.
Sensor: refers to a monitoring unit configured by the Customer, defining what to check, how often, according to which validation criteria, and which notifications to trigger.
Agent: refers to a lightweight executor deployed by the Customer on their infrastructure, which executes verification tasks transmitted by the Hub and returns raw results.
Hub: refers to the central gRPC service that orchestrates verifications, schedules tasks, aggregates results, detects incidents, and triggers alerts.
Incident: refers to an abnormal state detected by the Hub for a given sensor, which may be ongoing or resolved.
Subscription: refers to the plan chosen by the Customer (free or paid), determining the functional scope and usage limits of the Service.
Customer Data: refers to all data entered, imported, or generated by the Customer and its Users in the course of using the Service.
Article 2. Purpose of the contract
These Terms define the conditions under which the Publisher makes the Onagre Service available to the Customer, accessible in SaaS mode via an internet connection.
The contract consists of the following elements, in decreasing order of priority:
- these General Terms of Sale;
- the annex relating to personal data protection;
- the description of the subscribed plan as presented on the onagre.io website.
Article 3. Access to the Service
3.1. Registration and authentication
Access to the Service requires the creation of an Account. The Customer chooses an identifier (email address) and a password during registration. This information is strictly personal and confidential.
The Publisher may require a minimum level of password strength and may propose or require the activation of two-factor authentication.
The Customer is solely responsible for maintaining the confidentiality of their credentials. Any use of the Service made using the Customer's credentials shall be deemed to have been made by the Customer. In the event of suspected unauthorized access, the Customer must inform the Publisher without delay.
3.2. Technical requirements
The Service is accessible from an up-to-date web browser. A stable internet connection is required. The Publisher shall not be held liable for any malfunctions related to the Customer's hardware, software, or network environment.
The deployment of Agents on the Customer's infrastructure is the Customer's sole responsibility. The Publisher provides the documentation necessary for their installation and configuration.
3.3. Acceptable use
The Customer undertakes to use the Service in accordance with its documentation, its intended purpose, and applicable laws. The Customer shall refrain from:
- attempting to circumvent the technical or functional limits of the subscribed plan;
- carrying out any reverse engineering, decompilation, or disassembly of the Service;
- using the Service to develop a competing product or service;
- undermining the integrity, security, or availability of the Service;
- using the Service for unlawful purposes or purposes contrary to public order.
Article 4. Plans and features
The Service is offered under various plans whose characteristics (number of sensors, types of agents, notification channels, advanced features) are described on the website onagre.io/pricing.
The Publisher reserves the right to modify the content of plans, add or remove features, provided that the Customer is informed within a reasonable timeframe. In the event of a substantial and unfavorable modification for the Customer, the Customer may terminate their subscription in accordance with the provisions set out in the "Termination" article.
Article 5. Trial period
The Customer may benefit from a free trial period under the conditions indicated during registration. At the end of this period, failing subscription to a paid plan, access to the features associated with the trial plan will be deactivated.
The Publisher undertakes to delete Customer Data within thirty (30) days following the expiration of the unconverted trial period, unless a legal obligation of retention applies.
Article 6. Technical support
The Publisher provides a technical support service covering assistance with getting started and using the Service, as well as reporting and correcting reproducible anomalies, on a best-efforts basis.
Support is available by email at support@onagre.io and via the online documentation available at docs.onagre.io.
Article 7. Service levels and availability
The Publisher endeavors to maintain the Service available 24 hours a day, 7 days a week, with a target availability of 99.9% measured on a monthly basis, excluding scheduled maintenance periods.
The Publisher will inform the Customer of scheduled maintenance operations within a reasonable timeframe. Emergency interventions necessary for the security or integrity of the Service may be carried out without prior notice.
Article 8. Duration and renewal
8.1. Monthly subscription
The monthly subscription is taken out for a period of one (1) month. It is automatically renewed on a month-to-month basis on the anniversary date of the subscription. The Customer may terminate their monthly subscription at any time. Termination takes effect at the end of the current monthly period. No pro-rata refund will be made for the period already started.
8.2. Annual subscription
The annual subscription is taken out for a period of twelve (12) months. It is automatically renewed for successive periods of twelve (12) months on the anniversary date of the subscription. The Customer wishing not to renew their annual subscription must inform the Publisher at least thirty (30) days before the expiry of the current period, by email to contact@onagre.io.
8.3. Subscription modification
The Customer may at any time upgrade their subscription to a higher plan. The additional billing will be calculated on a pro-rata basis for the remaining period. A downgrade to a lower plan will take effect at the next subscription renewal.
8.4. Suspension for non-payment
In the event of non-payment of amounts due after a formal notice has remained without effect for fifteen (15) days, the Publisher may suspend access to the Service until full payment of the amounts due, without such suspension releasing the Customer from their payment obligation.
Article 9. Pricing and billing
The applicable prices are those displayed on the onagre.io website at the time of subscription or renewal. Prices are expressed exclusive of taxes. Applicable VAT and any other tax or duty payable shall be borne by the Customer.
The Publisher reserves the right to revise its prices. Any price change will be notified to the Customer at least thirty (30) days before it takes effect.
Payment is made by credit card through a secure payment provider. Any amount not paid by its due date shall automatically bear late payment interest at a rate equal to three (3) times the prevailing statutory interest rate. In accordance with Article L441-10 of the French Commercial Code, a fixed indemnity of forty (40) euros for recovery costs shall be due by the professional Customer in the event of late payment.
Article 10. Intellectual property
The Publisher holds all intellectual property rights relating to the Service, including its source code, architecture, interfaces, documentation, and trademarks.
This contract grants the Customer a personal, non-exclusive, non-assignable, and non-transferable right to use the Service, for the duration of the subscription and within the limits of the subscribed plan. This right of use does not confer on the Customer any ownership right over the Service or any of its components.
The Customer retains full ownership of their Customer Data. The Customer grants the Publisher a limited license to use such data solely for the purposes of providing and improving the Service.
Article 11. Customer obligations
The Customer undertakes to:
- use the Service in accordance with its documentation and intended purpose;
- ensure that its Users comply with these Terms;
- maintain an adequate internet connection for use of the Service;
- implement appropriate security measures on their own systems;
- inform the Publisher without delay of any anomaly, malfunction, or suspected security breach;
- not exceed the usage limits of the subscribed plan.
Article 12. Service evolution
The Service may be modified, enhanced, or simplified at any time. Updates are deployed automatically and require no action from the Customer. The Publisher will inform the Customer of any major change likely to significantly affect their use of the Service.
Article 13. Publisher's liability
The Publisher undertakes to exercise all reasonable care in providing and maintaining the Service, on a best-efforts basis. The Publisher does not guarantee that the Service meets the specific needs of the Customer or that it is free from any defect.
The following are expressly excluded from any compensation: loss of business, loss of profit, loss of data, damage to image or reputation, third-party claims, and more generally any indirect damage.
The cumulative liability of the Publisher, from all causes combined, shall not exceed the total amount of sums actually paid by the Customer during the twelve (12) months preceding the event giving rise to liability.
Article 14. Force majeure
Neither Party shall be held liable for failure to fulfill its contractual obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code. If the impediment continues for more than three (3) months, either Party may terminate the contract without compensation by written notice.
Article 15. Confidentiality
Each Party undertakes to treat as confidential all information, of whatever nature, communicated by the other Party or of which it becomes aware in the course of performing the contract. Confidentiality obligations shall remain in effect for the entire duration of the contract and for five (5) years after its termination.
Article 16. Customer Data
The Customer remains the owner of all Customer Data. The Publisher performs regular backups as part of its service continuity policy. Customer Data is hosted within the European Union for the entire duration of the contract.
Upon expiration of the contract, the Customer has a period of thirty (30) days to retrieve their Customer Data via the Service's export features. After this period, the Publisher will proceed with the deletion of Customer Data within a reasonable timeframe.
The Publisher may use Service usage data in aggregated and anonymized form, in no way allowing identification of the Customer or its Users, for the purposes of improving the Service and statistical analysis.
Article 17. Termination
The Customer may terminate their subscription at any time in accordance with the terms set out in Article 8. The Publisher may terminate the contract by operation of law, after formal notice by email has remained without effect for fifteen (15) days, in the event of non-payment, breach of the terms of use, unlawful use, or compromise of the security of the Service.
From the effective date of termination, the Customer loses all rights of access to the Service. The provisions relating to confidentiality, intellectual property, liability, and data restitution shall survive termination of the contract.
Article 18. Modification of the Terms
The Publisher reserves the right to modify these Terms. Any modification will be notified to the Customer by email or by notification within the Service at least thirty (30) days before it takes effect. The Customer who refuses the new terms may terminate their subscription before the new terms come into force.
Article 19. Subcontracting
The Publisher reserves the right to entrust all or part of the performance of its obligations to subcontractors of its choice, while remaining solely liable to the Customer for compliance with its contractual commitments.
Article 20. Severability
If any provision of these Terms is declared null or unenforceable by virtue of a legal or regulatory provision or a final court decision, it shall be deemed unwritten without affecting the validity of the remaining provisions, which shall retain their full effect.
Article 21. Dispute resolution
Any dispute arising from the performance of this contract must, prior to any legal action, be the subject of an attempt at amicable resolution. Failing amicable resolution within thirty (30) days, the Parties may refer the matter to the competent courts.
Article 22. Governing law and jurisdiction
These Terms are governed by French law. In the event of a dispute, and failing amicable resolution, the competent courts within the jurisdiction of the Publisher's registered office shall have exclusive jurisdiction, including in the event of multiple defendants or third-party proceedings.
Annex: Personal Data Protection Policy
This annex supplements the Terms and describes the Publisher's commitments regarding the protection of personal data in the context of providing the Service.
1. Roles of the Parties
The Customer acts as the data controller of the Personal Data that it enters or causes to be entered into the Service. The Publisher acts as a data processor within the meaning of Regulation (EU) 2016/679 (GDPR), on behalf of and in accordance with the documented instructions of the Customer.
2. Obligations of the Publisher as data processor
- Process Personal Data only in accordance with the documented instructions of the Customer and solely for the purposes of performing the contract
- Ensure the confidentiality of Personal Data and ensure that authorized personnel are subject to a confidentiality obligation
- Implement appropriate technical and organizational measures to ensure the security of Personal Data in accordance with Article 32 of the GDPR
- Not transfer Personal Data outside the European Union or the European Economic Area
- Maintain a record of processing activities in accordance with Article 30.2 of the GDPR
- Delete Personal Data at the end of the contract under the conditions set out in the "Customer Data" article of these Terms
3. Security of processing
The Publisher implements technical and organizational measures appropriate to the level of risk, including in particular: encryption of data in transit (TLS) and at rest, access and authorization management, monitoring and logging of system access, backup and restoration procedures, and regular security testing.
4. Breach notification
In the event of a Personal Data security breach, the Publisher will inform the Customer as soon as possible after becoming aware of it, providing: the nature of the breach, the categories and approximate number of individuals and records affected, the likely consequences, and the measures taken or proposed to remedy it.
5. Cooperation
The Publisher undertakes to communicate to the Customer, without delay, any request to exercise rights from a data subject, without responding to it directly, and to assist the Customer in complying with its obligations under Articles 32 to 36 of the GDPR.
6. Sub-processing
The Publisher is authorized to engage sub-processors for the purposes of performing the contract, provided that it contractually imposes at least an equivalent level of obligation and informs the Customer prior to any change. The Customer has a period of fifteen (15) days to raise a reasoned objection. The list of sub-processors is available upon request.
7. Audit
The Customer may request an audit, subject to thirty (30) days' written notice, carried out by an independent third party that is not a competitor of the Publisher, bound by a confidentiality obligation, at the Customer's expense. The audit is limited to one occurrence per year, unless a security incident justifies an additional audit.