Definitions
The terms defined below may be understood in the same way in the singular or plural.- Site: refers to the website www.explorates.com.
- Services and Products: refers to the booking system offered by Explorates SAS as well as all technical services marketed by Explorates SAS.
- User: refers to any natural or legal person who uses the Explorates SAS website.
- Client: refers to any natural or legal person who has purchased Services and Products from Explorates SAS.
- Force Majeure: refers to an event such as a natural disaster, an epidemic or a major political event considered unavoidable and unforeseeable. As such, Force Majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.
1 - Purpose and Scope
These General Terms and Conditions of Sale (hereinafter the "Conditions") are intended to define the terms under which Explorates SAS provides its business clients (hereinafter the "Client") with a software service accessible remotely on a SaaS ("Software as a Service") basis.Any subscription to, access to or use of the Services implies unreserved acceptance of these Conditions.
Explorates SAS is a company with share capital of €10,000, registered at 149 avenue du Maine, Paris (75014), registered with the Paris Trade and Companies Register under number B 939 049 672.
2 - Contractual Documents
The Services and Products provided are described in:- these General Terms and Conditions of Sale;
- the contract or special conditions agreed between the parties.
In the event of any conflict, the provisions of the contract or special conditions shall prevail over these General Terms and Conditions of Sale.
3 - Description of Services
Explorates SAS makes available to the Client a software platform accessible via the Internet, enabling the management of commercial operations, bookings, sales, data, content, automations and any other functionality described on the Explorates SAS website or in its commercial documents.The Services and Products may evolve at any time in order to improve their performance, security, ergonomics or functionality.
Explorates SAS reserves the right to add, modify or remove certain features without this constituting a substantial modification of the contract.
4 - Account Creation and Access to the Service
Access to the platform requires the creation of a user account.The Client undertakes to provide accurate, complete and up-to-date information upon registration and throughout the duration of the contract.
Login credentials are strictly personal and confidential. The Client is solely responsible for the safekeeping and use of their access details, including by their employees, collaborators or sub-users.
Explorates SAS may suspend or restrict access to the Services and Products:
- in the event of fraudulent or abusive use;
- failure to comply with these General Terms and Conditions of Sale;
- non-payment;
- breach of system security;
- or violation of applicable regulations.
5 - Free Trial
Explorates SAS may offer a free trial period providing access to all or part of the Services and Products for a limited time.At the end of this period, the service may be automatically converted to a paid subscription unless the Client cancels beforehand.
Explorates SAS reserves the right to modify, limit or remove any free trial offer at any time.
6 - Financial Terms
The prices of the Services and Products are those in force on the date of purchase. Prices are denominated in euros and calculated excluding taxes. They will therefore be increased by the applicable VAT rate on the date of the order.Prices may be structured:
- as a monthly or annual subscription;
- based on usage volume;
- based on the number of users;
- or according to any other terms specified in the commercial offer.
Invoices are issued in electronic format and payable according to the terms indicated thereon.
In the event of total or partial late payment, Explorates SAS may:
- apply late-payment interest at a rate of three times the statutory interest rate;
- suspend access to the Services and Products;
- demand immediate payment of all amounts due;
- or terminate the contract after a formal notice has gone unanswered.
In addition to late-payment penalties, any sum not paid by its due date shall automatically give rise to the payment of a fixed indemnity of €50 in respect of recovery costs.
All bank charges, taxes or costs related to payments remain the responsibility of the Client.
Explorates SAS reserves the right to modify its prices at any time and without prior notice. However, it undertakes to invoice the Services and Products ordered at the prices indicated at the time of purchase for a period of one year.
7 - Contract Term and Termination
The contract takes effect from the date of subscription to the Services and Products.Unless otherwise stipulated, the subscription is entered into for a fixed term and is automatically renewed for successive equivalent periods.
Either party may terminate the contract:
- at the contractual expiry date, subject to compliance with the applicable notice period;
- or immediately in the event of a material breach by the other party of its obligations.
Explorates SAS may immediately suspend or terminate the Services and Products in the event of:
- unlawful use;
- attempted intrusion;
- disruption to the proper functioning of the platform;
- or infringement of third-party rights.
Termination does not relieve the Client of the obligation to pay any amounts still outstanding.
8 - Client Obligations
The Client undertakes to:- use the Services and Products in accordance with applicable laws and regulations;
- not disrupt the operation of the platform;
- not circumvent security measures;
- not reverse-engineer or copy the software;
- regularly back up their data;
- maintain the confidentiality of their access credentials.
The Client remains solely responsible for:
- the content and data they transmit;
- their commercial activities;
- their relationships with their own users;
- and the use made of the Services and Products.
9 - Technical Limits and Fair Use
In order to ensure the stability and quality of the Services and Products, Explorates SAS may implement technical limitations relating in particular to:- storage;
- the number of users;
- data volume;
- API calls;
- bandwidth;
- or processing capacity.
Any excessive or abusive use, or use likely to affect the performance of the platform, may result in a temporary limitation or suspension of access.
10 - APIs and Third-Party Services
The platform may allow the use of APIs, integrations or third-party services.These external services remain subject to their own contractual terms and privacy policies.
Explorates SAS does not guarantee their availability or their ongoing compatibility with the platform.
The Client uses these third-party services at their sole risk.
Explorates SAS may limit, modify or suspend access to APIs for technical, security or maintenance reasons.
11 - Service Availability
Explorates SAS endeavours to ensure continuous access to the Services and Products. However, the Client acknowledges that the operation of Internet networks and technical infrastructure may result in temporary interruptions, slowdowns or unavailability.Explorates SAS may temporarily interrupt the Services for:
- maintenance;
- updates;
- security operations;
- or technical improvements.
Unless a specific separate commitment is made, no guarantee of continuous or error-free availability is given.
12 - Technical Support
Explorates SAS may offer a support service accessible according to the terms set out in the subscribed offer.Support requests may be submitted by email, online form or any other means indicated by Explorates SAS.
Explorates SAS undertakes to make reasonable efforts to handle requests as promptly as possible, without any obligation as to the outcome.
13 - Limitation of Liability
Explorates SAS is subject to a best-efforts obligation. Its liability may only be engaged in the event of proven fault and only for direct damages.Explorates SAS shall not in particular be held liable for:
- loss of revenue;
- loss of data;
- loss of business;
- indirect damages;
- reputational harm;
- or consequences related to the use of third-party services.
In all cases, the total liability of Explorates SAS is limited to the amount paid by the Client during the twelve (12) months preceding the event giving rise to the damage.
14 - Disclaimer of Warranties
The Services and Products are provided "as is", without warranty of any kind, express or implied. Explorates does not warrant:- the complete absence of errors or interruptions;
- compatibility with all technical environments;
- nor the achievement of any particular commercial objectives.
The Client acknowledges using the Services at their own risk.
The Client undertakes to provide all information, documents and access necessary for the proper performance of the Services and Products. In the event of failure to do so, Explorates SAS shall not be held liable for any delay or partial performance of the service.
15 - Intellectual Property
Explorates SAS remains the exclusive owner of all intellectual property rights relating to the platform, software, interfaces, content, trademarks, logos, databases and documentation associated with the Services.Any unauthorized reproduction, modification, extraction, distribution or exploitation is prohibited.
The contract does not entail any transfer of ownership to the Client.
The Client is granted only a personal, non-exclusive, non-assignable and non-transferable right of use for the duration of the contract.
16 - Client Data and Content
The Client retains full ownership of the data, content, files and information they use via the Services and Products.The Client grants Explorates SAS a limited license to host, store, reproduce, transmit and process such content solely for the purposes of performing the Services and Products.
The Client warrants that they hold all necessary rights over the content used (text, images, databases, etc.). Explorates SAS shall not be held liable in the event of infringement of third-party rights.
Explorates may remove or suspend any content that is manifestly unlawful or contrary to these General Terms and Conditions of Sale.
17 - Personal Data
To the extent that Explorates SAS processes personal data on behalf of the Client (client files, etc.), the parties undertake to comply with applicable legislation (GDPR, applicable data protection laws, etc.).The specific terms of processing may be covered by an addendum or a data processing agreement.
The terms governing the processing of personal data by Explorates SAS are available on the dedicated Privacy Policy.
18 - Indemnification
The Client indemnifies Explorates SAS against any claim, action or judgment relating to:- the use of the Services and Products;
- content distributed;
- a breach of these General Terms and Conditions of Sale;
- or an infringement of third-party rights.
The Client shall bear all costs, damages and legal fees related to such claims.
19 - Subcontracting
Explorates SAS may engage any subcontractor of its choice for the performance of all or part of the Services and Products.Explorates SAS remains responsible for its subcontractors within the limits provided by applicable regulations.
20 - Confidentiality
The parties undertake to maintain the confidentiality of information (technical, commercial, financial, etc.) exchanged in the context of these General Terms and Conditions of Sale and not to disclose it to third parties without prior written consent.21 - Commercial Reference
Unless the Client objects in writing, Explorates SAS may use the Client's name, brand and logo as a commercial reference on its communication materials.22 - Force Majeure
Explorates SAS shall not be held liable if the non-performance or delay in performing any of its obligations described in these General Terms and Conditions of Sale results from a case of Force Majeure.23 - Amendments to the General Terms and Conditions of Sale
Explorates SAS may amend these General Terms and Conditions of Sale at any time, in particular to take into account:- legal developments;
- technical developments;
- developments in the Services and Products;
- or security requirements.
The Client will be notified of any amendments by any appropriate means.
Continued use of the Services and Products after the new General Terms and Conditions of Sale come into force constitutes acceptance thereof.
24 - End of Contract
Explorates SAS reserves the right to terminate a Client's contract at any time and for any reason, with one month's notice. Such termination will be notified by recorded delivery letter with acknowledgement of receipt.Clients may terminate the contract binding them to Explorates by giving 3 months' notice. Such termination must be notified by recorded delivery letter with acknowledgement of receipt addressed to Explorates.
In the case of an annual subscription, termination of the contract shall take effect on the last day of validity of the contract, entailing payment of all amounts due up to that date.
25 - Applicable Law and Disputes
Any dispute relating to the interpretation and performance of these General Terms and Conditions of Sale is subject to French law.In the absence of an amicable resolution, the dispute shall be brought before the Paris Commercial Court.
If any clause of these General Terms and Conditions of Sale is declared null and void or unenforceable, the remaining provisions shall retain their full force and effect.
26 - Final Provisions
If any clause of these General Terms and Conditions of Sale is declared invalid or unenforceable, the remaining provisions shall remain fully applicable.The failure of either party to invoke a right provided for herein shall not be interpreted as a waiver of that right.
Last updated: May 28, 2026.