Terms and conditions of sale and subscription
Version 1.0 – effective 1 October 2026
1. Who we are
Ton appli ("Tonappli") is the business of Marco Midrouillet, micro-entrepreneur (French sole trader).
SIRET: [SIRET]
Address: [ADRESSE]
Email: [email protected]
VAT not applicable, art. 293 B of the CGI (French General Tax Code).
2. Purpose and scope
These terms govern the creation and provision, on a subscription basis, of web applications for independent professionals (the "Client"). They apply between businesses. Placing an order constitutes acceptance of these terms, which prevail over any other document unless otherwise agreed in writing.
3. The service
The subscription includes: the Client's web application and its admin area, the associated website, the domain name, hosting in the European Union, security updates, the changes described in section 6, email support and data export.
4. Order and creation
After the discovery call, Tonappli presents a mockup and states the set-up fee, a fixed amount. The order becomes firm when the Client approves the mockup and pays the set-up fee. Tonappli aims to go live within 48 business hours of receiving everything needed (texts, logo, prices, opening hours, etc.). This timeframe is a target, not a guaranteed result.
5. Prices and payment
- Subscription: €39.99 per month, all inclusive, payable monthly in advance.
- Set-up fee: fixed amount stated before mockup approval, payable on order.
Prices are net, VAT not applicable, art. 293 B of the CGI. Any late payment automatically incurs penalties at three times the French statutory interest rate, plus a fixed recovery fee of €40 (art. L441-10 of the Code de commerce, French Commercial Code). Tonappli may change its prices by notifying the Client at least 30 days in advance; the Client may then cancel at no cost.
6. Included changes
Routine changes are included in the subscription, within a reasonable scope: texts, photos, prices, opening hours, services, colours, adding or removing existing elements. A request that amounts to building a major new feature, or redesigning the application, is subject to a prior quote, which the Client is free to decline. Requests are handled within a reasonable time, usually a few business days.
7. No commitment: term and cancellation
The subscription comes with no commitment. It runs month to month and renews automatically. The Client may cancel at any time, simply by emailing [email protected] or from their account. Cancellation takes effect at the end of the current month; the month started remains due and is not refunded pro rata.
The set-up fee is non-refundable once the mockup has been approved, as the creation work has then begun.
Tonappli may terminate the subscription in the event of a serious breach by the Client not remedied within 15 days of formal notice, or without cause with 3 months' notice.
8. Non-payment and suspension
In the event of non-payment, Tonappli sends a reminder by email. If payment is not made within 15 days, a second warning announces suspension at least 7 days in advance; access to the application may then be suspended. The Client's data is kept during suspension and the service is restored as soon as payment is made. After 60 days of non-payment, Tonappli may terminate the subscription; section 9 then applies.
9. End of subscription and data export
Upon cancellation, the Client can export their data (clients, appointments, content) in a common format (CSV or JSON), from their account or on request. The data remains available for 30 days after the subscription ends and is then permanently deleted, unless retention is required by law. The Client may request the transfer of their domain name to another provider.
10. Ownership
- Client content and data: the Client retains ownership of their content (texts, photos, logo, brand) and their data, including that of their own customers. The Client warrants holding the necessary rights to everything they provide.
- Technical platform: Tonappli retains ownership of the code, templates and tools of its shared platform. It grants the Client, for the duration of the subscription, a non-exclusive, non-transferable licence to use the application, which ends with the subscription.
11. Personal data
For end-customer data that the Client manages in their application, Tonappli acts as a processor within the meaning of the GDPR. Each party's obligations are set out in the data processing agreement, which forms an integral part of these terms.
12. Availability and liability
Tonappli uses reasonable means to ensure the availability and security of the service (best-efforts obligation). Occasional interruptions may occur for maintenance or due to technical providers.
Tonappli's liability is limited to direct and proven damages; it excludes indirect damages (loss of revenue, customers or reputation). It is capped at the amount paid by the Client over the previous 12 months. The Client remains solely responsible for the content they publish and for their use of the application.
13. Force majeure
Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the Code civil (French Civil Code).
14. Governing law and disputes
These terms are governed by French law. The parties will first seek an amicable solution; failing that, the dispute will be brought before the competent courts for Tonappli's place of business.