Terms of Sale

Terms and Conditions of Sale for the Delta Service.

Preamble

These Terms and Conditions of Sale, hereinafter the “Terms”, govern subscriptions to the paid plans of the Delta software, hereinafter the “Service”, published by:

Delta Labs SAS, a French simplified joint-stock company with a share capital of EUR 1,000, registered with the Niort Trade and Companies Register under number 102 094 448, SIRET 102 094 448 00010, whose registered office is located at 11 BIS Allée du Muguet, 79200 Parthenay, France.

• Intra-Community VAT number: FR36102094448
• Email address: admin@mydelta.app
• Telephone: +33 7 66 80 89 66
• President: Grégory Ilan Muschel

Delta is intended exclusively for practitioners using the Service in connection with their professional activities. The Service is not offered to consumers acting for purposes outside their trade, business or profession.

Subscription to and use of the Service are also governed by the Terms of Use, the Privacy Policy and, where the User processes personal data for which they act as data controller, the Data Processing Agreement.

Article 1 — Purpose and scope

These Terms define the commercial conditions under which Delta Labs provides the User with paid access to the Service.

By subscribing, the User represents that they:

• act in connection with their professional activities;
• have the legal capacity and authorisations required to engage in those activities;
• have reviewed the applicable legal documents presented before subscription;
• provide accurate and up-to-date billing information.

Any specific conditions displayed on the Stripe subscription page, including the selected plan, billing interval, currency, taxes, discounts and total amount, supplement these Terms. In the event of a conflict concerning an element specific to the order, the summary expressly confirmed during subscription shall prevail.

Article 2 — Subscription process

To subscribe to a paid plan, the User must:

1. have a Delta Account;
2. have completed the Profile Setup and accepted the required legal documents;
3. select a plan and billing interval in Delta;
4. review the summary presented on Stripe’s secure page;
5. provide the billing information and payment method that may be required;
6. definitively confirm the subscription in Stripe.

Before confirmation, the User may review and correct the information presented.

The order becomes binding when the User confirms the subscription in Stripe. Activation of the paid plan remains subject to validation of the payment and subscription by Stripe.

Delta retains the reference of the accepted versions of the legal documents, their fingerprint, the language presented and the acceptance timestamp. The User may access the legal documents in force from the pages provided for this purpose.

Article 3 — Available plans

3.1 Delta Free plan

Delta Free is available without payment. It provides access to a limited set of features and quotas, the current characteristics of which are presented in the Service.

Delta Labs may change the features and limits of the free plan, provided that such changes do not affect a period already paid for under a Delta Pro subscription.

3.2 Delta Pro trial

After completing the Profile Setup, an eligible new User may receive a fourteen-day Delta Pro trial.

This trial:

• does not require a payment card;
• does not result in any automatic charge;
• does not automatically convert into a paid subscription;
• automatically returns to Delta Free when it expires if the User does not subscribe.

The User may subscribe to Delta Pro during the trial. In that case, the paid subscription and billing begin as soon as the subscription is confirmed in Stripe, even if the trial period has not ended.

Unless otherwise indicated by Delta Labs, the trial may only be used once per User.

3.3 Delta Pro plan

Delta Pro provides access to the features and capabilities presented on the pricing page and in the Service, including the generation of session reports without a monthly limit as part of normal professional use.

The subscription is available with monthly or annual billing.

3.4 Complimentary access

Delta Labs may grant certain Users complimentary access to Delta Pro for a specified period. This access is not a paid subscription and does not result in any charge. When it expires, the User automatically returns to Delta Free unless they separately subscribe to a paid plan.

Article 4 — Prices, taxes and discounts

4.1 Price applicable to the subscription

Current prices are presented in Delta before the payment flow opens. They may depend on the plan, billing interval, currency, billing country and any applicable discount.

Before confirmation, Stripe presents the price applicable to the subscription, the taxes actually calculated, any discounts and the total amount due. This summary constitutes the commercial information specific to the order.

No commercial amount displayed on an earlier page or communication replaces the amount expressly confirmed by the User in Stripe.

4.2 Currency

Delta’s reference prices are established in euros. Depending on the country, payment configuration and available payment methods, Stripe may offer display or payment in another currency.

The billing currency, any applicable exchange rate and the final amount are presented before confirmation. The User’s bank may apply its own exchange or international transaction fees, over which Delta Labs has no control.

4.3 Promotion codes and personal offers

A discount may be offered through:

• a promotion code that can be used in Stripe;
• a personal offer granted by Delta Labs;
• a commercial campaign subject to specific conditions.

Each discount may include eligibility requirements, a start date, an expiry date, a duration, a maximum number of redemptions or a specified billing interval.

Unless otherwise stated, discounts cannot be combined. The amount, duration and conditions actually applicable are those displayed in Stripe before confirmation.

The expiry of a discount does not necessarily terminate the subscription. Where a discount is followed by billing at the standard price, this consequence must be presented to the User before subscription.

4.4 Price changes

Delta Labs may change the prices applicable to future renewals.

Any price increase affecting an existing subscription shall be communicated to the User on a durable medium at least thirty days before it takes effect. The new price shall not apply retroactively to a period that has already been paid.

The User may cancel their subscription before the relevant renewal if they do not accept the new price.

Article 5 — Payment and invoicing

The subscription price is payable at the beginning of each monthly or annual period.

Payment is processed by Stripe. Delta Labs does not receive or retain the full payment card number or its security code. Stripe may require additional authentication in accordance with the requirements of the User’s bank or payment method.

The User authorises Stripe to use the registered payment method for successive subscription renewals until cancellation.

Invoices and billing history are available in the Stripe billing portal opened from Delta’s settings.

No discount is granted for early payment.

Where French rules relating to late payments between professionals apply, any amount not paid when due shall automatically result, without prior reminder, in:

• late-payment interest calculated at the rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points;
• a fixed recovery fee of forty euros;
• additional compensation, supported by evidence, where the recovery costs actually incurred exceed that amount.

Article 6 — Term and renewal

The subscription is entered into for the selected billing interval:

• one month for monthly billing;
• twelve months for annual billing.

It renews automatically for successive periods of the same duration until it is cancelled or replaced with another billing interval.

The next renewal date is displayed in Delta or in the Stripe billing portal.

Article 7 — Change of billing interval

The User may request a change from monthly to annual billing or from annual to monthly billing through the Stripe portal, where this feature is available.

Before confirmation, Stripe displays:

• the new billing interval;
• its effective date;
• the applicable price;
• any credits, adjustments or amounts due.

The change takes effect on the date expressly presented in Stripe. Where it is scheduled for the end of the current period, the existing rights and billing interval remain applicable until that date.

Article 8 — Cancellation

The User may schedule cancellation of their subscription through the Stripe portal accessible from Delta’s settings.

Unless otherwise indicated at the time of the operation, cancellation takes effect at the end of the current billing period. The User retains Delta Pro until that date.

Amounts already paid for the current period are not refunded in proportion to the remaining time, except where otherwise required by law or expressly decided by Delta Labs.

Cancellation of the paid subscription does not automatically delete the Account.

Article 9 — Payment failure

If a payment fails, Stripe may ask the User to update their payment method, authenticate the transaction or pay an outstanding invoice.

During the recovery procedure managed by Stripe, Delta Labs may temporarily maintain access to Delta Pro. This continued access does not constitute a waiver of payment or a guarantee that the Service will remain permanently available.

If the subscription becomes unpaid, is cancelled or ends following the Stripe process, access to Delta Pro ends and the Account returns to Delta Free, unless another valid Pro entitlement applies.

Article 10 — Consequences of the end of the subscription

When Delta Pro ends:

• the Account remains accessible under Delta Free;
• the features and quotas of Delta Free become applicable;
• Account data is not automatically deleted solely because the subscription has ended;
• previous invoices remain available in the Stripe portal for their applicable availability period.

The User may delete certain data using the features available in Delta or request deletion of their Account and the relevant data by contacting admin@mydelta.app.

Data that must be retained to comply with a legal obligation, establish evidence, handle a dispute, ensure the security of the Service or comply with data-processing commitments may be retained for the strictly necessary period. Further details are provided in the Privacy Policy and the Data Processing Agreement.

Article 11 — Switching provider and professional data portability

Where the European Data Act applies to the Service, the User may request:

• the transfer of their exportable data to another provider;
• the transfer of such data to infrastructure under their control;
• or retrieval of such data before the Account is deleted.

Requests must be sent to admin@mydelta.app. Delta Labs provides the information and reasonable assistance necessary for the switching process.

Categories of exportable data include, where they exist and are retained in the Service:

• professional information and settings provided by the User;
• patient records created by the User;
• session data;
• notes entered by the User;
• transcripts and reports retained in Delta.

Data exclusively required for internal operation, security or the protection of Delta Labs’ trade secrets may be excluded where it was not directly generated by the User and does not directly relate to the User. Such exclusion must not prevent the transfer of exportable data.

The notice period before the switching process begins shall not exceed two months. Except in the event of particular technical difficulties provided for under applicable law, the transitional period shall not exceed thirty calendar days. The Service remains applicable during this transitional period.

After the transitional period, exportable data remains available for retrieval for at least thirty calendar days. It is then deleted at the User’s request or after a successfully completed switching process, subject to legal retention obligations and technical backup cycles.

Delta Labs does not charge specific fees for switching provider.

Cancellation of Delta Pro and return to Delta Free do not, by themselves, constitute a request to switch provider or delete data.

Article 12 — Changes to these Terms

Delta Labs may amend these Terms to take account in particular of:

• a legal or regulatory development;
• a change to the Service;
• a price change;
• a security requirement;
• a change to providers or processing activities;
• the correction or clarification of a provision.

Each version is separately identified and retained.

Depending on the nature of the change, Delta Labs may:

• publish the new version without individual notice where the change is purely formal and has no adverse effect;
• inform the User by email before it takes effect;
• require new express acceptance where the change is substantial and necessary for continued provision of the Service.

Email notice does not, by itself, constitute express acceptance.

Where express acceptance is required, the User has, during the announced notice period, the opportunity to review the new terms, accept them or manage their subscription. After the effective date, access to the Service may be restricted until acceptance is provided.

Delta Labs shall then ensure that a new paid period does not begin during a period in which access would be deliberately blocked solely for that reason. Late acceptance may require a new Delta Pro subscription.

Article 13 — Evidence

Electronic records retained by Delta Labs and Stripe may serve as evidence of transactions between the parties, including:

• the version and language of the documents presented;
• the fingerprint of the accepted documents;
• the identity of the Account;
• the date and time of acceptance;
• the technical information required to trace that acceptance;
• orders, payments, refunds and invoices;
• change or cancellation requests.

These records are retained under conditions designed to preserve their integrity, in accordance with the applicable rules of evidence.

Article 14 — Governing law and disputes

These Terms are governed by French law, subject to any mandatory provisions that may apply to the User in their country of establishment.

In the event of a dispute, the parties shall endeavour to find an amicable solution. The User may contact Delta Labs at admin@mydelta.app, describing the issue and the requested resolution.

If no amicable resolution is reached, the dispute shall fall within the jurisdiction of the competent courts determined in accordance with the applicable legal rules.

Article 15 — Language, severability and contact

These Terms are provided in French and may be translated into other languages.

The French version is the reference version. In the event of any discrepancy in interpretation between a translation and the French version, the French version shall prevail, subject to applicable mandatory rules.

If any provision is declared invalid or unenforceable, the remaining provisions shall remain in force.

For any question concerning these Terms:

• Email address: admin@mydelta.app
• Telephone: +33 7 66 80 89 66
• Postal address: Delta Labs SAS, 11 BIS Allée du Muguet, 79200 Parthenay, France