SCMDrive LICENSE AGREEMENT
CONDITIONS OF USE AND SERVICE - 3/7/2024

Any CUSTOMER or USER of SCMDrive must have read and accepted these conditions.

You cannot use SCMDrive if you do not accept these conditions.

DEFINITIONS

CUSTOMER: Person or entity responsible for the accounts and payment of the subscription and the different invoices, for the entire TEAM. The CUSTOMER is necessarily a USER.

USER: Person with login CREDENTIALS, under the responsibility of the CUSTOMER.

TEAM: Group of USERS with access to the same SCM repository.

SCM: Source Code Manager in WINDEV, WEBDEV or WINDEV Mobile.

ACOUNT: Association of an email address and a password to access SCMDrive.

CREDENTIALS: Username (email address) and password used to log in to an ACCOUNT.

COMPANY: PCSCloud, SARL with a capital of €10,800, registered in the Montpellier Trade Register under number 752 609 941

SERVICE: Shared SCM hosting provided by the COMPANY.

OVERVIEW

THE COMPANY proposes an SCM shared hosting service named "SCMDrive".

This SERVICE is intended for users of WINDEV, WEBDEV and WINDEV Mobile in order to host in the cloud and to share the collaborative development database via "SCM" ("Source Code Manager") found in WINDEV, WEBDEV and WINDEV Mobile.

WINDEV, WEBDEV and WINDEV Mobile software must be in a version that supports SCMDrive.

The SCM data is encrypted and the communications with SCMDrive are encrypted.

SCMDrive is intended for a professional use.

DURATION AND SUBSCRIPTION

The subscription to SCMDrive can be canceled at any time. The cancellation will take effect on the expiry date of the current subscription.

There is a 1-month or 1-year commitment according to the subscription plan chosen. There is no commitment as to the number of USERS.

When the SCMDrive subscription expires, it will be renewed for a period equivalent to the one initially chosen by the CUSTOMER, unless it is terminated within the prescribed period.

Cancellation takes place upon CUSTOMER request at least 3 working days before the anniversary date of the current subscription. Cancellation is done directly in the Dashboard of the desired SCMDrive account. The working days go from MONDAY to FRIDAY, excluding bank holidays in metropolitan France.

The amounts already paid and/or invoiced are not reimbursed.

Payment is made in advance via SEPA Direct Debit; VISA or Mastercard cards. An invoice is automatically sent by email after each payment.

Any period started is due.

By making a payment for SCMDrive, you accept all the price conditions.

The prices and the General Sales Conditions can evolve. In this case, you will be notified by email or when you log into your account.

FINANCIAL CONDITIONS

The prices can be modified without notice.

When paying by credit card or SEPA Direct Debit, the debit is made according to the choice of the CUSTOMER, monthly (monthly subscription) or annually (annual subscription) on the anniversary date of the subscription, and for all new subscriptions.

In case of payment failure, the CUSTOMER account may be immediately suspended.

USE

The only authorized use of SCMDrive is the use of SCM in standard development and testing phases.

Any other use of the hosting service is not allowed.

Any illegal use of hosting service may trigger the closing of relevant accounts without notice. In this case, no invoiced amount will be reimbursed.

The COMPANY reserves the right to delete without notice any stored data other than "SCM" data.

SECURITY OF CREDENTIALS

Credentials are sent to the CUSTOMER via the SCMDrive portal.

The credentials are proof of the identity of the CUSTOMER or USER and bind them to any use made through them. They will be deemed to be a signature.

The CUSTOMER is fully and exclusively responsible for their username and password. He shall bear the consequences that may result from the use by third parties who are aware of them.

In case of forgotten password, the CUSTOMER has the ability to reinitialize it via a dedicated feature.

MANAGING THE USERS

Each service USER must own a personal ACCOUNT. An ACCOUNT cannot be shared between several USERS. In the event that this prohibition is circumvented, the COMPANY reserves the right to invoice the CUSTOMER immediately and without prior notice for each unregistered USER accessing SCMDrive, according to the applicable price list.

Regardless of the entry date of a new USER in a TEAM, the current month is billed. Example: if the start day of billing is 28, if a new USER is created on the 9th, a 1-month subscription will be due for the period from 9 to 28. 

SUPPORT AND TECHNICAL ASSISTANCE

SCMDrive technical support is provided exclusively by email. Support requests are sent via the SCMDrive portal.

The request will be processed during working hours, with no response time guarantee.

The reply will be sent by email to the specified address.

VOLUMES OF DATA

The number of connections per user is unlimited.

A storage volume is made available at no extra charge as part of the subscription. A specific subscription must be purchased when this storage volume is exceeded. Please refer to the price list.

The maximum amount of data that can be stored as part of the SCMDrive subscription is 300 GB. Beyond this volume, please check the other offers proposed by the COMPANY.

When the storage limit is nearly reached, a warning is emailed to the CUSTOMER. The CUSTOMER is responsible for making arragements in order to continue to use his SCMDrive account without constraint. For example: Reduce the size of the SCM repository, or subscribe to a higher storage capacity...

ARCHITECTURE

The repository is stored on a shared server dedicated to SCM storage, found in a datacenter located in France.

The repository is replicated on a shared server found in another datacenter located at a different place from the previous datacenter.

Additionally, the COMPANY also offers other SCM hosting services on unshared private servers.

SCMDrive performs backups of each repository at regular interval on a server other than the one exploited by the repository used.

We strongly advise each CUSTOMER to perform backups at regular interval on his own computer or server.

The CUSTOMER must open port TCP 4900 in output.

AVAILABILITY

The target availability rate is 99%.

If the SERVICE becomes unavailable, a refund will be made according to the time it was unavailable.

The COMPANY is in no case responsible for direct and indirect damages that may occur especially a commercial prejudice, loss of customers, any commercial disorder, loss of profits, loss of image or any unfairly deemed competitive action such as loss of market, etc.

REVERSIBILITY

The CUSTOMER can copy his SCM at any time on the computer of his choice. This action can trigger an invoicing according to the conditions of current price list.

In case of SERVICE termination, the CUSTOMERS will be informed with a 60-day notice. The CUSTOMER will be able to retrieve his data at no cost. Annual subscriptions will be reimbursed on a prorata temporis basis.

FORCE MAJEURE

The COMPANY shall not be held liable in the event of force majeure.

PROPERTY

The data found in SCM remains the property of the CUSTOMER.

The data found in SCM remains the responsibility of the CUSTOMER.

The COMPANY will not access the CUSTOMER's data, except through security and maintenance tools, such as anti-virus software, and content verification tools.

VARIOUS

Except for the specific cases indicated in this contract, any failure of either party to perform any of its obligations under this contract, will, without prejudice to any damages, trigger its termination on the initiative of the creditor 30 days after sending a demand to execute, by registered letter with acknowledgment of receipt, remained ineffective.

The invalidity or unenforceability of any of the provisions of the Contract shall not constitute nullity, caducity, absence of binding force or unenforceability of other stipulations, which will still apply.

The Contract is subject to French law.

For the execution of the present terms and its consequences, the Parties elect domicile at the registered office of THE COMPANY.