1. Purpose and Scope

These Terms and Conditions govern the access and use of the software solution Clap4Gen, published by Clap Partners France.
Clap4Gen is a SaaS application interoperable with SAP SuccessFactors that enables:
– creation and management of HR document templates,
– generation of personalized documents from SuccessFactors data,
– management of e-signature processes through certified providers (DocuSign, Certigna),
– archiving of documents in SuccessFactors, Clap4Gen, or any connected system.

These Terms and Conditions apply to any User authorized by the CLIENT.

2. Access and Compatibility

Access to Clap4Gen is limited to Users with the necessary permissions in SAP SuccessFactors.
The Software is accessible via a compatible web browser:
– Google Chrome / Chrome Enterprise,
– Firefox,
– Microsoft Edge,
– Safari.

3. Hosting and Data

Clap4Gen is hosted on secure infrastructure in Europe (AWS / SAP BTP).
The PROVIDER may change its hosting provider, provided hosting remains exclusively located in Europe.

HR data processed through Clap4Gen remains the exclusive property of the CLIENT.
The CLIENT is responsible for the legality, accuracy, and content of the processed data.

4. Service Availability

Monthly service availability rate: 99.9%.

Planned maintenance:
– once per month on Thursday evening (1 min to 4h),
– up to 4 times per year for major upgrades (10 min to 8h), generally outside business hours.

Exceptional downtime:
The service may be exceptionally interrupted for urgent corrective maintenance, with prior notice to the CLIENT whenever possible.

5. Backup and Continuity

– Daily backup of the Production environment (RPO: 24h).
– Recovery possible within 24h in case of incident (RTO: 24h).
– Availability statistics available upon request.

6. Updates and Upgrades

The Software is updated regularly (3 to 4 times per year on average).
These updates are included in the subscription, except for specific developments requested by the CLIENT, which are billed separately.

The PROVIDER supplies updated documentation with each new version.

7. Support and Corrective Maintenance

The CLIENT may submit requests through the dedicated support platform available 24/7.
The support team is available Monday to Friday, 9:00 a.m. – 6:00 p.m. (CET), excluding public holidays.

Response times:
– Blocking issue: acknowledgement within 4 business hours, correction within 24h.
– Major issue: acknowledgement within 24h, correction within 72h.
– Minor issue: acknowledgement within 48h, correction within 1 week.

Exclusions from corrective maintenance:
– abnormal or non-compliant use of the Software,
– any attempt to access or modify the source code,
– malfunctions attributable to third-party systems (SuccessFactors, DocuSign, Certigna, etc.).

8. E-signature and Archiving

Clap4Gen provides connectors with third-party providers (DocuSign, Certigna).
The CLIENT is responsible for configuring its signature and archiving workflows, as well as its data retention policy.

The PROVIDER assumes no liability regarding archiving policies applied by the CLIENT or its third-party systems.

9. Intellectual Property

Clap4Gen and all related documentation are the exclusive property of Clap Partners France.
The CLIENT is granted a limited, non-exclusive, and non-transferable right of use for the duration of the contract.

10. Liability

The PROVIDER cannot be held liable for indirect damages (loss of revenue, data, reputation, etc.).
Direct liability is limited to the total amount paid by the CLIENT for subscriptions during the last 12 months.

11. Termination

The contract may be terminated by operation of law in case of non-payment, abusive use, or serious breach of contractual obligations.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by French law.
Any dispute shall be subject to the exclusive jurisdiction of the courts of Paris, unless mandatory legal provisions of the CLIENT’s country apply.