Draft version
Terms of sale
This document will be reviewed by legal counsel before commercial launch.
Purpose and scope
These terms of sale govern the sale of licenses to use the vApp software by OPTINOC, SASU with share capital of €1,000, SIREN 850 573 932, Trade and Companies Register of Créteil, EU VAT number FR38 850573932, registered office: 10 allée Louis Breguet, 94310 Orly, France, contact: info@optinoc.com. vApp is a Mac application, sold as a software license rather than an online subscription service, that runs Windows virtual machines locally on the user’s Mac. These terms apply to consumer customers (Individual offer) and business customers (Business offer). Placing an order implies acceptance of these terms.
Offers
Two annual license offers are available: (1) the Individual offer, for natural persons acting for purposes outside their trade or profession, valid for one Mac; (2) the Business offer, for professionals, sold per seat, one seat corresponding to one Mac. Both offers include every vApp feature, plus one year of updates and technical support.
System requirements
vApp requires a Mac with Apple Silicon running macOS 15 or later. A Windows license is not included and must be obtained separately from Microsoft. Customers should check, for example with the free trial, that vApp suits their needs and setup before buying.
Free trial
A 14-day free trial is available once you create a free account, with no payment details required. vApp can only be downloaded from the customer account. When the 14-day trial ends, vApp asks for a license to keep working; otherwise it is blocked as described in the “Term and renewal” section.
Orders and customer account
Purchases, license and seat management, and invoices are all handled online in the customer account. Before confirming an order, the customer can review its details and total price and correct any mistakes. The order is concluded once payment is confirmed; a confirmation is then sent by email and the invoice is made available in the customer account. Customers are responsible for keeping their login details confidential.
Prices and payment
Individual offer: €49.99 per year including VAT, for one Mac. Business offer: €69.99 excluding VAT per seat per year; from 3 seats, €59.99 excluding VAT per seat per year; VAT is added according to the customer’s country and status. The applicable prices are those displayed when the order is placed. Payment is made online by card, in a single payment, through Stripe (Stripe Payments Europe, Ltd., Ireland), our payment processor. Card data is handled by Stripe and is never recorded or stored by OPTINOC.
Access to the software
As soon as payment is confirmed, the license is linked to the customer’s account and the software can be downloaded from the customer account. Activating the license requires a customer account and an internet connection. vApp’s activation server records the activation: license identifier, Mac identifier and activation date (see the Privacy Policy). No physical media is shipped.
Term and renewal
Each license runs for one year from activation. Renewal is manual by default: it is done from the customer account, where its terms, including the price for the renewed period, are shown before any payment. Automatic renewal is optional: the customer can switch it on or off at any time from the customer account, and switching it off takes effect at the end of the current period. Where automatic renewal is on, the price for the renewed period is stated to the customer before any charge. For consumer customers with automatic renewal on, OPTINOC sends an email reminder at the earliest three months and at the latest one month before the end of the period in which renewal can be refused, in accordance with article L215-1 of the French Consumer Code. For the Business offer, renewal covers the seats that are still active. At expiry, unless the license is renewed, vApp is blocked until the customer renews it or buys a new license; the customer’s virtual machines and files stay on their Mac and are not deleted.
Right of withdrawal
Consumer customers (Individual offer) may withdraw from the contract within 14 days of its conclusion without giving any reason. To do so, they send a clear statement to info@optinoc.com or through the Contact page of the website, using the model form below if they wish. OPTINOC refunds all amounts paid within 14 days of receiving the request, using the same payment method as the original order; the related license then ends. If a consumer expressly requests immediate access to the software and expressly waives the right of withdrawal (article L221-28 13° of the French Consumer Code), that right is lost as soon as the download or activation of the license begins. Renewing a license that is already running, automatically or not, does not reopen this period. Business customers (Business offer) have no right of withdrawal.
Model withdrawal form
The model form is available on request from info@optinoc.com. It reads as follows: “To OPTINOC, 10 allée Louis Breguet, 94310 Orly, France, info@optinoc.com: I hereby give notice that I withdraw from my contract for the supply of the following digital content: …; ordered on: …; name of consumer: …; address of consumer: …; signature of consumer (only if this form is notified on paper); date: ….”
License to use
OPTINOC grants the customer a personal, non-exclusive, non-transferable right to use vApp for the term of the license, on the number of Macs covered by the offer purchased. Activation requires a customer account and an internet connection; vApp’s activation server records the license identifier, the Mac identifier and the activation date. A license (or, under the Business offer, a seat) works on one Mac at a time. To move it to another Mac, the customer deactivates it from the customer account and then activates it on the new Mac. The customer may not copy, modify, decompile or disassemble the software, except where permitted by law, nor rent, assign or make it available to third parties. OPTINOC retains all intellectual property rights in vApp and its documentation.
Intellectual property and source code
vApp is proprietary software. The software, its source code and object code, its interfaces, its documentation and the vApp brand are the exclusive property of OPTINOC and are protected by the French Intellectual Property Code, in particular by copyright in software (Articles L112-2 13° and L122-6). The license grants only a personal, non-exclusive, non-transferable right to use the software for its term; it confers no right to the source code, which is never provided. Any copying, modification, adaptation, translation, decompilation or reverse engineering is prohibited, except within the limits set by Article L122-6-1 of the French Intellectual Property Code. All rights not expressly granted are reserved.
Third-party components
vApp may include third-party components distributed under their own licenses, including open-source licenses. These components remain the property of their authors and are governed by their respective licenses. The list of these components and their licenses is available on request from info@optinoc.com.
Updates and support
During its term, each license includes vApp updates and technical support, available by email at info@optinoc.com or through the Contact page. The app lets you know when a new version is available.
Statutory guarantees
Consumer customers benefit from the statutory guarantee of conformity for digital content and services set out in Articles L224-25-12 et seq. of the French Consumer Code. For continuous supply such as an annual license, this guarantee covers any lack of conformity that appears during the whole term of the license. In that case, the consumer may have the software brought into conformity or, failing that, obtain a price reduction or terminate the contract, under the conditions set by law. Nothing in these terms limits these guarantees.
Liability
vApp runs virtual machines on the customer’s Mac, and the customer alone is responsible for backing up their virtual machines and data. OPTINOC is not liable for indirect damage, such as loss of data, revenue or business, nor for damage resulting from use that does not follow the documentation or from hardware that does not meet the system requirements. These limitations do not apply in the event of gross negligence or willful misconduct and do not reduce any rights consumers have under the law.
Personal data
Personal data collected when creating an account, placing an order or contacting support is processed in accordance with the Privacy policy available on the website.
Mediation, governing law and disputes
These terms are governed by French law. In the event of a dispute, the customer is invited to contact OPTINOC first at info@optinoc.com to seek an amicable solution. Consumers may refer the matter free of charge to the following consumer mediator: [mediator to be completed: name, website and address]. If no agreement is reached, consumers may bring the matter before the competent court under the rules of the French Consumer Code, including the court for the place where they lived when the contract was concluded. For business customers, the Commercial Court of Créteil has exclusive jurisdiction.
