These Terms of Use (“Terms”) govern the conditions under which Waive (“the Company”) provides its professional clients (“the User”) access to its SaaS platform, available at waivecover.com, which enables them to offer their own end-customers the option to pay either a refundable security deposit or a non-refundable waiver after booking. By registering for and using the Waive platform, the User agrees to be bound by these Terms in full.
2.1. Access to the service requires the creation of a professional account.
2.2. The User must provide accurate, complete, and up-to-date information, including a valid email address.
2.3. The User is solely responsible for maintaining the confidentiality and security of their login credentials. Waive shall not be held liable for any loss or damage resulting from misuse of credentials.
3.1. The Waive platform enables Users to offer their end-customers:
3.2. Waive acts solely as a technical service provider. The User remains fully responsible for its contractual relationship with its end-customers, including any terms governing refunds or non-refundable payments.
4.1. Subscription: €4.90 (excl. VAT) per listing, per month.
4.2. Commission: 15% (excl. VAT) on each transaction processed through the platform.
4.3. All invoiced amounts are payable according to the terms stated on the invoice.
4.4. Payments already made are non-refundable, including in cases of early termination.
The User agrees to:
Waive shall use reasonable efforts to ensure the availability and security of the platform. However, Waive is bound only by a best-efforts obligation and makes no warranty of uninterrupted service, performance, or specific results.
7.1. Waive’s liability shall be strictly limited to proven direct damages arising from its own fault.
7.2. In all cases, Waive’s liability shall not exceed, per contractual year, the total amount invoiced to the User during the twelve (12) months preceding the event giving rise to liability.
7.3. Waive shall not be liable for:
8.1. The platform, its code, features, design, and all related content are the exclusive property of Waive and are protected under intellectual property law.
8.2. No transfer of ownership is granted. The User is granted only a limited, non-exclusive, and non-transferable right to use the platform for the duration of their subscription.
9.1. Waive collects and processes certain personal data necessary for the operation of the service.
9.2. All processing is carried out in compliance with the General Data Protection Regulation (GDPR) and applicable French and EU data protection laws.
9.3. Details of data processing are set out in the separate Privacy Policy, which the User must accept in addition to these Terms.
10.1. The agreement is concluded for an indefinite term starting from acceptance of these Terms.
10.2. The User may terminate their subscription at any time with one (1) month’s prior notice, by written request or through their customer account.
10.3. All fees already paid remain the property of Waive and will not be refunded.
10.4. Waive reserves the right to suspend or terminate a User’s account in the event of material breach of these Terms.
Neither party shall be liable for failure to perform its obligations due to events beyond its reasonable control, as defined under Article 1218 of the French Civil Code and relevant case law.
12.1. These Terms are governed by French law.
12.2. In case of a dispute, the parties shall first seek an amicable solution and, failing that, agree to attempt mediation.
12.3. If mediation fails, disputes shall be brought before the courts having jurisdiction over the registered office of Waive.