Terms of sale

1. Purpose

These terms govern the sale by Nexal IT of licences to use the Cram Studio software, referred to below as the "Pro licence".

Placing an order constitutes unreserved acceptance of these terms. The terms that apply are those in force on the date of the order.

2. The product

Cram Studio is a desktop archive management application. Downloading and using it is free. The Pro licence unlocks additional features of the graphical interface, listed on the product page.

The cram command-line tool is distributed separately under the MIT or Apache 2.0 licence. It carries no restrictions and is not covered by this contract.

The purchase is of an activation key delivered by email. The key is perpetual. It activates the software on three machines at once; a machine left inactive for 180 days automatically releases its seat.

The software periodically renews its authorisation with the seller’s servers and works offline between renewals. An internet connection is required for initial activation and for renewals.

Should the seller cease operating the activation service, a permanent authorisation will be published, allowing the Pro features to be used without activation or connectivity. The licence therefore remains usable independently of the seller continuing to trade.

System requirements and known limitations are stated on the product page and should be read before purchase.

3. Price

The Pro licence costs €34.99 per key, stated in euros and inclusive of all taxes. No additional charges apply.

VAT is not applicable under article 293 B of the French general tax code.

Should the seller become liable for value added tax, in particular in respect of cross-border digital sales within the European Union, the applicable rate is that of the buyer’s country of residence. The price displayed at the time of the order is in all cases the price due.

4. Ordering and payment

Orders are placed through the online payment page, where the buyer enters an email address, accepts these terms and, if acting as a consumer, the waiver set out in article 6.

Payment is processed by Stripe Payments Europe. Nexal IT has no access to card details and stores none.

The sale is concluded when payment is captured. Confirmation is sent by email.

5. Delivery

The activation key is sent immediately after payment is confirmed, to the email address given at checkout, from cram-license@nexalit.fr.

If the key has not arrived within an hour, check the spam folder and then write to cram-support@nexalit.fr. Any key not received is reissued free of charge and without condition.

6. Right of withdrawal

Under article L221-18 of the French Consumer Code, a consumer ordinarily has fourteen days in which to withdraw from the contract.

Article L221-28 13° of the same code disapplies that right for digital content not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and express acknowledgement that the right of withdrawal is thereby lost.

Before paying, a consumer buyer must accept the following statement: "Je demande l’exécution immédiate du contrat et je renonce expressément à mon droit de rétractation de 14 jours." The order cannot be completed without it.

That consent is timestamped, retained, and restated in the confirmation email, which serves as confirmation of the contract on a durable medium.

Because the key is delivered immediately, performance is deemed to have begun when the confirmation email is sent.

7. Legal guarantees

The seller remains bound by the statutory guarantee of conformity under articles L217-1 et seq. of the Consumer Code and the guarantee against hidden defects under articles 1641 et seq. of the Civil Code.

As digital content, articles L224-25-12 et seq. of the Consumer Code apply. The obligation to supply the updates needed to keep the software in conformity is set out in article L224-25-25.

Nothing in these terms deprives a consumer of the benefit of those guarantees.

8. Liability

The software operates on archives and files. The buyer is solely responsible for maintaining backups, and is expressly advised to hold a current backup before any destructive operation.

The seller’s liability shall not exceed the price actually paid for the licence and does not extend to indirect loss.

These limits do not apply to the statutory guarantees in article 7, nor in cases of wilful misconduct or gross negligence, nor to personal injury.

9. Personal data

Processing relating to the purchase and the licence is described in our privacy policy. It covers the buyer’s email address, the order reference, a random installation identifier and the record of the consent described in article 6.

Buyers have rights of access, rectification, erasure, restriction, objection and portability, exercisable at contact@nexalit.fr, and may lodge a complaint with the French CNIL.

10. Complaints and after-sales

Complaints may be sent to cram-support@nexalit.fr. We reply within five business days.

Refunding an order automatically revokes the associated licence.

11. Consumer mediation

Under article L612-1 of the Consumer Code, a consumer is entitled to free recourse to a consumer mediator for the amicable resolution of a dispute, having first attempted to resolve it directly with the seller by written complaint.

Nexal IT is currently completing its registration with an approved mediator. Their contact details will be published in this article once that registration takes effect. In the meantime, any complaint may be sent to cram-support@nexalit.fr.

12. Governing law and jurisdiction

These terms are governed by French law.

They are drafted in French. Any translation is provided for information only; in the event of divergence the French version prevails.

Nothing in this article deprives a consumer resident in another European Union member state of the protection afforded by the mandatory provisions of the law of their country of residence, nor of the right to bring proceedings before its courts.