Halyx end-user licence agreement

This English version is a translation provided for convenience only. In the event of any discrepancy, the French version prevails (see article 21.3).

Terms of use and end-user licence agreement.

1. Who we are

The Halyx software is published and sold by:

• Morgan Sanchez EI (sole trader, entrepreneur individuel), registered name “MONSIEUR MORGAN SANCHEZ”, trading name Halyx;
• registered with the French National Business Register (Registre national des entreprises, RNE), SIREN 852 341 536;
• establishment: 142 rue de Rivoli, 75001 Paris, France (SIRET 852 341 536 00021);
• EU VAT number: FR54852341536;
• email: contact@halyxapp.com.

In this document, it is referred to as “the Seller”, “we” or “us”.

2. Definitions

• Software: Halyx, that is, the program installed on a computer, its interface (displayed on that computer or, over the local network, on other devices), its documentation, the fixture profiles supplied, the demo show and the updates.
• User, you: any person who installs or uses the Software.
• Customer: a User who has an Account and, where applicable, a Licence.
• Consumer: a natural person acting for purposes outside their trade, business, craft, profession or farming activity.
• Business User: a User acting for the purposes of their professional activity (company, freelance technician, public body…).
• Non-professional: a legal person not acting for professional purposes (association, amateur theatre company…). It benefits from the same rules as the Consumer for articles 17 and 20.
• Account: the Halyx account created with an email address and a password.
• Licence: the right to use the live output of the Software, according to a plan (Solo, Pro, Unlimited), obtained by subscription, by trial or with a gift code.
• Machine: a computer on which the Software is installed, recognised by a fingerprint (see article 7.1).
• Live output: the sending of control signals to real devices, through a USB-DMX interface or over the network (Art-Net, sACN).
• Universe: a set of 512 DMX channels.
• Screen: any device (computer, tablet, phone) that displays the interface of the Software from a Machine.
• Show Data: everything you create in the Software (patch, lighting plot, cue lists, pages, profiles created, .halyx show files, backup copies).
• Terms of Sale: Halyx's general terms and conditions of sale, which govern the purchase of Licences.
• Privacy Policy: the document that describes the processing of your personal data.
• Security Policy: the document that describes the security of the Software, its support period and how to report a vulnerability to us.

3. Purpose and applicable documents

1. This document sets out the conditions under which you may use the Software.
2. The purchase of a Licence (price, payment, term, renewal, cancellation of the subscription, right of withdrawal, legal guarantees) is governed by the Terms of Sale.
3. The processing of your personal data is described in the Privacy Policy.
4. In the event of a conflict: the Terms of Sale prevail for everything relating to the sale; this document prevails for everything relating to the use of the Software.

These documents are available at any time in the Software, under Settings › Legal documents, and on request at contact@halyxapp.com.

4. Acceptance

1. With an Account: you accept this document by ticking the box provided when creating your Account.
2. Without an Account: by installing or using the Software, you accept this document, which you can read at any time under Settings › Legal documents. If you do not accept it, do not install the Software, or uninstall it. Articles 1 to 5, 9, 11 to 13 and 15 to 21 then apply to your use.
3. If you are acting on behalf of a company or an organisation, you represent that you have the authority to bind it.

5. Unlicensed mode

1. The Software can be used free of charge, without an Account and without a Licence. This mode is called “demo mode” in the Software.
2. In this mode, all features are available except live output: no signal is sent to devices through the USB-DMX interface, Art-Net or sACN. The visualiser works.
3. This mode is intended for discovering the Software, preparing a show and visualising it. It does not entitle you to any particular support.
4. Right granted: subject to compliance with this document, the Seller grants you, free of charge, a non-exclusive and non-transferable right, worldwide and for an indefinite period, to install the Software on the Machines of your choice, to reproduce it to the extent necessary for that installation, and to run and display it in unlicensed mode, for your personal or professional needs. You may make a backup copy of the Software.

6. Licence granted

6.1 Scope

1. Subject to compliance with this document and, for a paid Licence, to payment of the price, the Seller grants you a right to use the Software, including live output, which is:
   • non-exclusive: the Seller may grant the same rights to others;
   • non-assignable and non-transferable: you may not assign, sell, rent or sublicense it, unless the Seller agrees in writing;
   • per activated Machine: up to the number of Machines provided for by your Licence;
   • within the Universe limit of your plan;
   • for the term of your Licence;
   • worldwide.
2. This right covers installing, running and displaying the Software for your personal or professional needs, including to provide lighting services to your own clients.
3. The number of Screens connecting to a Machine is not limited by the Licence.

6.2 Plans

1. Prices, billing frequency (monthly or annual) and payment terms are set out in the Terms of Sale.
2. A Licence covers the number of Machines chosen at purchase (the “quantity”). This number can be changed under the conditions of the Terms of Sale.
3. Counting Universes: a Universe counts if it has at least one patched fixture and is sent to a live output. A plan of N Universes always unlocks Universes 1 to N (Solo: 1 and 2); you choose in the Outputs screen on which ports of your nodes each one is output, and a Universe sent to several ports counts once. A Universe used beyond N remains visible in the visualiser only. The Software informs you of this.

6.3 Trial

1. A free 14-day trial of the Solo plan is offered, with no bank card required.
2. It is granted only once per Account and only once per Machine, on the first activation of a Machine by an Account that has never had a Licence.
3. At the end of the trial, the Software returns to unlicensed mode, under the conditions of article 7.3, unless you have subscribed to a plan or redeemed a gift code. The trial never turns into a paid subscription on its own.

6.4 Gift codes

1. A gift code grants a Licence for a plan, for a number of Machines and for a duration stated when the code is issued. Some codes have a redemption deadline.
2. A code can be used only once. It cannot be redeemed if a Licence is already active on the Account, except a trial: the trial then ends and is replaced by the code's Licence.
3. A gift code is neither refundable nor exchangeable for cash.
4. A code “with no end date” grants a Licence that runs for as long as the Seller operates the Software, subject to articles 6.4.5, 14 and 15. Like any Licence, it requires the Machine to renew its authorisation online at least once every 7 days (article 7.2).
5. Subscription taken out during a trial or a Licence obtained with a gift code: when the subscription is activated, the trial or the code's Licence ends permanently, even if time remained or if it had no end date. It does not resume at the end of the subscription, except on withdrawal: it then resumes until its original end date (Terms of Sale, clause 13.4.2). The Software warns you of this before payment.

7. Activation and offline use

7.1 Activation

1. To use live output, you must sign in to your Account from the Machine. The Software then activates the Machine on your Licence. The Licence follows the Account signed in on the Machine.
2. A Machine is recognised by a fingerprint calculated from the identifier that the operating system assigns to the computer. This fingerprint is transformed (hashed) before being sent: the identifier itself never leaves the Machine.
3. Reinstalling the operating system or changing certain components may change the fingerprint. The Machine then counts as a new Machine: release the old one (article 8).

7.2 Offline authorisation

1. Once activated, the Machine receives a signed authorisation, valid for no more than 7 days, which allows live output to be used without an Internet connection. For a subscription, it never lasts beyond the end of the paid period plus 7 days. During a trial, during the withdrawal period of a subscription (Terms of Sale), and while a subscription payment is pending, this authorisation is valid for no more than 3 days.
2. The Software renews this authorisation when the Machine is connected to the Internet: at start-up, every 24 hours and after each action on the Account.
3. This renewal also requires your Account to remain signed in on the Machine. If the Account sign-in is no longer accepted (for example after a password change), the authorisation is no longer renewed: sign in again. The Machine must therefore connect to the Internet, with your Account, at least once every 7 days (every 3 days during a trial or the withdrawal period, or before your Licence ends, if sooner) to keep live output.
4. If the Machine's clock goes back by more than 2 hours compared with the last date seen by the Software, the Software ignores the authorisation until the next online renewal.
5. An Internet connection is also needed to create the Account, activate a Machine, make a purchase, redeem a gift code and manage the subscription.

7.3 Increase and decrease of rights

1. An increase in your rights (purchase, upgrade to a higher plan, gift code) applies immediately. A subscription replaces the trial or the Licence obtained with a gift code in progress (article 6.4.5).
2. The Software is designed not to reduce live output while it is running: a decrease in your rights (end of Licence, revocation, Machine released from another Machine) applies at the next restart of the Software on the Machine concerned, once the Machine has received this decrease online (article 7.2). The Software indicates that a restart will change your rights.
3. Exception: when you sign out of your Account on a Machine, or delete it from that Machine, that Machine switches immediately to unlicensed mode (articles 8.2 and 10.5).
4. Other exception: the Machine's authorisation never lasts beyond the end of your Licence known when it is issued or renewed; a Licence that ends earlier after that renewal leaves the authorisation already issued running until it expires. When it has expired without being renewed (Machine left without a connection with your Account, end of Licence, revocation, Account deleted from another Machine), the Software warns you and live output continues for 72 hours; after that, the Machine switches to unlicensed mode, even without a restart.
5. While the Software is running, nothing shifts: a fixture patched on a Universe beyond your plan is not output, and never interrupts a Universe already being output.

8. Machine transfer

1. You can release a Machine at any time from the Account screen, or transfer it (activate a new Machine in place of another when the maximum number is reached).
2. Releasing a Machine, or signing out of the Account on it, stops its live output at once: it switches to unlicensed mode. Its seat on your Licence, however, only comes back at the end of the offline authorisation that Machine already holds (article 7.2), plus 72 hours: a Machine left offline could use it until then. To reuse a seat sooner (activate another Machine at once, or transfer), an Account has 3 early releases per rolling period of 30 days, sign-outs, releases and transfers combined. Signing out and back in on the same Machine uses none: you can reactivate it, within the number of Machines of your Licence.
3. Beyond the limit, or in case of a problem (Machine lost, stolen, broken), write to us at contact@halyxapp.com: we can release a Machine after verification.
4. A Machine released from another Machine returns to unlicensed mode under the conditions of article 7.3.

9. What is prohibited

Except where expressly permitted by law, you must not:

1. circumvent the Licence: modify, disable or deceive the checking of the Licence, of the offline authorisation or of the Machine fingerprint (for example by tampering with the clock, by cloning a system identifier to run several Machines under a single activation, or by modifying the program), or obtain more than the Licence allows by any other means: in particular by running the Software several times on the same Machine to exceed the number of universes of the Licence, or by collecting the data the Software sends to its screens (or through any other interface) to produce, with another program or device, a lighting output (DMX, Art-Net, sACN…) that the Licence does not allow;
2. decompile, disassemble or reverse engineer the Software, except within the limits permitted by article L122-6-1 of the French Intellectual Property Code (in particular to obtain the information necessary for interoperability, under the conditions it sets);
3. resell, rent, lend, sublicense or assign the Software, a Licence or an Account, unless the Seller agrees in writing;
4. share your Account: give your credentials to a third party, or use the same Account for several separate persons or organisations (for example several companies). Providing services to your own clients remains permitted (article 6.1.2). A Business User may allow its staff to use the activated Machines; it remains responsible for their use;
5. reproduce or distribute the Software beyond what this document permits;
6. remove or alter proprietary notices (name, trade mark, copyright notices, third-party licences);
7. use the Software unlawfully, or in a way that infringes the rights of others;
8. attempt to gain unauthorised access to the Seller's online services (other users' accounts, servers, administration features), or deliberately overload them.

The rights that the law grants you and from which a contract cannot derogate remain unaffected.

These prohibitions do not apply to security research carried out in good faith in accordance with the rules of the Security Policy.

10. Your Account

1. Accuracy: you provide an accurate email address that you check, and you keep it up to date. It is used to confirm your Account, to reset your password and to send you information about your Licence.
2. Security: your password is personal and confidential. Choose a strong one that you do not use elsewhere. Notify us without delay at contact@halyxapp.com if you think a third party has obtained it. Business User: actions taken with your credentials are presumed to have been taken by you, unless you have reported their loss or theft to us.
3. Age: you must be 18 or over. A minor may create an Account or take out a Licence only with the consent of their legal representative, who then accepts this document on their behalf.
4. One Account per person or per organisation. The Seller may refuse to create an Account in the event of previous fraud.
5. Deletion: you can delete your Account at any time from the Software. The Software warns you before you confirm.
   • Deletion immediately ends your subscription and your Licence, without refund of the remaining time, except where the right of withdrawal is exercised or a legal guarantee is invoked (Terms of Sale).
   • To keep your Licence until the end of the paid period, first cancel your subscription, then delete your Account after the end of the period.
   • The Machine from which you delete the Account switches immediately to unlicensed mode; your other Machines do so under the conditions of article 7.3.4.
   • The Account, your Licences and your Machines are erased. Some data is kept, detached from the Account, for the periods stated in the Privacy Policy: the Account event log (3 years from each event, and 10 years after deletion for events that prove a contract; it may contain the display name of a Machine and the gift codes redeemed); the proof of acceptance of the documents and the sales emails sent (10 years after deletion); the fingerprint of Machines that have had a trial, to prevent a second trial; the record of gift code use; invoices and the customer record held by our payment provider Stripe (email, name, billing address, VAT number), 10 years at most: the customer record is no longer linked to the Account, but your subscriptions and their invoices keep the identifier of the deleted Account, as proof of the contract.
   • Your Show Data, which is on your Machines, is not erased.
6. Unused Account: an Account with no current Licence and no activity for 3 years is erased, as in article 10.5, if you do not sign in to it within 30 days of the email warning you of this (Privacy Policy, section 5).

11. Show Data

1. Your Show Data stays on your Machines. The Seller does not receive it, host it or back it up for you. The only exception: when you are signed in to your Account, the fixture profiles you create in the editor are kept with your Account so you find them on all your Machines (Privacy Policy, point 4.12). This is not a backup: a profile deleted on one Machine is also deleted on the others. Your shows, your patch and your backup copies are never sent.
2. The Software saves the show continuously and keeps backup copies on the Machine, in the Windows user's folder (%LOCALAPPDATA%\Halyx, unless another folder is chosen at launch). You remain responsible for your own backups, for example by regularly exporting your show files to another medium.
3. You remain the owner of your Show Data. The Seller acquires no rights over it.
4. A show file contains the fixture profiles used, including those that come from third-party services (article 13). Before sharing a file, check that you are entitled to do so.

The data processed by the Seller (Account, Licence, Machines, error reports) is described in the Privacy Policy.

Error reports: they are on by default to help us fix the Software. At first launch, the Software tells you about them and offers to turn them off; you can also do so at any time in the Settings. A report contains the technical description of the error and the Software's latest technical messages, its version, the operating system, the current plan and, if you are signed in, your Account ID and the beginning of the Machine's fingerprint. The Software removes your email address, tokens and IP addresses from it; it attaches neither your password nor the content of your shows. Reports are kept for no more than 90 days. The details, and their limits, are set out in the Privacy Policy.

12. Updates

1. The Seller publishes updates to the Software: fixes, security updates, new features. It informs you of available updates and of what each one changes: in the Software, which announces each new version with what is new, and, where appropriate, by email. Updates work as follows:

   • offered, never imposed: when the Machine is connected to the Internet, the Software regularly checks whether a new version exists. You install it when you decide, in one click, from the Machine; the current show is saved first, and the live output stops for a few seconds while the Software restarts. No update is installed without your agreement. If one-click installation is not possible on your computer (for example, without sufficient permissions), the Software offers to download the new version so that you can install it yourself;
   • verified: each update carries the Seller's electronic signature. The Software refuses a file whose signature does not match, that is, one that does not come from the Seller or that has been altered;
   • no data collection: the check only reads the public repository of Software versions; it sends neither your Account, nor any identifier, nor your Show Data. The Privacy Policy describes what the host of this repository sees;
   • without the Internet: the Software keeps working normally; checking for and installing updates wait until the connection is back. The Licence follows its own rules (article 7.2).

2. Updates necessary for conformity: the Seller informs you of the updates necessary to keep the Software in conformity, including security updates, and enables you to receive them throughout the term of your Licence (article L224-25-25 of the French Consumer Code for Consumers). Security updates are free and can be downloaded by all users, with or without an active subscription, throughout the support period stated in the Security Policy. If you do not install, within a reasonable time, an update supplied, the Seller is not liable for a lack of conformity resulting solely from that failure to install, on two conditions:

   • it has informed you of the availability of the update and of the consequences of not installing it;
   • the failure to install, or an incorrect installation, is not due to incomplete installation instructions on our part.

3. Other updates: the Seller may develop the Software beyond what is necessary for its conformity, for the following valid reasons: improvement of features, compatibility with systems, interfaces and fixtures, security, changes in regulations, or replacement of a third-party service. For the Consumer, these updates comply with article L224-25-26 of the French Consumer Code:

   • they are supplied at no additional cost;
   • you are informed clearly and comprehensibly, reasonably in advance and on a durable medium (for example an email), of the update and its date;
   • if the update has a negative impact on your access to or use of the Software, you are also informed that you may refuse it or uninstall it;
   • if you refuse such an update, you may terminate the contract, as of right and free of charge, within 30 days of receiving that information or of the date of the update, whichever is later. Simply write to us at contact@halyxapp.com. The price of the remaining time of the paid period is then refunded to you.

   This right of termination does not exist if the negative impact is minor, or if the Seller allows you to keep the Software without the update, including by uninstalling it, at no additional cost and in conformity.

4. The Software is supplied for Windows; other versions may be released, for the operating systems stated in its documentation. Unlicensed mode lets you check, before any purchase, that it works with your computer and your equipment. The Seller may stop supporting an old version of a system; it informs you in advance. For the Consumer, article 12.3 applies to this end of support.

5. To report a security vulnerability: contact@halyxapp.com.

13. Third-party components and services

13.1 Open-source libraries

1. The Software includes third-party libraries distributed under free or open-source licences (for example MIT, Apache 2.0).
2. These libraries remain subject to their own licences, which prevail over this document as regards those libraries. Nothing in this document limits the rights that these licences grant you.
3. The list of these libraries and the text of their licences appear in the Software, under Settings › Legal documents › Third-party licences.

13.2 GDTF Share

1. The Software can access the GDTF Share fixture profile catalogue, a third-party service that the Seller does not publish and with which it has no affiliation.
2. You connect to it with your own GDTF Share account. Your GDTF Share credentials are sent to that service by your Machine.
3. The catalogue and the downloaded files are kept on your Machine for your own use. The Seller does not redistribute them and does not supply them with the Software.
4. These files belong to their authors. Their use is governed by the GDTF Share terms of use (https://gdtf-share.com/landing/pages/termsAndConditions.php), which you must comply with. These terms may restrict, in particular, commercial use, modification and redistribution of the files. You must not redistribute these files, or the catalogue, beyond what those terms permit.
5. The Seller warrants neither the accuracy of GDTF Share files nor the availability of that service.

13.3 Reading of documentation by an artificial intelligence service

1. At your request, the Software can send a fixture's documentation (PDF or photo) to Anthropic's Claude service to build a profile from it, using your own Anthropic access key, kept on your Machine. This feature is optional.
2. This is sent directly from your Machine to Anthropic, under your own contract with that service. The Seller receives neither the key nor the document.
3. The resulting profile is a proposal: you must check it before saving and using it.

14. Revocation of the Licence

1. What revocation means: the Licence ends and the associated subscription is cancelled immediately. A revoked Licence cannot be restored. The Seller can only grant you a new Licence, in the cases provided for below; the subscription itself does not resume.
2. Fraud: the Seller may revoke a Licence, without notice, in the event of fraud or attempted fraud (circumvention of the Licence, false payment method, abuse of the trial or of gift codes, identity theft) or of an attack on the security of the services.
3. Full refund: the Licence is revoked if a payment for the Licence is refunded in full, in particular at your request under a legal guarantee.
4. Bank dispute: the Licence is revoked if you dispute a payment for the Licence with your bank (chargeback). If the dispute is withdrawn, or decided in the Seller's favour (the payment remains with the Seller), the Seller grants you, upon simple request to contact@halyxapp.com, a Licence for the same plan for the time that remained in the paid period.
5. Serious or repeated breach of this document: the Seller may revoke the Licence after giving you formal notice by email to remedy the breach, if that notice remains without effect for 15 days.
6. The Seller informs you by email of any revocation and of its reason. You can dispute it by writing to us at contact@halyxapp.com.
7. A revocation takes effect on your Machines under the conditions of article 7.3. Amounts paid are governed by the Terms of Sale.

15. Term and end of the contract

1. This contract lasts for as long as you use the Software. The Licence lasts for the duration of the subscription, the trial or the gift code.
2. You can end it at any time:
   • by cancelling your subscription, in accordance with the Terms of Sale (cancellation is done online, from the Account screen of the Software);
   • by deleting your Account (article 10.5);
   • by ceasing to use the Software and uninstalling it. To uninstall it, first sign out of your Account on the Machine (Account screen, “Sign out”: its seat is released) and quit the Software; then uninstall it from Windows Settings › Apps, which removes the Software, its shortcuts and its launch when Windows starts, and offers to delete its data folder, %LOCALAPPDATA%\Halyx (export the shows you want to keep first). If it was run without its installer, untick the launch when Windows starts in the launch window, then delete its halyx.exe file (and halyx.exe.ancien next to it, if present) and that folder. Finally, remove the “Halyx, autorité locale” certificate from the devices where you installed it. Uninstalling the Software does not cancel the subscription or delete the Account.
3. The Seller may end the Licence on the grounds set out in article 14, following the procedure described there.
4. Discontinuation: if the Seller stops selling or operating the Software, it notifies Customers at least 3 months in advance and refunds subscribers under the conditions of the Terms of Sale. Licences with no end date obtained with a gift code end on that date.
5. At the end of the Licence, whatever the cause, the Machines return to unlicensed mode (article 7.3). The Software remains usable in this mode. Your Show Data stays on your Machines.
6. Articles 9, 11, 16, 17, 18, 20 and 21 continue to apply after the end of the contract.

16. Use of the Software in shows

1. The Software controls lighting and effects devices. You alone remain responsible for the installation, rigging, cabling, electrical safety, compliance of your installation with the applicable rules (in particular in venues open to the public) and the safety of people.
2. The Software is not designed for safety lighting or for any function whose failure could injure a person. Do not use it for that purpose.
3. Some effects (strobes, rapid flashes) may trigger seizures in photosensitive people. You are responsible for their use and for informing the audience.
4. For an important event, plan a backup solution (replacement Machine, show backup, manual control) and test your installation before the audience arrives. Remember to connect the Machine to the Internet, with your Account, before the event if its offline authorisation is nearing its end (article 7.2). Do not sign out of your Account during a show: live output would stop at once (article 8.2).

17. Liability

17.1 For everyone

1. The Seller supplies Software that conforms to its description and to the Terms of Sale. The Consumer benefits from the legal guarantee of conformity for digital content and services (articles L224-25-1 et seq. of the French Consumer Code), described in the Terms of Sale.
2. The Seller is not liable for damage that is not attributable to it: fault on your part (in particular failure to comply with article 16), force majeure, or the act of a third party having the characteristics of force majeure.
3. Nothing in this document limits the Seller's liability in the event of gross negligence or wilful misconduct, or in the event of personal injury caused by its fault.

17.2 For Consumers

The Seller's liability towards a Consumer is assessed under ordinary law. No clause of this document is intended to remove or reduce the Consumer's right to compensation for loss suffered if the Seller fails to perform any of its obligations.

17.3 For Business Users

To the extent permitted by law:

1. the Seller is liable only for direct and foreseeable damage;
2. it is not liable for indirect damage, in particular loss of business, turnover or clientele, cancellation or interruption of a show or an event, damage to reputation, or loss of data;
3. it is not liable for damage due to use contrary to the documentation, to the operation of your hardware, your network, your Internet connection or the devices controlled, or to the content or availability of third-party services (article 13);
4. its total liability, for all causes combined, is limited to the amounts paid by the Customer for their Licence during the 12 months preceding the event giving rise to the damage; if those amounts are lower than the annual price, excluding taxes, of the plan concerned, in force on that date, the limit is that annual price;
5. the Software is supplied without any warranty other than those provided for by this document and the Terms of Sale.

18. Intellectual property

1. The Software, its code, its interface, its documentation, the fixture profiles supplied, the demo show, and the “Halyx” name and logo belong to the Seller or its licensors. They are protected by copyright and, where applicable, trade mark law.
2. This document does not transfer any ownership rights to you. It only grants you the rights of use set out in articles 5.4 and 6. Any right not expressly granted therein remains with the Seller.
3. Third-party libraries and content remain the property of their authors (article 13).
4. If you send the Seller suggestions or ideas for improvement, it may use them freely, without any obligation to you. This does not apply to your Show Data.

19. Changes to this document

1. The Seller may change this document for valid reasons: changes to the Software, the law or case law, security, change of a third-party service.
2. It informs you of any change, except purely formal corrections that change neither your rights nor your obligations (spelling, layout): by email if you have an Account. The new version, with its number and date, is also available in the Software (Settings › Legal documents). This information is given to you at least 30 days before the change takes effect. A change required by law or by an authority applies on the date they set.
3. If you refuse the new version, you may end the contract, free of charge, before it takes effect (article 15); the cancellation of the subscription is then governed by the Terms of Sale. Changes that are unfavourable to you do not apply to a subscription period already paid for, unless required by law.
4. Without an Account, the new version applies to your use from the date it takes effect. If you do not accept it, stop using the Software.
5. When you accept this document with your Account, the accepted version and the date of acceptance are recorded with your Account. A new version is offered to you in the Software, on the Account screen, with a box to tick and a link to read it. Until you have accepted it, the Software works normally, live output included; article 19.3 allows you to refuse it.

20. Governing law and disputes

1. This document is governed by French law.
2. If you are a Consumer residing in another country, this choice does not deprive you of the protection of the mandatory rules of the country in which you habitually reside.
3. Complaints: in the event of a difficulty, first write to us at contact@halyxapp.com, stating the email address of your Account if you have one and describing your request. We will look for an amicable solution with you. This step does not deprive you of the right to bring the matter before the competent court.
4. Consumer: you may bring proceedings, at your choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure or before the court of the place where you resided at the time the contract was concluded or the harmful event occurred (article R631-3 of the French Consumer Code). If you reside in another Member State of the European Union, the European rules on jurisdiction allow you, in particular, to bring proceedings before the courts of your place of residence.
5. Business User: if the Customer and the Seller both have the status of trader (commerçant), any dispute falls within the exclusive jurisdiction of the Tribunal des activités économiques de Paris (Paris Economic Activities Court). Otherwise, the statutory rules on jurisdiction apply.

21. Miscellaneous

1. If a clause of this document is held to be invalid or unenforceable, the other clauses remain in force.
2. The Seller's failure to rely on a breach does not constitute a waiver of the right to rely on it later.
3. This document may be translated. In the event of any discrepancy, the French version prevails, unless a mandatory rule applicable to the Consumer provides otherwise.
4. For any question: contact@halyxapp.com.

22. History