Terms of sale

Last updated: [DATE]

1. The seller and the scope of these terms

1.1. The seller

The seller is [RAISON SOCIALE], [FORME JURIDIQUE], registered under number [NUMERO], with its registered office at [ADRESSE], reachable at [EMAIL]. It markets the software under the SMS Gateway brand, on the site https://sms-gateway.araylab.com.

1.2. The documents that bind you

These terms of sale govern every order placed on this site. They are read together with three other documents:

• the end user licence agreement, which sets out what you may do with the software;
• the terms of use of the site and the customer area;
• the privacy policy, which describes how your personal data is processed.

On a question of sale, these terms prevail. On the extent of your rights to use the software, the licence agreement prevails.

1.3. Acceptance

Before any payment, a checkbox asks you to accept these terms and the licence agreement. You accept them as they stand on that day.

2. The merchant of record and the payment methods

2.1. Gumroad, merchant of record

Card payments and payments in international currencies are collected by Gumroad, acting as merchant of record: it collects the payment, issues the invoice, and collects and remits the value added tax or equivalent tax applicable in your country.

Payment takes place on Gumroad's pages, under its own terms. Your payment details stay there: we never have access to them.

2.2. Mobile Money in Madagascar

In Madagascar, you can pay by Mobile Money (MVola, Orange Money or Airtel Money). These payments are collected directly by the seller and validated manually, once receipt of the funds has been confirmed. Your licence is issued at the moment of that validation.

3. What you buy

You buy a perpetual licence to use a self-hosted SMS gateway, comprising:

• the server program, which you install on a machine of your choosing;
• the Android application that connects to it;
• the web administration interface, included in the server program;
• the installation and operations documentation;
• the getting-started video tutorial, freely available.

You are not buying a service. The software runs on your premises, on your hardware, with your SIM cards and your carrier plan. We operate nothing on your behalf.

The exact extent of your rights, the version line covered and the duration of updates are defined by the end user licence agreement.

4. Price

The applicable price is the one shown on the site's Pricing page at the moment of payment. Prices are displayed there excluding tax: the tax applicable in your country is calculated and added at payment by the merchant of record, which issues your invoice.

The price moves in sales tiers: each tier holds a limited number of licences, and the tier applied is the one still open at the moment of payment. If the tier changes while you are ordering, the new amount is presented to you before any charge, and your explicit agreement is required to continue.

5. Ordering

5.1. An account is required

There is no purchase without an account. To order, you sign in to your customer area with a sign-in link sent to your email address. Your licence is handed over in that area, and that address identifies the buyer.

5.2. Steps

1. From your customer area, you choose to buy a licence.
2. You accept these terms and the licence agreement by ticking the checkbox provided for that purpose.
3. You pay on Gumroad, or by Mobile Money in Madagascar.
4. As soon as the payment is confirmed, your licence is issued.

5.3. Confirmation

An email tells you that your licence is ready and points you to your customer area. That email does not contain the licence key: the key is shown only in your customer area.

6. Delivery

Delivery is digital and immediate. As soon as the payment is confirmed, by Gumroad or by the manual validation of a Mobile Money payment, your licence key is shown in your customer area, where it remains available.

The installation instructions, the program and the Android application are available from the customer area once the licence has been obtained. No physical medium is shipped.

7. Right of withdrawal

7.1. The statutory period

If you are a consumer in the European Union, you are in principle entitled to a fourteen-day period to withdraw from a distance purchase.

7.2. The waiver

The law provides an exception for digital content supplied immediately: by requesting immediate delivery of your key, you expressly waive that right and acknowledge losing the benefit of the withdrawal period once the key has been issued.

7.3. How the waiver is obtained

The waiver is requested from you before payment, through the same checkbox as the acceptance of these terms, whose label states it in full. An order without that box ticked is refused by our servers: no order can be opened without it.

7.4. Before the key is issued

As long as the key has not been issued, the order can be cancelled and refunded in full.

8. Refunds

8.1. How a refund is made

A refund request is sent by email to [EMAIL]. A payment collected by Gumroad is refunded through Gumroad, to the original payment method. A Mobile Money payment is refunded by the seller, to the Mobile Money account that paid.

After the key has been issued, a refund remains due where the law requires it, in particular under the guarantees of article 9.

8.2. Effect on the licence

A refund withdraws the corresponding licence. The withdrawal takes the form described in the licence agreement: a signed decision, verifiable by the installed software. The same applies to a chargeback obtained from your bank.

9. Warranty and liability

9.1. What we do not provide

This point matters, and it should be clear before you buy.

• We carry no message. Text messages leave your own SIM cards, through your carrier, and are billed to you by that carrier under your plan.
• We do not guarantee delivery of a message. Delivery depends on your carrier, network coverage, the state of the phone, and the rules of the destination network.
• We provide no hardware, no SIM card and no subscription.
• We host nothing for you. Installing, backing up and keeping your server available are your responsibility.
• We do not guarantee compatibility with a phone model or an Android version we have not tested. The list of verified configurations is in the documentation.

9.2. Warranty

The software is provided as is. We warrant that it matches its description on the date of purchase, and we fix the security defects of your version line.

Nothing in these terms sets aside the mandatory legal guarantees you enjoy as a consumer.

9.3. Liability

To the extent permitted by law, our liability is capped at the amount you paid. We are not liable for indirect losses, in particular loss of business, loss of data attributable to your own lack of backups, or the cost of the messages sent.

10. Support

Support is provided by email, in French and English, with no contractual response time. It covers the operation of the software as documented.

It does not cover the administration of your server, the configuration of your network, or the quirks of an untested phone model.

11. If the seller disappears

The installed software does not need our servers to work. An outage of our infrastructure, or the disappearance of the seller, interrupts no message: this is a commitment of the licence agreement, and it is how the software is built.

What would stop, on the other hand: the download of new versions, support, and access to the customer area, and therefore the redisplay of your key. Keep a copy of your licence key and of the installation files you have downloaded, as well as regular backups of your installation.

12. Changes to these terms

We may change these terms for future sales. The version binding on you is the one accepted on the day of your order, and a later change can neither withdraw nor restrict a licence already acquired.

13. Governing law, mediation and disputes

13.1. Governing law

These terms are governed by the law of [PAYS]. If you are a consumer, this choice does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence.

13.2. Complaints and mediation

In the event of a dispute, write to us first at [EMAIL]: an amicable solution will be sought first. Failing agreement, if you are a consumer, you may refer the matter free of charge to the following mediator: [MEDIATEUR].

13.3. Courts

If you are a consumer in the European Union, you keep the right to bring proceedings before the courts of your place of residence.