Terms of service

1. Definitions

• Service — the Airdun application, including the Airdun Stripe App, the web dashboard, and the automated notification system described in clause 2.
• End Customer — a natural or legal person who owes a payment to Customer and whose payment attempt has failed.
• Customer Data — data made available to Airdun through Customer's connected Stripe account or otherwise submitted by Customer.
• Notification — a message sent through the Service to an End Customer in relation to a failed payment.
• DPA — the Airdun Data Processing Agreement, available at airdun.com/dpa, which forms an integral part of these Terms.

2. The Service

2.1 What the Service does. The Service connects to Customer's Stripe account, detects failed payment attempts, and automatically notifies the relevant End Customer that the payment did not succeed and how the payment method can be restored, through the channels Customer has enabled. It reports on outcomes to Customer.

2.2 What the Service does not do. Airdun does not collect debts on Customer's behalf, does not receive, hold or handle any funds, and does not act as Customer's agent or mandatary in respect of any amount owed. All amounts are collected by Stripe directly for Customer's account. Customer remains at all times the sole creditor of any amount owed by an End Customer.

2.3 Automated operation. The Service operates autonomously within the parameters Customer configures. Airdun's systems determine, for each failed payment, whether to send a Notification, through which enabled channel, at what time, and with what content. Notification content is generated automatically and is not reviewed by a human before delivery. Customer acknowledges and accepts this, and acknowledges that it is the intended operation of the Service.

2.4 Card data. Airdun does not access, receive or store full payment card numbers, CVCs or bank account details. Such data remains within Stripe's environment.

3. Account and eligibility

3.1 The Service is offered exclusively to businesses acting in the course of their commercial activity. It is not offered to consumers.

3.2 Customer is responsible for the accuracy of its account information, for the confidentiality of its credentials, and for all activity under its account.

3.3 Customer must be at least the age of majority in its jurisdiction and must not be located in, or subject to, any sanctions regime that would prohibit provision of the Service.

4. Stripe connection

4.1 Use of the Service requires Customer to connect a Stripe account through the Airdun Stripe App and to grant the access scopes requested. Customer may revoke that access at any time; doing so will disable the Service.

4.2 Customer is solely responsible for its relationship with Stripe and for compliance with Stripe's own terms. Airdun is not a party to that relationship.

4.3 Airdun's access is limited to the scopes Customer grants. Airdun processes Customer Data only as described in the DPA.

5. Sending domain and channels

5.1 Email. Notifications are sent from a subdomain that Customer delegates to Airdun. Customer is responsible for making and maintaining the required DNS configuration. Customer is the sender of record.

5.2 SMS. SMS delivery is technically restricted to recipients located in the European Economic Area. Airdun does not deliver SMS outside that area. Any extension requires a prior written amendment.

5.3 WhatsApp. WhatsApp delivery is subject to the WhatsApp Business Messaging Policy, including opt-in requirements and message template approval. Airdun may suspend the channel at any time if required by the channel provider.

5.4 Airdun may add, modify or discontinue a channel. Discontinuation of a channel does not entitle Customer to a refund unless it materially deprives Customer of the benefit of the Service.

6. Customer's responsibilities and warranties

Customer represents, warrants and undertakes, on a continuing basis, that:

• 6.1 Lawful basis — it has a valid legal basis for Airdun to process Customer Data and to send Notifications to End Customers through each channel it enables.
• 6.2 Transparency — it has informed its End Customers, as required by applicable data protection law, that a third-party service provider may contact them in relation to failed payments.
• 6.3 Channel permissions — it holds all consents, opt-ins and authorizations required by applicable law and by each channel provider's policies for the recipients it makes available.
• 6.4 Accuracy — the contact details it makes available are those of the relevant End Customer and are accurate and current. Customer acknowledges that sending a Notification to an incorrect recipient may constitute a personal data breach for which Customer is responsible where it results from inaccurate data supplied by Customer.
• 6.5 Configuration — it has reviewed and is responsible for the configuration it sets, including enabled channels, sending windows, volume limits and content parameters.

6.6 Prohibited use. Customer shall not, and shall not permit any third party to: use the Service to contact persons who are not End Customers, or for prospecting, marketing or any purpose other than notification of a failed payment; upload or connect contact data obtained from purchased, scraped or rented lists; use the Service in relation to disputed, contested or litigated claims, or claims subject to a formal debt collection or insolvency procedure; circumvent any technical restriction of the Service, including the geographic restriction in clause 5.2; misrepresent the identity of the sender, or configure the Service so that Notifications appear to originate from a person other than Customer; reverse engineer, resell, or provide the Service to a third party as a service bureau, except to entities within Customer's own group; or use the Service in a manner that violates applicable law or a channel provider's policy.

6.7 Indemnity. Customer shall defend, indemnify and hold Airdun harmless against any third-party claim, regulatory action, fine, penalty or cost arising from a breach of this clause 6.

7. Fees, billing and taxes

7.1 Plans. The Service is provided on a monthly subscription basis, by tiers based on the number of cases processed per month. Prices are published at airdun.com/pricing.

7.2 Billing. Fees are payable monthly in advance, by card, unless otherwise agreed. Fees are non-refundable except as expressly provided in these Terms or required by law.

7.3 Overage. Where the number of cases processed in a given month exceeds the volume included in Customer's tier, the subscription is automatically upgraded to the tier matching the actual volume for that month, and the difference in price is invoiced with the next billing cycle. Airdun shall notify Customer by email when an upgrade occurs. Airdun does not suspend or stop processing cases on the ground of tier volume. Customer may downgrade at the start of any subsequent period.

7.4 Taxes. Fees are exclusive of VAT and any other applicable taxes, which are payable by Customer. Where Customer is established outside France and provides a valid VAT identification number, the reverse charge mechanism applies.

7.5 Late payment. Overdue amounts bear interest at three times the French statutory interest rate, plus a fixed recovery indemnity of €40 per invoice, in accordance with articles L.441-10 and D.441-5 of the French Commercial Code.

7.6 Price changes. Airdun may change its prices with thirty (30) days' notice, effective at the start of the next subscription period. Customer may terminate before the change takes effect.

8. Free, beta and trial access

8.1 Airdun may make the Service available free of charge, on a trial or beta basis.

8.2 Such access is provided “as is”, without any warranty, service commitment or support obligation, and may be modified, suspended or terminated at any time without notice or liability. Clauses 6, 9, 10, 11, 12, 13 and 14 apply in full to such access.

9. Term and termination

9.1 These Terms apply from account creation until terminated.

9.2 Customer may terminate at any time, effective at the end of the current subscription period, from the dashboard or by written notice.

9.3 Airdun may terminate for convenience with thirty (30) days' notice, with a pro-rata refund of prepaid fees.

9.4 Either party may terminate immediately for material breach not remedied within thirty (30) days of written notice.

9.5 Suspension. Airdun may suspend the Service immediately, without notice, where: Customer's use threatens the security or integrity of the Service; a channel provider requires it; Airdun reasonably believes clause 6 has been breached; or fees remain unpaid fifteen (15) days after the due date. Airdun shall inform Customer as soon as reasonably practicable.

9.6 On termination, access ceases and Customer Data is deleted or returned in accordance with the DPA. Clauses 6.7, 10, 11, 12, 13, 14 and 17 survive.

10. Intellectual property

10.1 Airdun retains all rights in the Service, its software, models, prompts, documentation, methods and branding. No rights are granted except the limited right of use in clause 10.2.

10.2 Airdun grants Customer a non-exclusive, non-transferable, non-sublicensable right to use the Service during the term, for its internal business purposes.

10.3 Customer retains all rights in Customer Data. Customer grants Airdun the right to process Customer Data solely to provide the Service, in accordance with the DPA.

10.4 Aggregated data. Airdun may generate and use aggregated and anonymized statistics derived from use of the Service, provided such data does not identify Customer or any End Customer and cannot reasonably be used to do so.

10.5 Feedback provided by Customer may be used by Airdun without restriction or compensation.

10.6 References. Airdun may not use Customer's name or logo as a reference without prior written consent.

11. Confidentiality

Each party shall keep confidential the other party's non-public information disclosed in connection with these Terms, use it only to perform these Terms, and protect it with no less than reasonable care. This obligation survives for three (3) years after termination, and indefinitely for trade secrets. It does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.

12. Warranties and disclaimers

12.1 Airdun warrants that it will provide the Service with reasonable care and skill, in accordance with applicable law.

12.2 No guarantee of result. The Service is an obligation of means, not of result. Airdun does not warrant that any payment will be recovered, that any Notification will be delivered, opened or acted upon, or that any particular recovery rate, uplift or financial outcome will be achieved. Any figures, benchmarks or estimates communicated by Airdun, including in an audit report, are indicative and non-contractual.

12.3 Automated content. Notification content is generated automatically. Airdun applies technical safeguards to its content but does not warrant that any individual Notification will be free of error or suited to every situation. Customer's remedy is to adjust its configuration or disable the affected channel.

12.4 No availability commitment. Airdun does not commit to any service level or uptime percentage under these Terms.

12.5 Third parties. Airdun is not responsible for the availability, acts or omissions of Stripe or of any messaging or infrastructure provider.

12.6 To the fullest extent permitted by law, and except as expressly stated, all other warranties, express or implied, are excluded.

13. Limitation of liability

13.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud (dol), for gross negligence (faute lourde), or for any liability that cannot lawfully be excluded.

13.2 Subject to clause 13.1, neither party is liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill or reputational harm, loss of opportunity, or the claims of third parties, even if advised of the possibility.

13.3 Subject to clause 13.1, each party's total aggregate liability arising out of or in connection with these Terms and the DPA, whether in contract, tort or otherwise, shall not exceed the total fees paid by Customer to Airdun in the twelve (12) months preceding the event giving rise to the claim.

13.4 Where the Service is provided free of charge, Airdun's total aggregate liability shall not exceed one thousand euros (€1,000).

13.5 The parties acknowledge that the allocation of risk in this clause is an essential element of the bargain, that the fees have been set in consideration of it, and that Customer retains control over the configuration, the enabled channels and the data supplied.

13.6 Clause 13.3 does not apply to Customer's indemnity obligations under clauses 6.7 and 14, nor to either party's breach of clause 11 (Confidentiality).

14. Indemnification by Airdun

Airdun shall defend Customer against any third-party claim alleging that the Service, as provided by Airdun and used in accordance with these Terms, infringes an intellectual property right, and shall pay any damages finally awarded, subject to clause 13.3. This does not apply where the claim arises from Customer Data, from Customer's configuration, or from use in breach of these Terms.

15. Data protection

The processing of personal data is governed by the DPA, which forms an integral part of these Terms and prevails over them in the event of conflict on that subject.

16. Changes

16.1 Airdun may modify the Service, provided no modification materially degrades its core functionality during a paid subscription period.

16.2 Airdun may modify these Terms with thirty (30) days' notice by email and by publication. Continued use after the effective date constitutes acceptance. If a modification is materially adverse to Customer, Customer may terminate before it takes effect and receive a pro-rata refund.

17. General

17.1 Force majeure. Neither party is liable for failure to perform due to an event beyond its reasonable control, excluding payment obligations.

17.2 Assignment. Neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets.

17.3 Notices. To Airdun: legal@airdun.com. To Customer: the email address on the account.

17.4 Entire agreement. These Terms and the DPA constitute the entire agreement and supersede all prior understandings. Customer's own purchase terms or general conditions do not apply.

17.5 Severability. If any provision is held invalid, the remainder continues in effect and the provision is replaced by a valid one closest to the parties' intent.

17.6 No waiver. Failure to enforce a provision is not a waiver.

17.7 Language. These Terms are drafted in English. Any translation is provided for convenience; the English version prevails.

17.8 Governing law. These Terms are governed by French law.

17.9 Jurisdiction. The parties submit to the exclusive jurisdiction of the Tribunal de commerce de Paris.