General terms and conditions (Terms of Use / Terms of Sale)
Last updated : 31 August 2026.
1. Purpose
These terms govern access to and use of the Inclaria service, a tool that supports digital accessibility compliance (site analysis, explanation of gaps, prioritization of fixes, production and maintenance of the accessibility statement).
2. Seller and provider: role of Paddle (Merchant of Record)
Sales and payment collection for Inclaria subscriptions are handled by Paddle.com Market Ltd, 30 Old Bailey, Londres EC4M 7AU, Royaume-Uni, acting as authorized reseller and official seller (“Merchant of Record”). The sales contract is concluded directly between the customer and Paddle, which handles payment, invoicing, VAT, subscription management (renewal, cancellation), refunds and payment disputes, under its terms available at paddle.com/legal. The service and the licence to use it are provided by Johann Flipo. Any financial request (payment, invoice, refund, cancellation) is addressed to Paddle; any request relating to use or support of the service is addressed to Johann Flipo at contact@inclaria.com.
3. Account and access
Access to the features requires the creation of an account. The customer is responsible for keeping their credentials confidential and for all activity carried out through their account.
4. Use of the service and analyzed sites
The customer declares and warrants that they hold the rights to the sites and URLs they submit for analysis, or that they are duly authorized by the rights holder to have them analyzed. They shall not use the service to harm a third-party site, overload it, or circumvent its protection or access-control measures.
The customer holds Johann Flipo harmless against any third-party claim arising from the analyses they ordered and shall indemnify them for any resulting award, costs and expenses (including reasonable defence costs). In the event of abusive use or use contrary to these terms, Johann Flipo may suspend or terminate access to the service, after notice, except in urgent cases justifying immediate action.
5. Intellectual property and licence
The Inclaria service, its software, databases, trademarks, interfaces, content and documentation are the exclusive property of Johann Flipo or its licensors. Johann Flipo grants the customer a personal, non-exclusive, non-assignable and non-transferable right of use, limited to the duration of the subscription. The reports and statements generated may be used by the customer for their own needs; the underlying components, models and know-how remain the property of Johann Flipo.
6. No guarantee of legal compliance or accessibility
Inclaria is a support tool, not a certification. Johann Flipo does not in any way guarantee: that the customer’s site is, will become or will remain compliant with any standard or legal accessibility obligation; the completeness or accuracy of the automated analyses (absence of false positives or negatives); the absence of any claim, formal notice, audit or sanction by a third party or authority; nor that the generated documents meet the requirements specific to the customer’s situation.
The effective compliance of the site is the sole responsibility of the customer, who remains responsible for the content published, the technical and editorial choices, and the actual implementation of the fixes. Inclaria is no substitute for a human compliance audit or for legal advice. The services constitute a best-efforts obligation (obligation de moyens).
7. Nature of obligations and limitation of liability
The service is provided “as is” and “as available”. For business customers, and except in the event of gross negligence, wilful misconduct or bodily injury, the total and aggregate liability of Johann Flipo, on any grounds whatsoever, is limited to the amount excluding tax actually paid during the twelve (12) months preceding the triggering event. Excluded from any compensation are indirect and intangible damages (loss of data, business, turnover, opportunity, damage to image, sanctions incurred due to third parties or authorities).
8. Consumer protection provisions
The foregoing limitations and exclusions of liability do not apply to a customer acting as a consumer, insofar as they would be contrary to the mandatory provisions of the French Consumer Code (Code de la consommation), in particular the legal guarantee of conformity of digital content and services (art. L224-25-12 et seq.) and the prohibition of unfair terms (art. L212-1, R212-1 and R212-2). No provision herein may deprive the consumer of the rights they derive from the law.
9. Right of withdrawal (consumers)
A consumer customer is in principle entitled to a fourteen (14) day period to withdraw (art. L221-18 of the French Consumer Code). The order is, however, concluded with Paddle, the official seller (“Merchant of Record”), whose general terms, accepted at payment, govern payment, invoicing, VAT and the handling of refund requests.
Inclaria is a digital service supplied immediately after subscription. By ticking the box provided for this purpose at payment, the customer expressly requests immediate performance of the service (art. L221-25 of the French Consumer Code). Their right of withdrawal nevertheless remains during the fourteen-day period: if they withdraw within that period, all sums paid are refunded in full, without any pro-rata deduction, by Paddle to the original payment method, no later than fourteen days after receipt of the withdrawal decision. The right of withdrawal is only lost if the service has been fully performed before the end of the period, with the customer’s express agreement (art. L221-28, 1°).
Withdrawal may be exercised, at the customer’s choice: through the online “Renounce the contract here” function available from the customer area (Subscription section), which acknowledges receipt on a durable medium; using the model form reproduced in the annex to these terms; or by any unambiguous statement sent to support@inclaria.com. The refund terms are detailed in our refund policy.
10. Term, tacit renewal and cancellation
The subscription is taken out for an initial monthly or annual term, depending on the plan chosen. It is tacitly renewed at each due date for an identical term, at the rate in force, unless cancelled by the customer before the end of the current period.
The customer may cancel at any time, at no cost or penalty, from their customer area or the Paddle management portal. Cancellation takes effect at the end of the current period (monthly or annual): access remains open until that date, no further instalment is charged and the period already started is not refunded pro rata.
For an annual subscription taken out by a consumer, Inclaria sends by e-mail, between three months and one month before the renewal date, the information required by article L215-1 of the French Consumer Code, with a direct online cancellation link (art. L215-1-1). If that information is not sent within those time limits, the consumer may terminate the contract free of charge at any time from the renewal date, and advance payments made after the last renewal date are then refunded within thirty days, less the sums corresponding to performance of the contract up to termination.
Reproduction of the statutory texts (articles L215-1 to L215-4 and L241-3 of the French Consumer Code — courtesy translation, the French text prevails) — art. L215-1: “For fixed-term service contracts containing a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated personal letter or e-mail, no earlier than three months and no later than one month before the end of the period allowing rejection of the renewal, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, given in clear and comprehensible terms, shall state, in a prominent box, the deadline for non-renewal. Where this information has not been sent in accordance with the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date. Advance payments made after the last renewal date or, for contracts of indefinite duration, after the date of transformation of the initial fixed-term contract, shall in this case be refunded within thirty days from the termination date, less the sums corresponding to performance of the contract until that date.” — art. L215-1-1: where the contract was concluded electronically, or is ongoing at that date, termination must be possible by the same means, through a free, direct and permanent functionality. — art. L215-2: “The provisions of this chapter do not apply to operators of drinking-water and sanitation services.” — art. L215-3: “The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.” — art. L215-4: reference to implementing conditions. — art. L241-3: “Where the professional has not made the refund under the conditions set out in article L215-1, the sums due shall bear interest at the statutory rate.”
11. Force majeure
Johann Flipo cannot be held liable for non-performance resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code (failure of networks or hosting providers, cyberattack, disaster, decision of an authority). Beyond thirty (30) days, either party may terminate by operation of law, without compensation.
12. Governing law, jurisdiction and mediation
These terms are governed by French law. For business customers, any dispute falls within the exclusive jurisdiction of the competent court of Paris. Consumer customers retain the benefit of the mandatory protective rules: the law of their country of residence (Rome I, art. 6) and the courts of their domicile (Brussels I bis, art. 17 to 19). The consumer may use, free of charge, a consumer mediator: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, litiges@cm2c.net, saisine en ligne sur https://www.cm2c.net/declarer-un-litige.php.
13. Language and prevailing version
These terms are drawn up in several languages; in the event of any discrepancy, the French version shall prevail.
Annex — model withdrawal form (art. R221-1 of the French Consumer Code)
Complete and return this form only if you wish to withdraw from the contract:
“For the attention of Inclaria — Johann Flipo, 6 rue d'Armaillé, 75017 Paris, France, support@inclaria.com:
I hereby notify you of my withdrawal from the contract for the provision of the service below:
Ordered on: ______ / Received on: ______
Name of consumer: ______
Address of consumer: ______
E-mail address used at subscription: ______
Signature of consumer (only if this form is notified on paper): ______
Date: ______”