Contractual preamble: These Terms and Conditions govern all relations between the Publisher DEVOXIS (provider operating the CYB - Create Your Barbershop software solution) and any hairdresser, barber or salon manager subscribing to the Services exclusively in the course of their professional activity (hereinafter "the Client" or "the Salon").
Article 1 – Definitions
- "Subscription": Paid subscription granting the Client access to one of the Platform's plans (CYB Essentiel, CYB Pro, CYB Ultimate IA) or a prior trial period.
- "End Customer": Natural person who is a customer of the salon operated by the Client, receiving hairdressing/barbering services and using online booking or receiving SMS/email reminders.
- "No-Code CMS & Showcase Site": Visual design and hosting tool for salon mini-websites, including Artificial Intelligence-assisted generation features.
- "SMS Gateway": System for sending notifications and reminders by SMS, operating either via a third-party API (Twilio) or via the CYB Gateway Android app connected to the salon's dedicated smartphone.
- "Chair Command Station": Tablet/mobile interface at the barber's chair featuring the real-time queue, live timing (actual_duration_seconds) and service records.
- "AI Voice Agent": Artificial Intelligence telephone module that answers incoming calls and places bookings directly in the salon's schedule.
Article 2 – Scope and B2B enforceability
2.1. Exclusively professional audience: These terms apply exclusively to relations between professionals. The Client certifies that it is acting for the direct needs of its commercial or trade business.
2.2. Full and complete acceptance: Any account creation or plan subscription implies immediate, express and unreserved acceptance of these Terms and Conditions and of the Data Processing Agreement (DPA) annexed to them.
2.3. Precedence: These terms prevail over any other document or purchasing terms issued by the Client.
Article 3 – Description of the modules and services provided
The CYB platform provides the Client with an all-in-one software ecosystem including in particular:
- Schedule management & 24/7 Bookings: Multi-barber calendar, team rotation management and online booking.
- CRM & Chair-side Customer Records: History records, hair preferences, actual haircut timing and upload of inspiration photos via secure temporary tokens (
/upload/:token). - Touchscreen till & Pre-accounting: Recording of payments (cash, card, cheques), tracking of staff commissions, management of debts/tabs (customer_debts) and loyalty balance.
- Stripe deposits & card holds against no-shows: Card pre-authorisation or online deposit to secure time slots.
- SMS & Email communication gateway: Automated notifications 24 hours before and post-appointment Google review requests.
- No-Code CMS & Generative AI: Showcase website editor with text and image generation, hosted on a subdomain or a dedicated domain name.
- AI Telephone Voice Agent (Ultimate plan): Smart telephone switchboard available 24/7.
Article 4 – Formal disclaimer regarding accounting and tax
4.1. A simple management aid: The Client expressly acknowledges and accepts that the till module, the payment log and the financial summaries provided by CYB are merely technical tools for internal organisation and pre-accounting assistance.
4.2. No accounting expertise: Under no circumstances does DEVOXIS act as a chartered accountant, statutory auditor or tax adviser. The Platform does not replace the legal obligation to have general accounts kept by an approved professional.
4.3. Sole responsibility of the Salon: The Client remains the sole and exclusive legal guarantor of:
- The accuracy of prices, applied VAT rates and the breakdown of payment methods entered;
- The truthfulness of its till closures (Z reports) and the justification of its cash flows;
- Its mandatory tax and social security declarations.
DEVOXIS shall under no circumstances be held liable in connection with any audit, tax reassessment or administrative dispute.
Article 5 – CMS module, hosting and Artificial Intelligence (LCEN)
5.1. Technical Host status: With regard to showcase websites created or published via the CMS module, DEVOXIS acts exclusively as a technical host within the meaning of Article 6.I.2 of the LCEN (French Law on Confidence in the Digital Economy).
5.2. Salon's status as sole Publisher: The Client is the sole Publication Director and legal Publisher of its public website and subdomains. It is responsible for displaying its own legal notices on them.
5.3. Responsibility for Artificial Intelligence: When the Client generates content (texts, slogans, images) using the AI assistants:
- The Client has a strict obligation to proofread, verify and moderate the accuracy and lawfulness of all generated content before publication;
- The Client indemnifies DEVOXIS against any third-party claim relating to copyright, registered trademarks or unlawful statements.
5.4. Suspension for unlawful content: DEVOXIS reserves the right to unpublish without notice any hosted website displaying manifestly unlawful content after notification in accordance with the law.
Article 6 – SMS, email communications and telecom compliance
6.1. Legal bases and consent: The Client guarantees that it has the required legal basis (performance of the service contract for appointment reminders, or prior opt-in consent for marketing messages).
6.2. Mandatory notices: The Client undertakes to comply with the legal obligations for sending SMS (mandatory "STOP SMS" notice, compliance with the legal time slots of 8:00 am - 8:00 pm, exclusion of Sundays and public holidays for prospecting).
6.3. Local Android gateway and deliverability: When using the CYB Gateway Android gateway on its own smartphone, the Salon is responsible for the proper functioning of its device (battery, Wi-Fi connection, unlimited SMS plan with its operator). DEVOXIS is bound by a best-efforts obligation and does not guarantee 100 % deliverability (dependence on telecom networks and operator filters).
Article 7 – Stripe deposits and cancellation disputes
When the Salon enables deposits or card holds via its Stripe Connect account, it sets its own cancellation rules. DEVOXIS is not involved in financial flows between the End Customer and the Salon and cannot be held liable for bank rejections, stops or disputes (chargebacks).
Article 8 – Prices, billing and payment
8.1. Pricing offers: The Services are subscribed at the prices in force (CYB Essentiel at 29 € excl. VAT/month, CYB Pro at 59 € excl. VAT/month, CYB Ultimate IA at 89 € excl. VAT/month, or equivalent annual offers), expressed in Euros excluding VAT.
8.2. Payment terms: Subscriptions are payable in advance by SEPA direct debit or bank card via the secure payment platform.
8.3. Late payment and suspension: Any late payment or non-payment automatically entails late-payment penalties equal to 3 times the legal interest rate, the fixed recovery indemnity of 40 € (Art. L.441-10 of the French Commercial Code), and the right for DEVOXIS to suspend access to the Services and online bookings within 48 hours after a formal notice has gone unanswered.
8.4. Exclusion of the right of withdrawal: In accordance with Article L.221-3 of the French Consumer Code, no right of withdrawal applies between professionals.
Article 9 – Term, renewal and termination
9.1. Term: Monthly subscriptions are taken out with no minimum commitment. Annual subscriptions are taken out for a fixed period of 12 months.
9.2. Tacit renewal: The Subscription renews automatically by tacit renewal for successive periods of the same length, unless termination is notified at least seven (7) days before the monthly renewal date (or 30 days for an annual renewal date) from the administration area or by email.
Article 10 – Liability and limitation of warranty
10.1. Best-efforts obligation: DEVOXIS is bound by a general best-efforts obligation in the performance of its software services.
10.2. Exclusion of indirect damages: DEVOXIS SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR INDIRECT DAMAGES SUFFERED BY THE CLIENT, SUCH AS: LOSS OF TURNOVER, LOSS OF PROFITS, INTERRUPTION OF THE SALON'S BUSINESS, LOSS OF CUSTOMERS, LOSS OF DATA OR DAMAGE TO REPUTATION.
10.3. Overall compensation cap: IN ALL CASES WHERE DEVOXIS IS HELD LIABLE, THE TOTAL AMOUNT OF DAMAGES PAYABLE BY IT SHALL BE STRICTLY LIMITED TO THE SUMS ACTUALLY RECEIVED BY DEVOXIS FOR THE CLIENT'S SUBSCRIPTION DURING THE LAST THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Article 11 – Intellectual property
DEVOXIS is the exclusive holder of all intellectual property rights relating to the CYB Platform (code, interfaces, architecture, databases). The Client is granted a personal, non-exclusive licence of use for the duration of its Subscription. The Client remains the exclusive owner of its customer database and its own content.
Article 12 – Governing law and jurisdiction
12.1. Governing law: These Terms and Conditions are governed exclusively by French law.
12.2. Jurisdiction clause: IN THE EVENT OF A DISPUTE RELATING TO THE FORMATION, INTERPRETATION OR PERFORMANCE OF THE CONTRACT, AND FAILING AMICABLE SETTLEMENT WITHIN 30 DAYS, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS WITHIN WHOSE AREA DEVOXIS'S REGISTERED OFFICE IS LOCATED, INCLUDING FOR SUMMARY PROCEEDINGS, MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS.