Terms of sale

These terms of sale (the "Terms") are entered into between Rémy Magne, sole trader (EI), trading as "Riveska", 6 rue Marcel Paul, 58000 Nevers, France, SIREN 987 740 248, computer programming activity carried out as an unregulated liberal profession (the "Provider"), and any natural or legal person subscribing to an offer (the "Client").

The Provider supplies technical support for publishing and maintaining mobile applications on Apple’s App Store and on Google Play (the "Service").

The contract is formed by acceptance of these Terms at the time of payment, which constitutes express and unreserved acceptance. It consists of the Terms, the description of the subscribed offer displayed at the time of order, and the order confirmation.

Key point of the contract

The Client remains the sole holder of their Apple and Google developer accounts. The Provider acts as an invited third party on those accounts, with only the permissions required to deliver the Service. The application is published in the Client’s name, never in the Provider’s name.

Three offers are available on a monthly subscription: PUBLISH at €39 per month, PRO at €89 per month and STUDIO at €199 per month. The details of each offer are shown on the pricing page at the time of order.

Update quotas are monthly and cannot be carried over: 1 per month for PUBLISH, 4 per month for PRO and STUDIO. Each submission includes 2 rejection fixes. Beyond that, fixes are subject to a prior quote accepted in writing.

What the price does not cover

• Platform fees, paid directly by the Client: $99 per year for the Apple Developer Program, $25 once for Google Play Console. These amounts are set by Apple and Google.
• Development of new features, visual redesign, rescuing a failing architecture, and any work outside the scope described above.
• Paid third-party services required for the Client’s application to run (hosting, APIs, licences).

The Provider undertakes to perform the Service with the care and skill expected of a professional in the field, in accordance with the rules published by Apple and Google.

Best-efforts obligation regarding platform acceptance

The decision to publish, refuse, suspend or remove an application belongs exclusively to Apple and Google, under rules they change unilaterally. The Provider undertakes to prepare, submit and defend the publication case, and to handle platform feedback within the limits of article 3; the Provider does not guarantee acceptance of the application, any publication deadline, or any commercial result. This best-efforts obligation is a decisive element of the agreed price.

Timeframes given to the Client are indicative and run from receipt of all items owed by the Client under article 5.

The Client undertakes to:

• create and keep in their own name the required developer accounts, pay the corresponding fees and invite the Provider with the necessary permissions;
• provide functional and complete source code, along with the items required for publication (description, visuals, privacy policy for their application);
• respond to the Provider’s requests within a reasonable time, a prolonged lack of response suspending delivery timeframes;
• never share their passwords: only named access and revocable API keys are used.

Client warranties

The Client warrants, at the date of order and throughout the contract:

• that they hold all intellectual property rights in the application, its code, its content, its trademarks and its visuals, or hold the necessary licences, including for the open source components used;
• that the application is lawful, free of malicious code, and compliant with applicable regulations, in particular regarding personal data, protection of minors, gambling and health;
• that the information provided to the Provider is accurate and up to date.

The Client is answerable for the consequences of any inaccuracy in these statements. Where a third-party claim is brought against the Provider and originates in the application or content supplied by the Client, the Client bears the consequences attributable to them under the general law of liability.

The Provider may refuse an order or immediately suspend the Service, after informing the Client, where the application is manifestly unlawful, infringing, fraudulent or malicious, where the Client knowingly provides inaccurate information, or where performance would expose the Provider to losing their own platform access.

In such cases, amounts corresponding to work already performed remain payable.

Prices are shown in euros, exclusive of tax: VAT not applicable, article 293 B of the French General Tax Code. No VAT is charged or recoverable.

The initial order covers three monthly instalments paid in advance, that is €117 for PUBLISH, €267 for PRO and €597 for STUDIO, matching the initial commitment period set out in article 8. The subscription then continues at the monthly rate of the offer.

Payments are handled by Stripe. The Provider never has access to card details. Invoices are made available in the client area.

If a payment fails, the Client is informed and has seven days to put it right. Failing that, the Service may be suspended. For business clients, under article L.441-10 of the French Commercial Code, any delay automatically triggers penalties at the European Central Bank rate plus ten points, together with a fixed recovery charge of €40.

The contract is entered into for an initial term of three months from the order. It then renews on a monthly basis.

After the initial term, either party may terminate at any time, without cause or compensation, with effect at the end of the current monthly period. For the Client, termination is carried out from the client area or by a simple message to remymagnepro@gmail.com.

The Provider may terminate in the event of a serious breach by the Client not remedied fifteen days after a formal notice has gone unanswered.

Effects of the end of the contract

Applications already published remain online on the Client’s accounts, over which the Client retains full control. The Provider ceases all work, returns the items entrusted and removes their access to the Client’s accounts as soon as possible. The Client then takes over responsibility for the technical updates required by the platforms.

A consumer Client has fourteen days from the conclusion of the contract to withdraw, without cause or penalty, in accordance with article L.221-18 of the French Consumer Code.

At the time of order, the Client may request that performance of the Service begin immediately, before the end of that period. In that case, under articles L.221-25 and L.221-28 of the same code:

• if they withdraw while the Service is only partly performed, they pay an amount proportionate to what has been supplied up to the point their decision is communicated;
• they lose their right of withdrawal once the Service has been fully performed, and acknowledge having been informed of this before ordering.

Withdrawal is exercised by any unambiguous statement sent to remymagnepro@gmail.com, or using the model form in the appendix. Any refund is made within fourteen days of receipt of the request, using the same means of payment.

The Client retains full ownership of their application, source code, content and trademarks. They grant the Provider, for the duration of the contract only and solely for the purpose of delivering the Service, the right to use, compile, sign and submit those items to the platforms.

The Provider retains ownership of their methods, scripts, templates, internal tools and anything developed before or independently of the contract.

The Provider may cite the Client’s name and logo, along with a screenshot of their application, as a commercial reference. The Client may object at any time, without justification, by a simple message.

Each party keeps confidential the non-public information received from the other, during the contract and for two years after it ends.

Technical secrets entrusted by the Client (App Store Connect API key, Google Play service account, certificates) are uploaded through a secure link, never by ordinary email, stored encrypted and deleted no later than thirty days after the end of the service, or immediately at the Client’s request.

The Client can revoke this access at any time from their own consoles, which is their ultimate guarantee of control.

The Provider is liable for damage caused by their fault in performing the Service, under the general law.

The Provider is not liable for matters outside their control, in particular: decisions by Apple or Google, unilateral changes to their rules, defects, vulnerabilities or unlawful content in the application supplied by the Client, unavailability of third-party services, or the Client’s failure to meet their obligations under article 5.

Provision applicable to business clients only

Towards a business Client, the Provider’s liability is limited to direct and foreseeable damage, and may not exceed the total amounts paid by that Client during the twelve months preceding the triggering event. Indirect damage is excluded, in particular loss of revenue, customers, reputation or data.

Neither party is liable for a failure resulting from force majeure within the meaning of article 1218 of the French Civil Code. The following are treated as such events, without this list being exhaustive: closure or substantial change of Apple or Google services, a major outage at a hosting or payment provider, a cyberattack, or a decision by a public authority.

If the impediment lasts more than sixty days, either party may terminate without compensation, and amounts corresponding to services not performed are refunded.

The Provider may entrust all or part of the performance to a subcontractor of their choice, while remaining solely liable towards the Client. The contract may not be assigned by the Client without prior written agreement.

The Provider may amend the Terms. The applicable terms are those accepted at the time of order. Any substantial change is notified to the Client at least thirty days before it takes effect; a Client who rejects it may terminate free of charge before that date.

Any complaint must first be sent to remymagnepro@gmail.com, which replies within fifteen days.

These Terms are governed by French law.

A consumer Client may bring proceedings, at their choice, before the court of their place of residence or that of the place where the service is performed.

For business clients, failing an amicable agreement, the dispute falls to the courts having jurisdiction under the general rules, in principle the judicial court of the defendant’s place of residence.