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1. Purpose
These terms govern the sale and use of Holo, an online cache preheating service published by Justin Deboves, entrepreneur individuel (EI), trading as Aloha Pixel. Creating an account means accepting them in full. They prevail over any purchase conditions of the customer that have not been expressly accepted by us in writing.
2. The service
Holo reads the public sitemap of a site you declare, requests its public URLs the way a visitor's browser would, and measures the load time of each page before and after that request. It warms whatever cache layers those requests pass through, on your server or at a CDN edge. Holo installs nothing on your site, holds no access to your server, your admin or your database, and stores no page content: only URLs and timings.
3. Account
An account is opened with an email address and is confirmed through a one-time sign-in link. You are responsible for the confidentiality of the mailbox attached to the account and for everything done from it. You may only declare sites you own or administer, or for which you hold the owner's authorisation.
4. Plans and prices
Plans, their limits and their prices are those published on the pricing page on the day of subscription. Prices are stated in euros. TVA non applicable, article 293 B du CGI: the price displayed is the price charged, no tax is added to it. The Free plan is free of charge and carries no payment obligation.
5. Payment
Paid plans are billed yearly, in advance, by card, through our payment provider. We never see or store your card number. Payment is due on subscription and then on each renewal date. An invoice is issued for every payment and is available from your account.
6. Term, renewal and cancellation
A paid subscription runs for twelve months and renews for the same term unless cancelled. You can cancel at any time from your account, in two clicks and with no justification. Cancellation takes effect at the end of the period already paid for: the service stays available until that date, and no further payment is taken. There is no cancellation fee and no notice period.
7. Right of withdrawal
As a consumer you have fourteen days from subscription to withdraw, with no reason and no penalty, by writing to us. If you asked for the service to start immediately, which is the default, and you then withdraw, you owe the part of the price matching what was actually delivered up to your withdrawal. This right does not apply to a professional customer contracting within their field of activity, which covers most agencies and freelancers using Holo for their own client sites.
8. Commercial refund
Beyond the legal right above, we refund any first annual payment in full within thirty days of subscription, on request, whoever you are and whatever the reason. Write to us and the refund is issued to the original payment method. This commercial commitment adds to your legal rights and never replaces them.
9. Availability
We aim for continuous availability but do not guarantee it. Maintenance, an incident at a provider, or a defence measure against abuse may interrupt the service. Foreseeable maintenance is announced in advance where possible. A prolonged interruption attributable to us extends your subscription by the same duration, on request.
10. Fair use
The plan limits published on the pricing page define fair use. We may throttle or suspend an account that circumvents them, that declares sites it has no right to, that uses Holo to overload a third-party site, or that resells access without a written agreement. Suspension for abuse is notified with its reason and can be discussed.
11. Legal guarantees
You retain in full the legal guarantee of conformity (articles L224-25-12 and following of the French Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code). Nothing in these terms restricts them.
12. Liability
Holo makes external requests to public URLs, exactly as a visitor would; it is designed so that it cannot alter your site. Subject to the legal guarantees above and save for gross negligence or wilful misconduct, our liability for any claim is limited to the amount you paid over the twelve months preceding the event. We are not liable for the consequences of a fault in your own hosting, your cache or your CDN, which Holo measures but does not operate.
13. Personal data
The processing of personal data is described in the privacy policy, which forms part of these terms. In short: we store your email address, the sites you declare, and the load times we measure. We never store the content of your pages.
14. Changes to these terms
We may change these terms, in particular to follow a change in the service or in the law. The version in force is the one published on the date of your subscription or of its renewal. A substantial change is notified by email at least thirty days before it applies to you, and you may cancel free of charge before that date.
15. Mediation and applicable law
These terms are governed by French law. In the event of a dispute, contact us first at contact@alohapixel.com. As a consumer you may then refer the matter free of charge to our consumer mediator, Association Nationale des Mediateurs (ANM), 2 rue de Colmar, 94300 Vincennes, France (www.anm-conso.com), or use the European online dispute resolution platform at ec.europa.eu/consumers/odr. Failing agreement, the dispute goes before the competent French courts, a consumer being free to choose the court of their place of residence.
A question about this document? Write to contact@alohapixel.com or call us: a human answers within one business day.