/ Terms

Terms of Use and Service

Version dated 01/02/2026
B2B SaaS software Webflow template terms
By accessing or using Flowis, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please discontinue use of the service.

These Terms of Use and Service govern access to and use of the website www.orcheo.com, the Orcheo application and the associated services.

1. Definitions

For the purposes of these Terms, the terms below shall have the following meanings:

Subscription: means the plan subscribed to by the Client in order to access the Orcheo Services, according to the features, limits, prices and conditions indicated on the Website, in the Application, in a quote or in any applicable contractual document.

Administrator: means any User authorized by the Client to manage the Client Account, Users, access rights, settings, bank connections and, where applicable, the Subscription.

Application: means the Orcheo software application, accessible online, enabling Clients in particular to connect, centralize, analyze, monitor, forecast and use their financial, treasury and management data.

Data Protection Policy: means Orcheo’s personal data protection and cookies policy, available on the Website.

Client: means any legal entity or natural person acting exclusively for professional purposes, who creates a Client Account, subscribes to a Subscription or uses the Orcheo Services for the purposes of its business activity.

Client Account: means the professional workspace created by or for the Client in the Application, allowing the Client and its Users to access the Services.

User Account: means the individual access granted to a natural person authorized by the Client to use the Services under the Client’s responsibility.

Terms: means these Terms of Use and Service.

Agreement: means the contractual framework applicable between WYDIN SAS and the Client, consisting of these Terms, the subscribed Subscription, any accepted quote, any validated order, the Data Protection Policy and, where applicable, any applicable appendix.

Client Data: means all data, information, files, documents, settings, histories, transactions, balances, forecasts, categories, comments, rules, reports and other content transmitted, imported, generated, connected or processed by the Client or its Users in connection with the Services.

Credentials: means the elements enabling a User to access their User Account, including their email address, password, authentication codes or any other means of identification.

Orcheo: means the service published and operated by WYDIN SAS under the trade name Orcheo.

Third-Party Provider: means any service, software, API, bank, financial institution, payment service provider, data provider, cloud provider, artificial intelligence tool or other external provider likely to interact with the Services.

Services: means all services provided by Orcheo, including access to the Application, bank connection features, cash management, financial analysis, categorization, forecasting, artificial intelligence, reporting, administration, support and all associated features.

Website: means the website accessible at www.orcheo.com, as well as any page or subdomain operated by Orcheo.

User: means any natural person authorized by the Client to access the Services, including its officers, employees, contractors, advisers or collaborators.

WYDIN SAS: means WYDIN SAS, a French simplified joint-stock company (société par actions simplifiée) with share capital of €10,000, registered under number 921 024 188 RCS Paris, having its registered office at 61 Rue Emeriau, 75015 Paris, France.

2. Purpose

The purpose of these Terms is to define the conditions for accessing and using the Website, the Application and the Orcheo Services.

Orcheo is a professional SaaS solution designed to help businesses centralize, monitor, analyze and forecast their cash position, financial flows and certain management indicators, including through automation and artificial intelligence features.

The Services are intended exclusively for professional Clients. They are not intended for consumers or persons acting for non-professional purposes.

These Terms define in particular:

  • the conditions for accessing the Website and the Services;
  • the terms for creating and using the Client Account;
  • the rights and obligations of WYDIN SAS, the Client and the Users;
  • the rules applicable to Subscriptions, payments, data, third-party services, security, liability and termination.

The Services provided by Orcheo are tools intended to support analysis, management and decision-making. They do not constitute a banking service, a payment service, financial advice, investment advice, tax advice, legal advice or accounting advice.

3. Acceptance of the Terms

Access to the Website is subject to these Terms to the extent applicable to browsing the Website.

Access to the Application and use of the Services require the Client’s prior, full and unconditional acceptance of these Terms.

Such acceptance may result in particular from:

  • the creation of a Client Account;
  • ticking a box confirming acceptance of the Terms;
  • subscribing to a Subscription;
  • signing or validating a quote;
  • actual use of the Services.

By accepting the Terms, the Client declares that it:

  • acts exclusively in the course of its professional activity;
  • has the legal capacity and authorizations required to subscribe to and use the Services;
  • has received the necessary information before entering into its commitment;
  • has reviewed the features, limits, prices and conditions applicable to the Services;
  • accepts that the Terms constitute an enforceable contractual document.

The Client undertakes to ensure that all its Users comply with these Terms. Any use of the Services by a User shall be deemed to be carried out under the Client’s responsibility.

In the event of disagreement with all or part of these Terms, the Client or User must not access the Application or use the Services.

4. Access to the Website and the Service

Access to the Website is, in principle, free of charge and open, subject to its availability, maintenance operations and any restrictions that may be implemented for technical, legal or security reasons.

Access to the Services requires the creation of a Client Account and, where applicable, subscription to a Subscription.

WYDIN SAS uses its best efforts to ensure the accessibility of the Website and the Services, without guaranteeing permanent, uninterrupted or error-free access. Access may be suspended, limited or interrupted, in particular in the event of maintenance, updates, technical incidents, cyberattacks, force majeure, unavailability of a Third-Party Provider, legal obligations or risks to the security of the Services.

The Client is solely responsible for:

  • its internet access;
  • its IT equipment;
  • the compatibility of its technical environment;
  • the security of its systems;
  • the costs related to accessing and using the Services.

WYDIN SAS may modify, improve, correct, suspend or withdraw all or part of the Website or the Services, under the conditions set out in these Terms.

Certain features may depend on Third-Party Providers, including banks, providers of access to banking data, payment service providers, cloud providers, analytics tools or artificial intelligence services. WYDIN SAS does not guarantee the continuous availability, performance or maintenance of such third-party services.

5. Account Creation

To access the Services, the Client must create a Client Account or accept the creation of a Client Account by WYDIN SAS as part of a demonstration, trial, onboarding or subscription process.

The Client must provide accurate, complete and up-to-date information, including its identity, corporate name, professional contact details, email address, information relating to its business and, where applicable, the information required for billing and payment.

The Client represents that the person creating the Client Account or validating the Subscription has the authority required to bind the Client.

WYDIN SAS may request any information or verification reasonably necessary to confirm the Client’s identity, professional status, access rights, billing information or the security of the Client Account.

WYDIN SAS may refuse, suspend or delete the creation of a Client Account in the event of inaccurate, incomplete, fraudulent, unverifiable information, information contrary to these Terms, or in the event of legal, technical, commercial or security risk.

Each User must have their own User Account. Credentials are personal, confidential and non-transferable. The Client and Users are prohibited from sharing their Credentials with third parties.

The Client is solely responsible for:

  • appointing its Users;
  • managing their access rights;
  • removing access that is no longer required;
  • actions carried out from its Client Account or associated User Accounts;
  • the confidentiality and security of Credentials.

The Client must immediately inform WYDIN SAS in the event of loss, theft, unauthorized use, suspected compromise or security incident affecting a Client Account, a User Account or Credentials.

6. Professional Clients Only

The Orcheo Services are intended exclusively for Clients acting in the course and for the purposes of their professional activity.

The Client represents and warrants that it acts as a professional, including as a company, group, holding company, association, sole trader, regulated profession, firm, organization or any other structure carrying out a professional activity.

The Services are not intended for consumers, individuals acting for personal or household purposes, or minors.

The Services may be accessible from different countries. The Client remains responsible for ensuring that its access to the Services and its use of Orcheo comply with the laws and regulations applicable in its country, state, province or territory of establishment or use.

By creating a Client Account, subscribing to a Subscription or using the Services, the Client represents that it has the legal capacity, powers and authorizations required to bind the entity on whose behalf it acts.

WYDIN SAS reserves the right to refuse, suspend or terminate access to the Services where it reasonably considers that the Client is not acting in a professional capacity, that the information provided is inaccurate, or that the use of the Services is contrary to these Terms or to applicable laws and regulations.

7. Description of the Orcheo Service

Orcheo is an online software solution designed to help businesses centralize, monitor, analyze and forecast their cash position, financial flows and certain management indicators.

Depending on the Subscription subscribed to, the Services may in particular allow the Client to:

  • connect certain bank accounts or financial data sources;
  • centralize balances, transactions and financial information;
  • view its cash position;
  • analyze its inflows and outflows;
  • categorize transactions;
  • detect recurring transactions;
  • identify certain anomalies, trends or variations;
  • generate cash flow forecasts;
  • produce analyses, summaries, dashboards or reports;
  • collaborate with multiple Users within the same Client Account;
  • configure rules, preferences, access rights, categories or settings;
  • use certain automation and artificial intelligence features.

The list of available features depends on the Subscription, the country, the activated connections, the Third-Party Providers used, data availability and the evolution of the Services.

WYDIN SAS may modify, add, improve, restrict or withdraw certain features, in particular for technical, security, compliance, product improvement or commercial development reasons.

Certain features may be offered in beta, experimental, pilot or preview versions. Such features may be incomplete, unstable, modified or removed at any time. They are provided without any commitment as to maintenance, performance or availability.

8. AI Features and Limitations

Orcheo may include artificial intelligence, automation, statistical model, predictive analysis or content generation features, in particular to help the Client categorize transactions, detect recurring transactions, identify anomalies, produce forecasts, generate explanations or suggest analyses.

These features are provided as tools to support analysis and decision-making. They do not replace the professional judgment of the Client, its teams, advisers or service providers.

The Client acknowledges that results generated by artificial intelligence features may be incomplete, inaccurate, outdated, unsuitable for a particular situation or dependent on the quality of Client Data and data provided by Third-Party Providers.

The Client undertakes to verify the results, analyses, forecasts, suggestions, categories, alerts and content generated by Orcheo before any use, communication or decision.

No critical decision, including any financial, accounting, tax, legal, banking, investment, payment, financing, treasury or management decision, should be made solely on the basis of a result generated by Orcheo, without appropriate human validation.

WYDIN SAS does not warrant the accuracy, completeness, relevance or suitability of the results generated by artificial intelligence features for any specific need of the Client.

Unless otherwise stated in the Data Protection Policy or in a specific agreement, WYDIN SAS does not use Client Data to train generic or non-customized artificial intelligence models. WYDIN SAS may, however, use aggregated, anonymized data or data that does not identify the Client, its Users or data subjects, in order to improve, secure, measure or develop the Services, within the limits permitted by applicable law.

Certain artificial intelligence features may rely on Third-Party Providers, including providers of artificial intelligence models or infrastructures, such as Anthropic Claude, Google Gemini or any other equivalent provider that may be used by WYDIN SAS. Such providers may change over time.

9. No Financial, Legal, Tax, Accounting or Banking Advice

The Orcheo Services, including analyses, forecasts, alerts, explanations, dashboards, simulations, technical recommendations, categorizations or content generated by artificial intelligence, are provided for informational and operational purposes only.

They do not constitute:

  • financial advice;
  • investment advice;
  • tax advice;
  • legal advice;
  • accounting advice;
  • banking advice;
  • a payment service;
  • a portfolio management service;
  • a personalized investment recommendation;
  • a guarantee of results, performance, profitability, solvency or cash position.

The Client remains solely responsible for its decisions, filings, payments, investments, financings, arbitrations, forecasts, budgets, accounting treatment, tax choices, banking relationships and legal or regulatory obligations.

The Client is invited to consult its professional advisers, including accountants, statutory auditors, lawyers, tax advisers, banks, financial advisers or other qualified professionals, before making any important decision.

WYDIN SAS is not a bank, credit institution, payment institution, investment services provider, financial investment adviser, accounting firm, law firm or tax adviser.

10. Bank Connections and Third-Party Providers

Certain Orcheo features may allow the Client to connect or import data from bank accounts, financial institutions, software, cloud services, payment tools, accounting systems, ERPs or other third-party services.

These connections may be operated directly or through Third-Party Providers, including providers of bank aggregation, financial data access, payment, hosting, artificial intelligence, analytics, transactional email or support services.

As of the date of these Terms, Third-Party Providers that may be used by Orcheo may include, depending on the features enabled: Powens, Plaid, Stripe, Google Cloud, Anthropic Claude, Google Gemini, Google Analytics, HubSpot and Postmark. This list is indicative and may change.

The Client acknowledges that certain features depend on:

  • the availability of banks and financial institutions;
  • the availability of APIs and third-party services;
  • the consents granted by the Client or its Users;
  • the rules specific to banks, account access providers and other third-party services;
  • the quality, frequency, accuracy and completeness of the data transmitted;
  • applicable technical, contractual or regulatory limits.

WYDIN SAS shall not be liable for any unavailability, errors, delays, interruptions, restrictions, access removals, API changes, synchronization failures or inaccurate data attributable to a bank, financial institution, account access provider or any other Third-Party Provider.

Orcheo does not hold the Client’s funds, does not execute payment transactions on behalf of the Client and is not the holder of the connected bank accounts.

Where the Client uses services provided by a Third-Party Provider, such services may be subject to the contractual terms, privacy policies and security rules of that Third-Party Provider. The Client is responsible for reviewing such terms and ensuring that they are compatible with its needs and obligations.

The Client authorizes WYDIN SAS, to the extent necessary to provide the Services, to access, receive, process, store, structure and display data transmitted by Third-Party Providers, in accordance with these Terms and the Data Protection Policy.

WYDIN SAS may replace, add or remove a Third-Party Provider where necessary or useful to provide, maintain, secure, improve or develop the Services, subject to compliance with applicable legal obligations.

11. Subscriptions, Free Trial, Prices and Payment

Access to certain Services requires subscription to a Subscription.

The features, limits, durations, prices, billing terms and conditions applicable to each Subscription are indicated on the Website, in the Application, in the subscription flow, in a quote or in any other applicable contractual document.

WYDIN SAS may, at its discretion, offer a free trial, demonstration, pilot period or limited access to certain features. Unless otherwise stated, such access is temporary, not guaranteed, revocable at any time and may be subject to functional, technical or usage limits.

At the end of the free trial or pilot period, the Client must subscribe to a paid Subscription in order to continue using the paid Services. Failing this, access to the Services may be limited, suspended or deleted.

Prices are stated exclusive of taxes, unless otherwise indicated. Applicable taxes, bank charges, payment fees, currency conversion fees or commissions shall be borne by the Client.

Payment is made using the methods offered by Orcheo, including bank card, direct debit, bank transfer or any other accepted method. Payments may be processed by a Third-Party Provider, including Stripe or any equivalent provider.

The Client authorizes WYDIN SAS or its payment service provider to debit the amounts due according to the billing frequency applicable to the subscribed Subscription.

Unless otherwise stated, each Subscription is automatically renewed for successive periods of the same duration, unless terminated in accordance with these Terms or the subscription flow.

Any period started shall be due, unless otherwise required by mandatory law or agreed in writing.

In the event of non-payment or late payment, WYDIN SAS may suspend or limit access to the Services after notice to the Client has remained without effect for a reasonable period. WYDIN SAS may also terminate the Subscription under the conditions set out in these Terms.

Any late payment shall automatically and without prior formal notice give rise to late payment penalties calculated at the rate provided by applicable law or, if a rate is specified in the quote or invoice, at the rate specified therein within the limits permitted by law. The professional Client shall also be liable for a fixed debt collection fee of forty euros (€40), without prejudice to WYDIN SAS’s right to claim additional compensation if the debt collection costs actually incurred exceed such amount.

WYDIN SAS may modify its prices, plans and commercial terms. Changes applicable to current Subscriptions shall take effect upon their next renewal date, unless otherwise agreed or required for legal, regulatory, technical or security reasons.

12. Users, Roles and Access Rights

Depending on the subscribed Subscription, the Client may invite several Users to access the Client Account.

Each User must have a named User Account. Sharing Credentials between several persons is prohibited.

The Client is responsible for appointing its Users, assigning their roles, managing their access rights and removing access that is no longer required.

Depending on the available features, the Administrator may assign different access levels to Users, including viewing, creation, modification, administration, bank connection, configuration, export, invitation or deletion rights.

The Client undertakes to limit each User’s rights to the permissions strictly necessary for their duties.

Any action carried out from a User Account shall be deemed to have been carried out by the relevant User under the Client’s responsibility, unless proven otherwise.

The Client must update access rights without delay in the event of a change of role, departure of an employee, end of a contractor’s assignment, loss of authorization or security risk.

WYDIN SAS may suspend or limit access where it reasonably considers that such access presents a risk to the security, confidentiality or integrity of the Services, Client Data or third-party rights.

13. Client Obligations

The Client undertakes to use the Services in accordance with these Terms, applicable laws and regulations and third-party rights.

The Client undertakes in particular to:

  • provide accurate, complete, fair and up-to-date information;
  • use the Services only for the purposes of its professional activity;
  • have all rights, authorizations, powers and legal bases required to use the Services and process Client Data;
  • ensure that its Users comply with these Terms;
  • control the access, roles and permissions granted to its Users;
  • verify the data, analyses, categories, forecasts, alerts and results generated by the Services before any decision or use;
  • not use the Services for any unlawful, fraudulent, abusive activity or activity contrary to third-party rights;
  • not impair the operation, security, reputation or interests of WYDIN SAS, Orcheo, other clients or Third-Party Providers;
  • not attempt to access systems, accounts, data or services without authorization;
  • not copy, modify, disassemble, decompile, circumvent, resell, sublicense or misappropriate all or part of the Services;
  • not transmit any virus, malicious code, dangerous file or content likely to disrupt the Services;
  • inform WYDIN SAS without delay of any incident, error, unauthorized access, security breach or abnormal use of the Services of which it becomes aware.

The Client shall indemnify WYDIN SAS against any claim, penalty, damage, loss, cost or expense resulting from a breach by the Client or its Users of these Terms, applicable laws or third-party rights.

14. Security and Confidentiality of Access

Credentials are personal, confidential and non-transferable.

The Client and Users undertake to protect their Credentials, not to share them with third parties and to use authentication methods consistent with good security practices.

The Client is responsible for all actions carried out from its Client Account and associated User Accounts, unless it is proven that such actions are exclusively attributable to a fault of WYDIN SAS.

The Client must immediately notify WYDIN SAS in the event of loss, theft, disclosure, unauthorized use or suspected compromise of a Credential, Client Account or User Account.

WYDIN SAS may impose or recommend certain security measures, including enhanced authentication, email verification, session limitation, password reset or temporary suspension of access.

WYDIN SAS implements reasonable technical and organizational measures designed to protect the Services against unauthorized access, loss, alteration, unauthorized disclosure or destruction.

The Client acknowledges, however, that no IT system, cloud service, internet network or electronic transmission can be guaranteed to be completely secure or free from any risk.

The Client remains responsible for the security of its IT environment, devices, networks, software, internal systems, internet access and internal procedures.

15. Client Data

The Client remains the owner or holder of the usage rights relating to the Client Data that it imports, connects, transmits, enters, generates or processes in the Services.

WYDIN SAS does not acquire any ownership rights over Client Data solely as a result of its processing in Orcheo.

The Client grants WYDIN SAS, for the period necessary to provide the Services, the right to host, store, copy, process, structure, display, analyze, secure, transmit and use Client Data solely to the extent necessary:

  • to provide the Services;
  • for the operation of the Application;
  • to connect with Third-Party Providers;
  • for support and maintenance;
  • for security, fraud prevention and compliance;
  • to improve, measure and develop the Services, within the limits set out in these Terms and the Data Protection Policy.

The Client warrants that it has all rights, authorizations and legal bases necessary to transmit, connect, process and use Client Data in Orcheo.

The Client is solely responsible for the accuracy, quality, lawfulness, relevance, updating and completeness of Client Data.

WYDIN SAS is not required to verify Client Data or its compliance with the Client’s legal, accounting, tax, social, banking or regulatory obligations.

Where Client Data contains personal data, the respective roles and obligations of WYDIN SAS and the Client are specified in the Data Protection Policy and, where applicable, in the Data Processing Appendix.

Unless otherwise stated, WYDIN SAS acts as processor for the Client with respect to personal data integrated by the Client into the Services for its own purposes, and as controller with respect to data relating to the management of the commercial relationship, accounts, billing, support, security and improvement of the Services.

WYDIN SAS may use aggregated, anonymized data or data that does not identify the Client, its Users or any data subject, in order to produce statistics, improve the Services, measure their performance, strengthen their security or develop new features.

At the end of the Subscription, the Client may request the export or deletion of its Client Data under the conditions set out in these Terms, the Data Protection Policy and the features available in the Application.

16. GDPR Processing / DPA

Where WYDIN SAS processes personal data on behalf of the Client in connection with the Services, WYDIN SAS acts as processor within the meaning of the GDPR, and the Client acts as controller.

Such processing is governed by the Data Processing Appendix, which forms an integral part of these Terms.

The Data Processing Appendix specifies in particular:

  • the subject matter and duration of the processing;
  • the nature and purposes of the processing;
  • the categories of data processed;
  • the categories of data subjects;
  • the respective obligations of the Client and WYDIN SAS;
  • the technical and organizational security measures;
  • the conditions for using subprocessors;
  • the procedures for assisting the Client;
  • the rules applicable to personal data breaches;
  • the procedures for returning, deleting or exporting data at the end of the Agreement.

WYDIN SAS processes the personal data concerned only on documented instructions from the Client, unless otherwise required by a legal obligation applicable to WYDIN SAS.

The Client acknowledges that normal use of the Services, settings configured in the Application, activated connections, requested exports, User invitations and requests submitted to support constitute documented instructions.

WYDIN SAS may use subprocessors to provide, maintain, secure, host, analyze or improve the Services, including for hosting, bank aggregation, payment, artificial intelligence, transactional email, analytics, support or security.

WYDIN SAS ensures that its subprocessors are subject to appropriate contractual obligations regarding confidentiality, security and personal data protection.

The list of main subprocessors or categories of subprocessors may be set out in the Data Protection Policy, the Data Processing Appendix or any other area made available to the Client.

The Client authorizes WYDIN SAS to modify this list, subject to informing the Client under the conditions set out in the Data Processing Appendix, so that the Client may exercise its rights where applicable.

WYDIN SAS shall reasonably assist the Client, to the extent necessary and possible, in responding to rights requests, managing personal data breaches, carrying out impact assessments, responding to supervisory authorities and demonstrating compliance, in accordance with the GDPR.

17. Support, Maintenance and Availability

WYDIN SAS provides the Services in accordance with these Terms, the subscribed Subscription and the features available in the Application.

Depending on the Subscription and the conditions indicated on the Website, in the Application or in a quote, support may include:

  • assistance with using the Services;
  • help with configuration;
  • help connecting certain data sources;
  • handling incidents;
  • onboarding support;
  • answering technical or functional questions.

Support is provided through the channels offered by WYDIN SAS, including email, chat, help center, online documentation or any other available channel.

WYDIN SAS uses its best efforts to ensure the availability, continuity and security of the Services. Unless specifically agreed in writing, the Services are provided on a best-efforts basis and not as an obligation to achieve a specific result.

WYDIN SAS may carry out maintenance, correction, update, improvement, evolution, migration or security operations. Such operations may result in temporary unavailability, limited access or temporary degradation of certain features.

Where reasonably possible, WYDIN SAS endeavors to carry out scheduled maintenance at times that limit the impact on Clients.

The Client acknowledges that the availability of the Services may depend on factors outside WYDIN SAS’s control, including the internet, cloud providers, banks, bank aggregators, payment service providers, artificial intelligence tools, third-party APIs, the Client’s systems or force majeure.

WYDIN SAS does not warrant that the Services will be accessible continuously, uninterrupted, error-free, bug-free, delay-free or incident-free.

18. Suspension of the Service

WYDIN SAS may suspend, limit or restrict all or part of access to the Website, the Application, the Client Account, certain User Accounts or certain features in the following cases:

  • maintenance, update, correction, migration or improvement of the Services;
  • technical incident, unavailability, overload or malfunction;
  • security risk, cyberattack, fraud, unauthorized access or attempted intrusion;
  • risk to the integrity, confidentiality or availability of the Services or Client Data;
  • legal, regulatory, judicial or administrative request or obligation;
  • actual or suspected breach of these Terms;
  • unlawful, abusive, fraudulent or misappropriated use of the Services;
  • non-payment or late payment;
  • conduct by the Client or a User likely to harm WYDIN SAS, the Services, Third-Party Providers, other clients or third-party rights;
  • impossibility or restriction affecting a Third-Party Provider necessary for the provision of the Services.

Where reasonably possible, WYDIN SAS informs the Client of the suspension, its reason and its estimated duration.

However, suspension may occur immediately and without notice where necessary to prevent a security risk, avoid damage, comply with a legal obligation or protect the Services, Client Data, other clients or third parties.

Suspension does not release the Client from its payment obligations for amounts due, unless otherwise decided by WYDIN SAS or required by mandatory applicable law.

WYDIN SAS restores access once the cause of the suspension has ceased, provided that the Client has remedied the relevant breach or risk.

19. Termination

The Client may terminate its Subscription in accordance with the procedures provided in the Application, on the Website, in the quote or in any applicable contractual document.

Unless otherwise stated, termination takes effect at the end of the current Subscription period. Any period started remains due.

WYDIN SAS may terminate the Subscription or Client Account in the event of a serious or repeated breach by the Client or a User of these Terms, including in the event of:

  • non-payment of amounts due;
  • unlawful, fraudulent, abusive or misappropriated use of the Services;
  • breach of security or confidentiality rules;
  • infringement of the intellectual property rights of WYDIN SAS or a third party;
  • attempted unauthorized access to systems, accounts or data;
  • communication of false, incomplete or misleading information;
  • use of the Services contrary to applicable laws and regulations;
  • conduct harming WYDIN SAS, the Services, Third-Party Providers, other clients or third-party rights.

Except in cases of urgency, legal obligation, security risk or breach that cannot be remedied, termination for breach shall occur after written notice to the Client has remained without effect for fifteen days.

Termination may occur immediately, without notice or compensation, in the event of a serious security risk, fraud, manifestly unlawful use, legal obligation, serious infringement of WYDIN SAS’s rights or compromise of the Services.

On the effective date of termination, the Client and its Users shall cease to have access to the Services, except for any limited access that may be maintained to allow the export of Client Data under the conditions provided by WYDIN SAS.

Termination shall not affect any amounts due before its effective date, nor any obligations intended to survive the end of the Agreement, including clauses relating to confidentiality, intellectual property, liability, Client Data, personal data protection, payments due and dispute resolution.

20. Intellectual Property

WYDIN SAS is and remains the sole owner of all intellectual property rights relating to the Website, the Application, the Services, Orcheo, their interfaces, software, source and object code, databases, algorithms, models, workflows, graphics, texts, content, trademarks, logos, trade names, documentation, know-how, methods, developments, improvements and associated elements.

These Terms do not transfer any ownership rights to the Client or Users.

Subject to compliance with these Terms and payment of the amounts due, WYDIN SAS grants the Client a personal, non-exclusive, non-assignable, non-transferable and revocable right to access and use the Services, for its internal professional needs only, for the duration of the Subscription and within its limits.

The Client and Users are prohibited in particular from:

  • copying, reproducing, modifying, adapting, translating or creating a derivative work from the Services;
  • decompiling, disassembling, reverse engineering or attempting to access the source code, except to the extent mandatorily permitted by law;
  • circumventing or disabling technical, security or access control measures;
  • selling, renting, lending, sublicensing, transferring, distributing or making the Services available to a third party;
  • using the Services to develop, train, test or improve a competing service;
  • removing or modifying proprietary notices, trademarks, logos or distinctive signs of WYDIN SAS;
  • substantially extracting or reusing all or part of the databases, content or elements of the Services, unless expressly authorized.

The Client remains the owner of Client Data under the conditions set out in Article 15.

Any suggestion, comment, feedback, improvement request, idea or proposal submitted by the Client or Users regarding the Services may be freely used by WYDIN SAS to correct, improve, develop or evolve the Services, without consideration, restriction or obligation toward the Client, subject to compliance with confidentiality and personal data protection.

21. User Feedback and Service Improvement

The Client and Users may submit to WYDIN SAS comments, suggestions, improvement requests, feedback, reports, ideas, corrections or proposals regarding the Website, the Application or the Services.

Unless otherwise agreed in writing, such feedback may be freely used by WYDIN SAS to correct, maintain, improve, secure, develop, evolve or promote the Services, without restriction, obligation to pay compensation, prior validation or ownership right in favor of the Client or Users.

The Client acknowledges that WYDIN SAS remains free to decide whether or not to incorporate such feedback into the Services.

Where feedback contains confidential information or personal data, WYDIN SAS processes it in accordance with these Terms, the Data Protection Policy and, where applicable, the Data Processing Appendix.

User feedback must not contain information that the Client is not authorized to transmit to WYDIN SAS.

22. Limitation of Liability

WYDIN SAS provides the Services in accordance with these Terms, on a best-efforts basis, unless otherwise expressly agreed in writing.

The Client acknowledges that the Services are tools intended to support analysis, management and decision-making, and that it remains solely responsible for its decisions, actions, filings, payments, forecasts, accounting, tax, financial, legal, banking and management processing.

WYDIN SAS shall not be held liable for:

  • Client Data, information, instructions or settings provided by the Client or its Users;
  • the inaccuracy, incompleteness, obsolescence or lack of updating of Client Data;
  • decisions made by the Client on the basis of the Services;
  • results, analyses, forecasts, categories, alerts or content generated by artificial intelligence features where they have not been verified by the Client;
  • errors, delays, interruptions, unavailability or inaccurate data attributable to banks, Third-Party Providers, the Client’s systems, internet networks or external services;
  • damage caused by non-compliant, fraudulent, abusive or unlawful use of the Services;
  • losses resulting from the Client’s failure to comply with its legal, regulatory, tax, accounting, social, banking or contractual obligations.

WYDIN SAS shall not be liable for indirect, intangible or consequential damages, including loss of revenue, loss of margin, loss of profit, loss of opportunity, business interruption, loss of customers, damage to reputation, commercial prejudice, replacement costs, loss or alteration of data, or third-party claims, unless otherwise required by mandatory law.

In any event, if WYDIN SAS’s liability were to be incurred, the total amount of compensation due to the Client shall be limited to the amounts excluding taxes actually paid by the Client to WYDIN SAS under the relevant Subscription during the twelve months preceding the event giving rise to liability.

This limitation shall not apply in the event of gross negligence, willful misconduct or any mandatory provision to the contrary.

Any claim by the Client must be notified to WYDIN SAS within twelve months from the event giving rise to the damage. Failing this, the Client shall be deemed to have waived any corresponding action, unless otherwise required by mandatory law.

23. Force Majeure

Neither Party shall be held liable for any delay or failure to perform its obligations where such delay or failure results from a force majeure event within the meaning of French law.

Force majeure events include, without limitation: natural disaster, fire, flood, earthquake, war, act of terrorism, riot, social unrest, external strike, pandemic, epidemic, decision of a public authority, widespread interruption of telecommunications networks, large-scale cyberattack, major failure of a cloud provider, widespread failure of an essential provider, or any event beyond the reasonable control of the affected Party.

The affected Party shall inform the other Party as soon as possible of the occurrence of the event, its foreseeable effects and the reasonable measures implemented to limit its consequences.

Performance of the affected obligations shall be suspended for the duration of the force majeure event.

If the force majeure event lasts for more than sixty consecutive days and substantially prevents performance of the Agreement, each Party may terminate the relevant Subscription, without compensation, by written notice to the other Party.

Payment obligations that became due before the occurrence of the force majeure event shall remain payable.

24. Modification of the Terms

WYDIN SAS may modify these Terms in order, in particular, to take into account changes to the Services, applicable regulations, technical constraints, security requirements, market practices, Third-Party Providers or its business model.

The new Terms shall be communicated to the Client by any appropriate means, including by email, notification in the Application or publication on the Website.

Except in cases of urgency, legal obligation, minor correction or modification favorable to the Client, substantial modifications applicable to ongoing Subscriptions shall take effect after reasonable prior notice.

A Client who continues to use the Services after the new Terms come into force shall be deemed to have accepted them.

Where a substantial modification adversely affects the Client’s essential rights or obligations, the Client may terminate its Subscription before the modification comes into force, in accordance with the procedures specified in the notification, unless the modification results from a legal, regulatory, judicial, administrative or security obligation, or from a necessary evolution of the Services.

The applicable Terms shall be those in force on the date of subscription, renewal or use of the Services, as the case may be.

25. Governing Law and Jurisdiction

These Terms, the Agreement, the Subscription and any contractual relationship between WYDIN SAS and the Client are governed by French law.

In the event of any difficulty, the Parties shall endeavor to seek an amicable solution before bringing any legal proceedings.

Any dispute relating to the formation, interpretation, performance, non-performance, termination or consequences of these Terms, the Agreement or the Services shall fall within the exclusive jurisdiction of the Commercial Court of Paris, including in summary proceedings, multiple-defendant proceedings, third-party proceedings or urgent proceedings, subject to any mandatory rules of jurisdiction that may apply.

This jurisdiction clause applies only to the extent permitted by law, in particular between Parties contracting in a professional or commercial capacity.

Where certain mandatory provisions of a foreign law apply notwithstanding the choice of French law, they shall apply only to the extent strictly required by such law and shall not affect the validity of the other provisions of these Terms.

Appendix 1 — Data Processing Agreement

1. Purpose

This personal data processing appendix, or Data Processing Agreement (“DPA”), defines the conditions under which WYDIN SAS processes personal data on behalf of the Client in connection with the Orcheo Services.

It forms an integral part of the Terms of Use and Service.

In the event of any conflict between this Appendix and the Terms, this Appendix shall prevail with respect to matters relating to the processing of personal data carried out by WYDIN SAS as processor on behalf of the Client.

2. Roles of the Parties

For Client Data containing personal data and processed by WYDIN SAS on behalf of the Client, the Client acts as controller and WYDIN SAS acts as processor within the meaning of the GDPR.

The Client alone determines the purposes and essential means of the processing carried out through the Services.

WYDIN SAS processes such data only to provide, secure, maintain, improve and support the Services, in accordance with the Client’s documented instructions.

WYDIN SAS acts as a separate controller for processing carried out for its own purposes, including contract management, billing, security, support, marketing, service improvement, analytics, compliance and dispute management. Such processing is described in the Data Protection Policy.

Data Protection Contact Point

For any question relating to the processing of personal data in connection with the Orcheo Services, the Client may contact WYDIN SAS at the following address: privacy@orcheo.com.

This address does not constitute the formal appointment of a data protection officer, unless expressly stated otherwise.

3. Description of the Processing

Subject Matter of the Processing
Provision of a SaaS solution enabling the Client to centralize, analyze, categorize, forecast and use financial, banking and management data.

Duration of the Processing
The duration of the Subscription, extended by the time necessary for reversibility, export, deletion of data and compliance with applicable legal obligations.

Nature of the Operations
Collection, receipt, connection, import, hosting, storage, structuring, consultation, display, analysis, categorization, enrichment, synchronization, export, deletion, support, maintenance, security and transmission to the necessary subprocessors or providers.

Purposes of the Processing
Provision of the Orcheo Services, including bank connection, cash monitoring, flow analysis, categorization, detection of recurring transactions, forecasts, alerts, dashboards, multi-user collaboration, support, maintenance, security and improvement of the Services within the limits set out in the Agreement.

Categories of Data Subjects
Client Users, officers, employees, contractors, financial contacts, counterparties, customers, suppliers, business partners, persons mentioned in transaction labels, transactions, documents or data imported by the Client.

Categories of Personal Data Processed
Depending on the Client’s use of the Services:

  • identification data: surname, first name, role, company;
  • professional contact data: email, telephone, professional address;
  • access data: credentials, roles, permissions, logs, IP addresses;
  • banking and financial data: transactions, labels, amounts, dates, balances, partial or complete IBAN depending on the flows, account identifiers, categories, counterparties;
  • management data: budgets, forecasts, comments, rules, classifications, reports;
  • support data: messages, tickets, attachments, content transmitted to support;
  • any other personal data included by the Client in Client Data.

Sensitive Data
The Services are not intended for the processing of special categories of data within the meaning of Article 9 of the GDPR, nor data relating to criminal convictions and offences within the meaning of Article 10 of the GDPR. The Client undertakes not to use the Services to intentionally process such data, unless there is prior written agreement and appropriate safeguards.

4. Documented Instructions of the Client

WYDIN SAS processes personal data only on documented instructions from the Client.

The following are deemed to constitute documented instructions in particular:

  • acceptance of the Terms and this Appendix;
  • settings configured in the Application;
  • bank connections or integrations activated;
  • invitations and permissions granted to Users;
  • import, export, deletion, support or maintenance requests;
  • written instructions sent to WYDIN SAS.

WYDIN SAS shall inform the Client if, in its opinion, an instruction constitutes a breach of the GDPR or another applicable data protection provision, unless prohibited by a legal obligation.

5. Client Obligations

The Client undertakes to:

  • process personal data in accordance with the GDPR and applicable laws;
  • have a valid legal basis for each processing operation;
  • inform data subjects where necessary;
  • ensure the accuracy, lawfulness and relevance of the data transmitted to Orcheo;
  • not transmit unnecessary sensitive data;
  • manage the rights and authorizations of its Users;
  • document its instructions;
  • respond to requests from data subjects;
  • carry out, where necessary, any data protection impact assessment.

The Client remains solely responsible for the lawfulness of Client Data, the purposes it pursues and the use it makes of the Services.

6. Obligations of WYDIN SAS

WYDIN SAS undertakes to:

  • process personal data only for the purposes set out in the Agreement and on documented instructions from the Client;
  • ensure that persons authorized to process the data are subject to a confidentiality obligation;
  • implement appropriate technical and organizational measures;
  • reasonably assist the Client in responding to data subject rights requests;
  • reasonably assist the Client in the event of a personal data breach;
  • reasonably assist the Client with its security, impact assessment and prior consultation obligations, insofar as applicable to the Services;
  • make available the information necessary to demonstrate compliance with its processor obligations;
  • delete or return personal data at the end of the Agreement, under the conditions set out below.

7. Security Measures

WYDIN SAS implements technical and organizational measures appropriate to the nature of the data processed, the risks and the state of the art.

Such measures may include in particular:

  • access control;
  • User authentication;
  • authorization management;
  • logging of access and events;
  • encryption of communications;
  • measures to protect data in transit and at rest where applicable;
  • logical separation of environments and data;
  • backups;
  • monitoring, detection and handling of incidents;
  • vulnerability management procedures;
  • continuity and resilience measures;
  • internal security and confidentiality policies;
  • limiting access to persons with a need to know only;
  • regular review and improvement of security measures.

The Client acknowledges that these measures may evolve to take into account risks, technologies, Third-Party Providers and changes to the Services.

8. Subprocessors

The Client authorizes WYDIN SAS to use subprocessors for the purposes of providing, hosting, maintaining, securing, bank aggregation, artificial intelligence, payment, transactional email, analytics, support and improvement of the Services.

As of the date of these Terms, the categories of subprocessors that may be used include in particular:

  • cloud hosting: Google Cloud;
  • bank aggregation and access to financial data: Powens, Plaid or equivalent providers;
  • payment and billing: Stripe or equivalent provider;
  • artificial intelligence: Anthropic Claude, Google Gemini or equivalent providers;
  • analytics and CRM: Google Analytics, HubSpot or equivalent providers;
  • transactional email: Postmark or equivalent provider;
  • support and customer relationship: HubSpot or equivalent provider.

WYDIN SAS ensures that its subprocessors are subject to contractual obligations substantially equivalent to those set out in this Appendix with respect to personal data protection.

WYDIN SAS remains liable to the Client for the performance of its subprocessors’ obligations under the conditions provided by the GDPR.

WYDIN SAS may replace, add or remove a subprocessor. In the event of a substantial change, WYDIN SAS shall inform the Client by any appropriate means. The Client may object to such change on legitimate grounds relating to the protection of personal data, within a reasonable period indicated in the notification. Failing objection within such period, the change shall be deemed accepted.

If WYDIN SAS cannot reasonably take the Client’s objection into account, the Client may terminate the affected Services, without any compensation other than reimbursement on a pro rata basis of any amounts paid in advance for the unused period.

9. Transfers Outside the European Union

WYDIN SAS endeavors to prioritize hosting and processing of data within the European Union or in countries benefiting from an adequacy decision.

Certain data may, however, be transferred to or made accessible from countries located outside the European Union, in particular where necessary for the provision of the Services, support, security, artificial intelligence or the involvement of Third-Party Providers.

In such cases, WYDIN SAS implements appropriate safeguards in accordance with the GDPR, including an adequacy decision, standard contractual clauses adopted by the European Commission, additional measures where necessary, or any other mechanism recognized by applicable law.

10. Data Subject Rights Requests

Where WYDIN SAS directly receives a request to exercise rights concerning data processed on behalf of the Client, WYDIN SAS shall inform the Client as soon as possible, unless prohibited by a legal obligation.

WYDIN SAS shall not respond directly to the data subject, unless instructed by the Client or required by law.

WYDIN SAS shall reasonably assist the Client, taking into account the nature of the processing and the information available, to enable the Client to respond to requests for access, rectification, erasure, objection, restriction, portability or withdrawal of consent.

11. Personal Data Breaches

In the event of a personal data breach affecting data processed on behalf of the Client, WYDIN SAS shall inform the Client as soon as possible after becoming aware of it.

The notification shall include, to the extent such information is available:

  • the nature of the breach;
  • the categories and approximate number of data subjects concerned;
  • the categories and approximate number of records concerned;
  • the likely consequences;
  • the measures taken or proposed to remedy the breach;
  • the measures intended to mitigate any adverse effects;
  • a contact point for exchanges relating to the incident.

Where all information cannot be provided at the same time, WYDIN SAS shall provide it progressively as it becomes available.

The Client remains responsible, as controller, for notifications to the supervisory authority and data subjects where required.

12. Audit and Documentation

WYDIN SAS shall make available to the Client the information reasonably necessary to demonstrate compliance with its processor obligations.

Where necessary and justified, the Client may request an audit relating to the processing covered by this Appendix, subject to:

  • reasonable prior notice;
  • reasonable frequency;
  • compliance with the confidentiality, security and trade secrets of WYDIN SAS;
  • absence of excessive disruption to the Services;
  • use of an independent auditor subject to a confidentiality obligation;
  • the Client bearing the audit costs, except in the event of a proven breach by WYDIN SAS.

WYDIN SAS may satisfy this obligation in particular by providing compliance documents, attestations, reports, certifications, descriptions of security measures or written responses.

13. Assistance and Cooperation

WYDIN SAS shall reasonably assist the Client with its obligations relating to:

  • security of processing;
  • personal data breaches;
  • data subject rights requests;
  • data protection impact assessments;
  • prior consultations with a supervisory authority;
  • demonstration of the Client’s compliance.

Such assistance shall be provided within the limits of the information available to WYDIN SAS, the nature of the Services and the applicable obligations. Where the requested assistance exceeds standard support, WYDIN SAS may invoice the corresponding services according to its rates then in force or on the basis of a quote.

14. Fate of Data at the End of the Agreement

At the end of the Subscription or upon request from the Client, WYDIN SAS shall enable the Client, to the extent possible, to export Client Data in a standard format available in the Application.

At the end of the contractual relationship, WYDIN SAS shall delete or anonymize the personal data processed on behalf of the Client, except in the following cases:

  • legal retention obligation;
  • need to retain certain data for evidence, security, litigation or compliance purposes;
  • ongoing export or reversibility request;
  • retention in temporary backups, deleted according to the usual backup cycles.

Deletion or anonymization shall be carried out within a reasonable period after the end of the Agreement, subject to applicable technical and legal constraints.

15. Anonymized Data and Service Improvement

WYDIN SAS does not use Client Data to train generic or non-customized artificial intelligence models, unless specifically agreed by the Client or expressly provided otherwise in the Data Protection Policy.

WYDIN SAS may, however, use aggregated, anonymized data or data that does not identify the Client, its Users or any data subject, in order to measure, secure, analyze, develop and improve the Services.

Such anonymized data shall no longer be considered personal data where it no longer reasonably allows a natural person to be identified.

16. Term

This Appendix enters into force on the date of the Client’s acceptance of the Terms and remains applicable throughout the period during which WYDIN SAS processes personal data on behalf of the Client.

The obligations intended to survive the end of the Agreement, including confidentiality, security, deletion, evidence and cooperation, shall continue to apply after the end of the Subscription to the extent necessary.

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