Terms of use

Last updated: March 25, 2024

It Ducks is a French simplified joint stock company registered with the trade and companies register of Angers under number 831 116 330, having its headquarter located 25, rue Lenepveu 49100 Angers (France), (“It Ducks” or “We”).

It Ducks developed a SaaS platform called “Bump.sh” (the “Solution” or “Bump.sh”) enabling companies (the “Users”) to build and publish application programming interface (“APIs”) documentation.

Bump.sh is accessible through the following link.

By using the Solution and the website the User agrees to comply with the following general terms and conditions of services (the “T&Cs”) which form a binding contract between us, giving the User access to both the Solution and the website bump.sh (the “Website”).

To access the Solution, the User must first accept It Duck’s T&Cs and Privacy Policy, accessible and printable at any time using the links accessible on the bottom of the Website’s homepage.

1. Prerequisites

• The User certifies that it holds all the rights and authority necessary to agree to the T&C, that it is above 18 years old and that it is acting for professional purposes.

2. Description of the Solution

• The Solution enables the User to:

  1. generate documentation regarding its APIs specifications,
  2. review changes in their API through the Solution,
  3. gather all of their API documentation in a single content site.

• The extensive list of features is accessible here.

• The User uploads its own content (the “Content”). It Ducks has no access to the APIs’ code, nor any other information included in them.

• It Ducks reserves the right to aggregate data derived from the use of the Solution by Users such as technical changes in the APIs. Such data is anonymized. It Ducks uses the analytics to manage the Solution’s commercial and technical developments.

• The User can contact It Ducks for any questions or enquiries at the following address: hello@bump.sh.

3. Set up and installation

• To install the Solution, the User creates an account on the Website.
• The User fills in all the information marked as mandatory, such as its full name, email address, and password.
• The User guarantees that the information provided is correct, up-to-date, sincere, and not deceptive in any way.
• The User undertakes to update this information in the event of modification so that it corresponds at all times to the above criteria and is consistent with reality.
• Once the account is created, the Solution is directly accessible. No confirmation email is sent to the User.
• If a trial period is proposed the trial begins the moment the User creates its account. If the User does not confirm its subscription to the chosen fee-based plan at the end of the free trial then it automatically ends, and the User is downgraded to the free subscription plan.
• A User may benefit only from a single trial period. The creation of multiple accounts to circumvent this limitation is strictly prohibited and shall give the right for It Ducks to automatically close all access to the account.
• The User is solely and entirely responsible for the use of its name and password to access its account and undertakes to do everything to keep this information secret and not to disclose it, in whatever form and for whatever reason.
• The User does not have a right of withdrawal regarding the subscription to the Solution when its performance has begun before the expiry of a fourteen (14) day cooling off period.

4. License – Intellectual property

• It Ducks grants the User, for the duration of the use of the Solution, with a non-exclusive, non-transferable and strictly personal right to use the Solution, in accordance with the T&Cs, and under the conditions and within the limits set out below (the “License”).
• Our subscription offers are detailed on our Website.
• Our free plan can be accessed by simply creating an account (please refer to Section 3 above). Our free subscription plan can be modified and closed by It Ducks at any time without prior formal notification. The User cannot claim any indemnity or hold It Ducks responsible for this reason.
• It Ducks holds all intellectual and industrial property rights relating to the Solution and the Website. None of them is transferred to the User.
• In particular, the systems, structures, databases, logos, brands and contents of any nature (text, images, visuals, music, logos, brands, databases, etc.) operated by It Ducks within the Solution and/or the Website are protected by all current intellectual property rights or rights of database producers – to the exclusion of the Content as defined in Article 8.
• In particular, the User agrees not to:
• translate, adapt, arrange or modify the Solution and/or the Website, export it or merge it with other software,
• decompile or reverse engineer the Solution and/or the Website,
• copy, reproduce, represent or use the Solution and/or the Website for purposes not expressly provided for in the present T&Cs,
• use the Solution and/or the Website for purposes of comparative analysis or development of a competing product.
• The User may not transfer the License in any way whatsoever without the prior written consent of It Ducks.
• In the event of termination of this License, for whatever reason, the User shall immediately cease to use the Solution.
• This right of use is subject to the payment of the full amount of the fees due under the Licence.
• This License does not confer any exclusivity of any kind. It Ducks remains free to grant Licenses to third parties of its choice.
• The User acknowledges having been informed by It Ducks of all the technical requirements necessary to access and use the Solution. The User is also informed that these requirements may change, in particular for technical reasons. In case of any change, the User will be informed in advance.
• The User accepts these conditions and agrees not to use the Solution or its content for purposes other than its original function.
• The User grants It Ducks, for the duration of the use of the Solution, with the non-exclusive, non-transferable right to use the User's business logo on It Ducks marketing and sales collateral (website, slide decks, etc.).

5. Financial terms

• The prices applicable at the date of subscription to the Solution are accessible through the following link.
• Unless otherwise stated, prices are in dollars and exclusive of any taxes applicable, levies, duties, or other similar exactions imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively, “Taxes”). The User shall pay all Taxes associated with this contract, excluding any taxes based on It Ducks’ net income, property, or employees.
• The prices of the Solution may be revised from time to time. The User will be informed of these modifications by email. If the User does not accept the new financial conditions, the User shall unregister by following the procedure described in Article 17 below.

6. Payment conditions

• The User must pay the agreed subscription price monthly or yearly, from the time of subscription.
• Payment is made through Stripe, a secure payment service provider which, alone, keeps User’s bank details for this purpose. The User can access Stripe’s own terms and conditions at the following address.
• The User (i) guarantees that it has the necessary authorizations to use this payment method, and (ii) undertakes to take the necessary measures to ensure that the automatic debiting of the price can be done.
• The User is informed and expressly accepts that any payment delay on all or part of the price at a due date automatically induces, without prejudice to the provisions of Article 10 and without prior formal notification:
• the forfeiting of the term of all the sums due by the User which become due immediately,
• the immediate suspension of the access to the Solution until full payment of all the sums due,
• the invoicing to the benefit of It Ducks of a flat-rate penalty of 5% of the amounts due if the entire sum has not been paid within thirty (30) days after sending a non-payment formal notice,
• interest for late payment calculated at the monthly rate of 5% calculated on the basis of a 365-day year.

7. Compliant and loyal use of the Solution

• The User undertakes, when using the Solution, to comply with the laws and regulations in force and not to infringe third-party rights or public order.
• The User is solely responsible for the correct accomplishing of all the administrative, fiscal and social security formalities and all payments of contributions, taxes, or duties of any kind, where applicable, in relation to the use of the Solution.
• The User is informed and accepts that the implementation of the Solution requires to be connected to the Internet and that the quality of the Solution depends directly on this connection, for which the User alone is responsible.
• The User undertakes to provide It Ducks with all the information necessary for the correct performance of the Solution.
• The following are also strictly prohibited: any behavior which may interrupt, suspend, slow down or prevent the continuity of the Solution, any intrusion or attempts at the intrusion into the Solution, any unauthorized use of the Solution's system resources, any actions likely to place a disproportionate load of the latter, any infringement on the security and authentication measures, any acts likely to infringe on the financial, commercial or moral rights of It Ducks or the other Users of the Solution, lastly and more generally, any failure in respect of these T&Cs.
• It is strictly prohibited to make financial gain from, sell or transfer all or part of the access to the Solution and to the information and data which is hosted and/or shared therein.

8. Content

• The User alone is responsible for the Content uploaded through the Solution.
• The User’s Content remains, under all circumstances, the User’s full and exclusive property. It may not be reproduced and/or otherwise used by It Ducks for any purpose other than (i) the strict supply of the Solution and (ii) the aggregation of anonymized technical data for analytics purposes.
• The User grants, as necessary, It Ducks and its subcontractors a non-exclusive, worldwide, free and transferable license to host, cache, copy, display, and/or reproduce the Content for the sole purpose of performing the contract and exclusively in association with or in connection with the Solution and for the aggregation of anonymized technical data for analytics purposes.
• This license shall automatically terminate upon termination of the contractual relationship between the User and It Ducks unless it is necessary to continue hosting and processing the Content, in particular in the context of implementing reversibility operations, and/or in order to defend against any liability claims and/or to comply with rules imposed by laws and regulations.
• The User guarantees It Ducks that it has all the rights and authorizations necessary to use such Content and that it can grant It Ducks and its subcontractors a license under these terms.
• The User further declares and guarantees that by creating, installing, downloading, or transmitting the Content through the Solution, the User does not infringe third parties rights.
• The User undertakes to indemnify It Ducks for all financial consequences that It Ducks may have to bear as a result of a breach of the above-mentioned terms.
• The User acknowledges and accepts that It Ducks cannot be held responsible for the Content.

9. Accessibility of the Solution

• It Ducks undertakes to supply the Solution with diligence and according to best practice, it is specified that it has an obligation of means to the exclusion of any obligation of result, which the User expressly acknowledges and accepts.

• It Ducks shall make its best efforts to ensure that the Solution is accessible at all times, with the exception of cases of unavailability or maintenance.

  The User acknowledges that the User is informed that the unavailability of the Solution may be the result of (a) a maintenance operation, (b) an urgent operation relating in particular to security, (c) a case of “force majeure” as defined under article 1218 of the French Civil code, or (d) the malfunctioning of computer applications of It Ducks’ third-party partners. It Ducks undertakes to restore the availability of the Solution as soon as possible once the problem causing the unavailability has been resolved. It is specified that at the end of the period of unavailability, It Ducks will make accessible the Solution and the Content as they existed at the last date of backup carried out by It Ducks before the date of the beginning of unavailability of the Solution.

• It Ducks undertakes in particular to carry out regular checks to verify the operation and accessibility of the Solution. In this regard, It Ducks reserves the right to interrupt access to the Solution momentarily for maintenance reasons. Similarly, It Ducks may not be held responsible for momentary difficulties or impossibilities in accessing the Solution and/or Website, the origin of which are external to it, “force majeure”, or which are due to disruptions in the telecommunications network.

• It Ducks does not guarantee that the Solution, subject to a constant search to improve its performance, will be totally free from errors, defects, or faults.

• It Ducks shall make its best effort to resolve any technical issue the User may have in due diligence.

• It Ducks is not bound by maintenance services in the following cases:

• the User’s use of the Solution in a manner that does not comply with its purpose,

• unauthorized access to the Solution by a third-party caused by the User, including through the User’s negligence,

• the User’s failure to fulfill the User’s obligations under the T&Cs,

• implementation of any software package, software, or operating system not compatible with the Solution,

• failure of the electronic communication networks which is not the fault of It Ducks,

• the User’s refusal to collaborate with It Ducks in the resolution of the anomalies and in particular to answer questions and requests for information,

• the voluntary act of degradation, malice, sabotage,

• deterioration due to a case of “force majeure”.

• The User shall benefit from the updates and functional evolutions of the Solution decided by It Ducks and accept them from now on.

• The User cannot claim any indemnity or hold It Ducks responsible for any of the reasons mentioned above.

10. Violations – Sanctions

• In the event of a violation of any provision of these T&Cs or more generally in the event of any violation of any laws and regulations by the User, It Ducks reserves the right to take any appropriate measures including but not limited to:
  • suspending access to the Solution,
  • terminating the contractual relationship with the User,
  • deleting any of the Content,
  • informing any authority concerned,
  • initiating legal action.
• These actions may result in a loss of data or Content for which the User cannot claim any indemnity or hold It Ducks responsible.

11. Personal data

• In the context of the use of the Solution and the Website, It Ducks may collect and process certain personal data, including the User’s name, email address, postal address, banking information, IP address, connection and navigation data, and data recorded in cookies (the “Data”). It Ducks ensures that the Data is collected and processed in compliance with the provisions of French law no. 78-17 of 6 January 1978 on data processing, data files, and individual liberties, and the Regulation no 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “Data Protection Laws”), and in accordance with its Privacy Policy accessible on our Website. Under the Data Protection Laws, the User is the data controller of the Data carried out under the contract through the use of the Solution.
• The Privacy Policy is an integral part of the T&Cs.
• The User is invited to consult the Privacy Policy for a more detailed explanation of the conditions of the collection and processing of the Data.
• In particular, It Ducks undertakes to use only server hosting providers, in case they are located outside the European Union, who present sufficient guarantees as to the implementation of the technical and organizational measures necessary to carry out the processing of the User’s Data in compliance with the Data Protection Laws.
• In accordance with the provisions of the Data Protection Laws, the User has the right to access, rectify, delete, limit or oppose the processing of the Data, the right to define guidelines for the storage, deletion, and communication of the Data after its death and the right to the portability of the Data.
• The User can exercise these rights by e-mail to the following address: hello@bump.sh.
• It Ducks undertakes to guarantee the existence of adequate levels of protection in accordance with the applicable legal and regulatory requirements. However, as no mechanism offers absolute security, a degree of risk remains when the Internet is used to transmit Data.
• It Ducks shall notify the relevant authority and/or the person concerned of any possible violations of Data under the conditions provided by the Data Protection Laws.

12. Third parties

• It Ducks may under no circumstances be held responsible for the technical availability of the websites operated by third parties which are accessible through the Solution or the Website.
• It Ducks bears no responsibility with regard to the content, advertising, products and/or services available on such websites. A reminder is given that these are governed by their own terms and conditions of use.

13. Duration

• For all plans:

The Solution is subscribed and automatically renewed on identical terms on a (i) monthly basis or (ii) on a twelve (12) months basis.

Upgrade of the plan shall be effective immediately after payment of the fees.

Cancellation or downgrade of the plan shall be effective at expiration of the term of the initial plan. If the User cancels its subscription, 100% of the fees for the ongoing subscription remain due until expiration of the term of the initial plan. There shall be no reimbursement of the sum paid in advance.

• For Standard plans:

The User may unsubscribe from the Solution or change plans at any time directly through the Solution.

• For Business plans:

The User may unsubscribe from the Solution or change plans by giving written notice to It Ducks at least thirty (30) days before the expiration of the term (initial term or renewed term), by writing to the following address: hello@bump.sh.

14. Representation and warranties

• The Solution and Website are provided on an “as is” basis and It Ducks makes no other warranties, express or implied, and specifically disclaims any warranty of merchantability and fitness for a particular purpose as to the Solution provided under the T&Cs. In addition, It Ducks does not warrant that the Solution and Website will be uninterrupted or error-free.
• Other than as expressly set out in the T&Cs, It Ducks does not make any commitment about the Solution and Website’s availability or ability to meet the User’s expectations.

15. Liability

• In no event shall It Ducks be liable for:
• any indirect damage of any kind including any potential loss of business,
• any damage or loss which is not caused by a breach of its obligations under the T&Cs,
• disruptions or damages inherent to an electronic communication network,
• an impediment or limitation in the performance of the T&Cs or any obligation incumbent on It Ducks hereunder due to “force majeure”,
• the Content,
• contamination by viruses or other harmful elements of the Solution, or malicious intrusion by third parties into the system or piracy of the Solution,
• and, more generally, the User’s own making.
• It Ducks’ liability for any claim, loss, damage, or expense resulting directly from any negligence or omission in the performance of the Solution shall be limited for all claims, losses, damages, or expenses and all causes combined to the amount paid by the User during the last twelve (12) months preceding the claim.
• Any other liability of It Ducks shall be excluded.
• Moreover, It Ducks shall not be liable if the alleged fault results from the incorrect application of the recommendations and advice given in the course of the services.

16. Complaint

• For any complaint related to the use of the Solution and/or the Website, the User may contact It Ducks at the following address: hello@bump.sh.
• Any claim against It Ducks must be made within thirty (30) days following the occurrence of the event that is the subject of the claim. Failing this, the User may not claim any damages or compensation for the alleged breach.
• It Ducks undertakes to make its best efforts to respond to the complaints transmitted within a reasonable period of time in view of their nature and complexity.

17. Modification of the T&Cs

• It Ducks reserves the right to adapt or modify the T&Cs at any time by publishing an updated version on the Solution and the Website.
• It Ducks shall inform the User of such modification no later than fifteen (15) days before the entry into force of the new version of the T&Cs.
• Any modification of the T&Cs made necessary by a change in the applicable law or regulations, a court decision or the modification of the functionalities of the Solution and/or the Website shall come into force immediately.
• The version of the T&Cs applicable is the one in force at the date of use of the Solution and the Website.
• If the User does not accept the amended T&Cs, the User must unregister from the Solution according to the conditions laid down under Article 13 within the fifteen (15) days period mentioned above.

18. Applicable law

• The T&Cs are governed by French law.

19. Jurisdiction

• In the event of dispute as to the validity, interpretation and/or execution of these T&Cs, the parties agree that the Paris law courts shall be exclusively competent to rule on them, unless contrary imperative rules of procedure exist.

20. Coming into force

• The T&Cs entered into force on May 24, 2023.