General terms of use and of sale

1. Purpose

These general terms (the “Terms”) govern access to and use of the customer relationship management (CRM) software provided as a SaaS (Software as a Service) offering by Grégory DURAND — ECOM-INDUSTRIE (the “Publisher”) to its business customers (the “Customer”). Subscribing to the Service constitutes full and unreserved acceptance of these Terms.

2. Description of the Service

The Service is delivered on a single-tenant architecture: each Customer has a dedicated application instance and database, hosted with the Publisher's hosting provider (see legal notice). The features available depend on the plan subscribed to (see the price list provided to the Customer) and can be enabled individually by the Publisher (Settings > Modules and Settings > Licence).

3. Subscription, term and pricing

• The subscription is taken out for a term of [1 month / 1 year], renewable by [automatic renewal / express agreement].
• The applicable price is the one communicated to the Customer at the time of subscription, expressed [per user per month / as a flat fee], excluding taxes.
• The number of users and the active modules are set by the licence attached to the instance (Settings > Licence), in accordance with the plan subscribed to.
• Any price change is notified to the Customer with [30 days] notice before it takes effect.

4. Payment terms

Invoicing [on receipt / by direct debit / by card], payment within [X days]. Renewal of the licence (expiry date, Settings > Licence) is carried out by the Publisher upon receipt of payment. Should payment not be made when due, write access to the Service may be suspended (read-only) without deletion of data, until the situation is regularised.

5. Customer obligations

• Keep its users' sign-in credentials confidential.
• Use the Service for its intended purpose and in accordance with applicable regulations (in particular the GDPR as regards the data of its own customers and prospects — see the DPA).
• Inform the people whose calls are recorded when the telephony module is active (see the privacy policy, section 5).
• Not exceed the number of users allowed by its licence without upgrading first.

6. Availability and maintenance

The Publisher endeavours to keep the Service available [99% / 99.5%] of the time on a monthly basis, excluding scheduled maintenance (notified to the Customer with reasonable notice) and incidents attributable to the hosting provider. Automatic daily backups are performed; in the event of a major incident, the Publisher will restore them within a reasonable time.

7. Ownership of data

Data entered by the Customer while using the Service remains its exclusive property. The Customer may at any time request an export of its data (common formats: CSV, PDF). On termination, see the return/deletion arrangements in section 9.

8. Liability

The Publisher shall not be held liable for indirect damage (loss of revenue, commercial prejudice) arising from the use of, or inability to use, the Service. The Publisher's liability, where established, is limited to the amounts paid by the Customer in respect of the last [12] months of subscription.

9. Termination

Either party may terminate the subscription with [30 days] notice before the end of the current term. On termination:

1. Write access is suspended (licence not renewed); data remains readable for a grace period of [30 days].
2. The Customer may request a full export of its data during that period.
3. After that period, the data is permanently deleted (database and backups), unless a legal retention obligation provides otherwise.

10. Governing law and disputes

These Terms are governed by French law. Failing an amicable settlement, any dispute falls within the jurisdiction of the courts having jurisdiction over the Publisher's registered office.

11. Language

These Terms were drawn up in French. This English version is a courtesy translation. In the event of any discrepancy between the two versions, the French version shall prevail.