Conditions d'utilisation

Section 1. Object

The company Copyfy, represented by its manager (hereafter " COPYFY ") publishes a service allowing to collect structured information on the practices and data contained on certain sites of sale on line in order to put statistical data at the disposal of its customers. These features will be referred to hereinafter as the "Service". The Service is offered for sale through the website: https://www.copyfy.io (the "Site"). The purpose of these general terms and conditions of sale and use (the "GTCU") is to define the characteristics of the Service as well as its conditions of use by the customers.

Article 2. Scope of application

he Service is exclusively intended for professional customers. Any person subscribing to the Service with Copyfy declares and guarantees that he/she is a natural person or a legal entity acting for purposes directly related to his/her commercial, industrial, artisanal, liberal or agricultural activity, including when he/she is acting in the name of or on behalf of another professional acting for the same purposes (the "Customer"). The GTCU are accessible at any time on the Site and prevail, if necessary, over any other version, previous or future. The GTCU can be communicated to the Customer upon request. The GCVU take effect from the date of their update indicated at the top of the present document and apply to the exclusion of all other conditions of sale or purchase. No specific condition, at the Customer's initiative, may be added to and/or substitute for these terms and conditions. Copyfy reserves the right to provide special conditions for its Services, special offers, special guarantees, etc. Before subscribing to the Service, the Customer declares that he has read and accepted the GTCU. The Customer acknowledges that, prior to any subscription to the Service, he/she has received sufficient information and advice from Copyfy, enabling him/her to ensure that the content of the Service is appropriate to his/her needs. The GTCU constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship. By subscribing to the Service, the Customer declares that he/she is of legal age and has the capacity to contract under the law of his/her country or declares that he/she represents, by virtue of a valid mandate, the person for whom he/she is subscribing to the Service.

Article 3. Description of the Service

The Service allows the collection of structured information on the practices and data contained on certain online sales sites in order to make information and statistical data available to its Clients. Only online shopping sites created and hosted by Shopify can be analyzed through the Service (hereinafter the "Merchant Sites"). The User may choose the language in which he/she wishes to use the Service by selecting from the languages offered on the Site (including French, English and Spanish). Access to the Service requires a computer, smartphone or tablet with a latest generation browser (Chrome, Firefox, Safari, etc.), a stable and fast connection to the Internet and a valid subscription to the Service. Copyfy offers three subscriptions, whose features are presented below: Starter Subscription: Simultaneous tracking of 5 sites - 20 product exports / month - 20 theme information / month - Support by email / chat from 10am to 7pm UTC 5 days a week - Top Stores Ranking (15) - Top Products ranking (15) ; Standard Subscription: Simultaneous tracking of 20 sites - 50 product exports / month - 50 theme information / month - Support by email / chat from 10am to 7pm UTC 5 days a week - Top Stores Ranking (50) - Top Products ranking (50) ; Pro Subscription: Simultaneous tracking of 40 sites - 80 product exports / month - 80 theme information / month - Support by email / chat from 10am to 7pm UTC 6 days a week - Top Stores Ranking (100) - Top Products ranking (100) - Priority Support *The Customer is expressly informed that the information (e.g. the number of sales of a product) provided by Copyfy as part of the Service is estimated. Copyfy provides this data as an indication of trends, but does not provide any guarantee as to the accuracy of the data transmitted. Monitoring of Merchant Sites: The Customer may modify the Merchant Sites monitored at any time and delete and add Sites, up to the maximum number of Merchant Sites included in the subscription. Export of product sheets and themes: If the Customer has not carried out all the exports included in his subscription at the end of the month, the remaining exports will not be renewed for the following month and will not give rise to any refund or compensation. Subscription change: The Customer can change his subscription at any time by going to the Subscriptions tab of the Platform. In case of a change of subscription, the new subscription will come into effect immediately but the date taken into account for the renewal will remain the initial subscription date. In case of a change to a higher subscription (from a starter subscription to a standard or pro subscription, or from a standard subscription to a pro subscription), the Customer pays the difference in price between the new subscription and the old one and benefits immediately from the features included in the new subscription. In the event of a change to a lower subscription (from a pro subscription to a standard or starter subscription or from a standard subscription to a starter subscription), the Customer immediately loses the benefit of the features of his previous subscription. The price difference between the previous subscription and the new subscription will be deducted from the next Customer invoice. All the data provided to the Customer as part of the Service is made available to him/her via an online space (Dashboard), accessible at the following address: https://www.copyfy.io/dashboard/ using the Customer's email address and the password chosen by him/her once the Service subscription has been validated.

Article 4. Free trial

Copyfy offers a free trial to enable customers to test its services before taking out a paid subscription. This free trial will be valid for a period of 7 days from the date of subscription. At the end of the 7-day period, the customer will no longer have access to the functionalities unless he/she takes out a subscription.

Article 5. Order and payment terms

The Customer chooses the subscription he wishes to subscribe to among the options listed on the Site and is then directed to an order page on which he enters the discount code applicable to his order (if any) as well as his contact and payment information. The Customer is solely responsible for the accuracy of the information provided and guarantees Copyfy against any false identity. The Customer cannot hold Copyfy responsible for any failure resulting from the inaccuracy of the information provided at the time of the order, which will be used to deliver the Service. In particular, the Customer must have a functional sending and receiving mailbox. Otherwise, he will not be able to configure his identifiers to access the Service. The Professional Customer is expressly informed that, in accordance with Article 1127-3 of the Civil Code, the subscription to the Service is not subject to the provisions of 1° to 5° of Article 1127-1 and Article 1127-2 of the Civil Code. Any order received by Copyfy is considered firm and final, entails full and complete acceptance of the GTCU under the conditions set out, and the obligation to pay for the Service. The provision of the Customer's bank details online and the final validation of the order will be considered as (i) proof of the Customer's agreement to the terms of these GTCU (ii) payment of the amounts due for the subscription to the Service and (iii) signature and express acceptance of all the operations carried out during the order on the Site (checkbox, uncheck, validation click, etc.). By validating the order, the Customer authorizes Copyfy (or its partners, payment service providers) to send instructions to its bank to debit the bank account whose details have been provided by the Customer. The Customer guarantees Copyfy that he/she is of legal age and that he/she has the necessary authorizations to use the payment method chosen by him/her when subscribing to the Service. The first payment is made by credit card on the Site, through payment services provided by third party providers and subject to their own contractual conditions over which Copyfy has no control (Stripe: https://stripe.com/payment-terms/legal). The following payments are made by monthly direct debit using the credit card information provided by the Customer and according to the conditions proposed by the payment service provider. Copyfy reserves the right to use the payment service providers of its choice and to change them at any time. The computerized records kept in Copyfy's computer systems constitute proof of all facts, acceptances and transactions between the parties. The order forms and invoices are archived on a reliable and durable medium that can be produced as proof. The Customer accepts that invoices or credit notes are sent to him in electronic format (PDF) and by email. The Customer undertakes to inform Copyfy if its billing address is different from the address of its registered office, and of any change of company name or of registered office or billing addresses occurring during the performance of the Contract.

Article 6. Pricing conditions

The Service subscribed to is delivered at the rates in force appearing on the Site and indicated to the Customer at the time of Subscription. At the time of subscription, the Customer is invited to choose between a subscription with a monthly or annual commitment, these two formulas being subject to differentiated pricing. Prices are indicated in euros excluding VAT, VAT is not applicable to the Service. It is the responsibility of the Professional Customer to carry out any useful verification and to comply with its tax obligations for which it is solely responsible. In the case of international sales, any customs duties and various taxes that may be payable are the sole responsibility of the Customer. Copyfy shall not be held liable for any of these. Copyfy reserves the right to offer limited-time introductory offers, promotional offers or price reductions on its Services and to revise its offers and prices on the Site at any time, in accordance with the law. The applicable rates are those in effect at the time of the subscription of the Service by the Customer, who cannot take advantage of other rates, prior or subsequent to the subscription of the Service. Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and can only be used once. Copyfy may change the price of the Service at any time and will inform the Customer at least 30 days before the new price comes into effect. The Customer can cancel his subscription under the conditions described in article 7 of the present document. If the Customer does not terminate the subscription on the day the new rate comes into effect, the new rate shall be deemed accepted by the Customer and shall apply to the next monthly payment due by the Customer.

Article 7. Incident of payment

The Customer agrees to pay Copyfy, without undue delay, all amounts due for the provision of the Service. Any default or delay in payment will result in the suspension of the Service until the situation is rectified by the Customer. In the event of late payment, the full price of the subscription will remain due and the Customer will not be able to claim any compensation or restitution for the days the Service is suspended. Copyfy also reserves the right to terminate the contract or refuse to provide the Service to a Customer who has not paid the full amount due to Copyfy or with whom a dispute is pending.

Article 8. Duration of the contract and terms of termination

The Service is provided in the form of a subscription for an indefinite period. The Contract comes into force as soon as the Customer takes out a subscription and until it is terminated by one of the Parties. At the time of subscription, the Customer may choose between a monthly subscription, which will be renewed by tacit agreement every month on the day of subscription, or an annual subscription, which will be renewed each year on its anniversary date. The Customer can cancel his subscription at the latest within 3 working days before the renewal date of his subscription by sending a request by chat or by email to the address: [email protected]. The Customer's cancellation request will be taken into account within 3 working days from the receipt of the Customer's request, it is therefore up to the Customer to send his cancellation request at the latest 3 working days before the renewal date of the subscription, if he does not wish to renew it. If the cancellation occurs after the automatic debit made each month/year, the order is deemed concluded for the month or year concerned and the cancellation will take effect at the end of the month or year of subscription in progress. Any month/year started is due in full and no amount already paid for the subscription will be refunded. After termination of the Contract, the Customer will no longer have access to his online space (Dashboard) or to the data, documents and information provided by Copyfy as part of the Service. It is the Customer's responsibility to download all data, documents or information provided by Copyfy as part of the Service before the termination of the Contract is effective. Copyfy will not make any backups on behalf of the Customer.

Article 9. Conditions of performance and warranty

Copyfy undertakes to use all the means at its disposal to provide the Service in accordance with the rules of the trade and to implement the necessary security measures. These commitments are obligations of means, which the Customer expressly accepts. Copyfy is not obliged to develop the Service, including to improve its ergonomics, use, performance or security. The Service is provided as is and does not include any related services such as assistance, on-site intervention, travel, maintenance, training or integration. Copyfy is not bound by any obligation of result and does not provide any express or implicit guarantee, in particular as to the continuity, performance, result or durability of the Service provided. The data and information provided to the Customer in the context of the Service are indicative and may not be considered as exact or precise. The Customer is expressly informed that the Service is not error-free. Any objectives, success stories or examples presented by Copyfy on the Website are provided for information purposes only and do not constitute a promise of profit or results. Copyfy can in no way guarantee that the Customer will obtain any result and these references are only used as examples. The price of the Service does not include any costs incurred by the Customer in order to achieve its objectives in the context of its activity.

Article 10 - Customer's commitments

The Customer agrees to : - Pay the full price of the Service ordered at the time of subscription and then each month or each year, for the duration of the subscription until termination by one of the parties. - Make the necessary backups of all reports, documents and files that may be made available to him/her as part of the Service. Copyfy does not make any backups on behalf of the Customer. - Inform Copyfy in advance of any change of situation, in particular a change of bank details. If you fail to do so, Copyfy reserves the right to temporarily or permanently suspend the provision of the Service to the Customer. - Never share with a third party any information, data, statistics or any other content provided by Copyfy in the context of the execution of the Service. The access rights to tools made available to the customer by COPYFY for the purposes of providing the Service are strictly personal to the customer. However, the Customer does not have an exclusive right to the tools, information, data or any other content provided to him in the context of the Service. The Customer declares that he fully accepts all legal obligations and risks related to the use of the Service, and is in particular solely responsible for the use he makes of the Service, or for the use of any software, tool, product, or IT solution implemented in the context of his professional activity. The Customer is solely responsible for complying with laws and regulations, in particular with regard to the processing of personal data (RGPD), privacy, labour law, consumer law, competition law and intellectual property. Copyfy shall not be held responsible for any breach or default by the Customer of any third party rights. The Customer guarantees Copyfy against any action or claim, particularly on the basis of counterfeiting, unfair competition, parasitic acts or violation of business secrets. In this respect, the Customer will bear all costs and expenses, including court costs and lawyers' fees, incurred by Copyfy in the event of such an action as well as the amount of settlement payments and/or damages that Copyfy may be ordered to pay. In the event of a breach by the Customer of the provisions of this article, Copyfy reserves the right to terminate the contract with the Customer, without notice and without this termination giving rise to any restitution or compensation whatsoever. These measures are without prejudice to any legal action that Copyfy may take as a result of the Customer's failure to comply.

Article 11. Copyfy's liability

Copyfy cannot be held responsible for a failure to perform its obligations resulting from the Customer or a third party, particularly in the following cases - Fault, negligence, omission or failure in the use of the Service by the Customer, - Request for temporary or permanent interruption of the Service from a competent administrative or judicial authority, - Failure of the Customer's computer, peripherals or network preventing the normal operation of the Service and over which Copyfy has no reasonable control, Copyfy is not responsible for any indirect or unforeseeable damage that may result from the use of the Service. Furthermore, Copyfy is in no way responsible for any damage resulting from the Customer's failure to perform any of its contractual, legal or regulatory obligations. By express agreement between the Parties, any financial or commercial loss, loss of profit, data, orders or customers, as well as any action taken against the Customer by a third party and in particular a person concerned by the collection of his data, is considered as indirect damage. IN ANY EVENT, IF COPYFY'S LIABILITY IS INCURRED AND/OR RECOGNISED IN CONNECTION WITH THE PERFORMANCE OF THE SERVICE, THE COMPENSATION THAT MAY BE CLAIMED FROM IT SHALL BE EXPRESSLY LIMITED - FOR ANY REASON AND BY ANY MEANS OTHER THAN THOSE EXCLUDED BY CASE LAW OR THE LAW - TO THE AMOUNT, EXCLUSIVE OF TAX, PAID BY THE CUSTOMER TO COPYFY DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Article 12. Force majeure

Copyfy shall not be held liable if the performance of the Contract or of any obligation incumbent upon it is prevented, limited or disrupted due to an event of force majeure. The following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals and without this list being restrictive strikes or industrial disputes internal or external to Copyfy, natural disasters, fires, epidemics or pandemics, interruption of energy supply, interruption of communications or transport of any kind, war, embargo, new law, injunction, request or requirement of any government or public authority, strike, boycott, withdrawal of authorization from the telecommunication operator or any other circumstance beyond the control of Copyfy. In the event that it is impossible to carry out the service for the above-mentioned reasons, Copyfy will notify the Customer within a reasonable period of time of its incapacity and, as far as possible, of the duration of the incapacity. In this case, the obligations of the parties will be suspended for the duration of the incapacity and will resume at the end of the incapacity, except in the event of termination by one of the parties during the period of incapacity. In the event of termination, payment for any Services performed will be due and any sums paid by the Customer will remain fully vested in Copyfy. The occurrence of a case of force majeure does not give rise to the possibility of reimbursement of sums already paid by the Customer, which he expressly accepts.

Article 13. Intellectual property and Customer contributions Intellectual property

Intellectual property Copyfy is the owner of all intellectual property rights relating to the Site and the Service and in particular to all content, text, images, videos, graphics, logos, icons, trademarks, sounds and software appearing on the Site or delivered as part of the Service. Access to the Site or the Service does not give the user browsing the site or the Customer any intellectual property rights, which remain the exclusive property of Copyfy. The user of the Site or the Customer may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site and the Service without the prior written permission of Copyfy. The Customer is prohibited from using and exploiting the Service on behalf of others. The Customer is responsible for the transfer or communication of data, information or any other content transmitted within the framework of the Service or for the sharing in any way whatsoever of his or her Dashboard connection identifiers. The Customer is responsible for the respect of Copyfy's intellectual property rights by all of its employees who may have access to the Service. Any use of all or part of the Site or the Service that is not previously authorized by Copyfy, for whatever reason, or the violation of its intellectual property rights (copyrights, trademarks, etc.) may result in the termination of the contract by Copyfy and the suspension of the Service, without this termination or suspension giving rise to any right to restitution or compensation whatsoever for the Customer. These measures are without prejudice to any legal action that Copyfy may take due to violations of its rights committed by the Customer. Customer contributions By submitting suggestions, ideas, improvements, comments or any other content (hereinafter together "Contributions") to Copyfy, the Customer: - Consents to Copyfy a royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable license to use, reproduce, modify, distribute, display, create derivative works of such Contributions, and freely exploit the Contributions, including for purposes of marketing and promoting Copyfy's products and services, without the Customer being entitled to demand any compensation or remuneration therefor. - Understands that Copyfy may choose to develop products or services that may be similar or identical to its Contributions, and that it has no right to compensation or remuneration for such uses. - Waives the right to seek any attribution, credit or request that his or her name be used in connection with the Contributions; - agrees that the Contributions are non-confidential; By submitting Contributions to Copyfy, Customer agrees to the terms and conditions contained in this section and waives any right to sue Copyfy for any actual or alleged infringement of any intellectual property rights in connection with its Contributions. This clause shall survive the resolution or termination of the Customer's contractual relationship with Copyfy.

Article 14. Personal data

Copyfy is responsible for the processing of its Customers' data containing personal information on the Customer's managers and/or employees who are its contacts, collected as part of the provision of the Service and for all usual contractual and pre-contractual relations between professionals, when the purpose of such processing is to manage the prospect-customer relationship, to invoice the Customer, to assist the Customer or any other legitimate purpose of Copyfy. In this respect, the natural persons concerned may exercise their rights of access, rectification, opposition, deletion, dereferencing and portability under the conditions and within the limits provided for by law by sending a written request to Copyfy's contact details at the top of this document. In the event that tools and access rights are made available to the Customer, the Customer is informed and accepts that Copyfy may put in place technical devices to monitor the provision of the Service (connected users, IP address, type of application used, various connection and usage logs) which may be used as part of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Service.

Article 15. Reference - Communication

The Customer agrees to be cited by Copyfy as its customer for the Service provided in its reference lists and proposals to its prospects and customers, in particular on Copyfy's website and social networks, in its commercial brochures in all forms, during interviews with third parties, communications to its staff, internal documents, in addition to cases where legal, regulatory or accounting provisions require it. Copyfy may make a presentation of the Service provided to the Customer, without this being considered a breach of confidentiality or an act of infringement. Thus, the Customer agrees that Copyfy may make reference to its name, its company name, one or more logos or trademarks of the Customer on the above-mentioned media worldwide. The Customer may inform Copyfy by any written means and at any time of its refusal and/or request the withdrawal of the above-mentioned reference.

Article 16. Miscellaneous provisions

In the event that one or more clauses of these GTCU are declared null and void or are impossible to implement, the validity of the other provisions shall not be affected. The titles and subtitles of the articles appearing are included for convenience only. By express agreement between the Parties, these headings and sub-headings may not be used to interpret any provision of the Agreement. Copyfy's failure to enforce any provision of these TOU or to condone its temporary or permanent non-enforcement shall not be construed as a waiver by such Party of any of its rights hereunder. The Parties acknowledge that they are acting as independent co-contractors. This Agreement shall not have the effect of creating a company or association of any kind between them.

Article 17. Dispute - Jurisdiction

The Contract is subject to French law. Any dispute relating to the interpretation, performance or termination of the Contract shall be subject to an attempt at amicable resolution between the Parties. IN THE ABSENCE OF AMICABLE RESOLUTION, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS OF THE CITY OF PARIS, EVEN FOR EMERGENCY PROCEEDINGS, PROTECTIVE PROCEEDINGS, PROCEEDINGS IN CHAMBERS AND PROCEEDINGS ON APPEAL; THIS PROVISION APPLIES NOTWITHSTANDING THE PLURALITY OF DEFENDANTS AND THE CALL FOR GUARANTEE.