Terms & Conditions
Updated July 18, 2023
Article 1. Object
The company Copyfy, represented by its manager (hereinafter "COPYFY") publishes a service that collects structured information on the practices and data contained on certain online sales sites in order to make statistical data available to its customers. These functionalities will hereinafter be referred to as the "Service".
The Service is offered for sale via the website https://www.copyfy.io (the "Site").
The purpose of these general terms and conditions of sale and use (the "GTSU") is to define the characteristics of the Service and the conditions of use by customers.
Article 2. Scope of the Service
The Service is exclusively intended for professional customers. Any person subscribing to the Service from Copyfy declares and warrants that he/she is a natural or legal person acting for purposes directly related to his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional acting for identical purposes (the "Customer").
The CGVU are accessible at all times on the Site and prevail, where applicable, over any other version, previous or future. The CGVU may be communicated to the Customer on 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 replace 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/she has read and accepted the GTCU. The Customer acknowledges that, prior to any subscription to the Service, he has received sufficient information and advice from Copyfy, enabling him to ensure that the content of the Service is suited to his needs. The GCSU 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 collects structured information on the practices and data contained on certain online sales sites, in order to make information and statistical data available to its Customers. Only online sales sites created and hosted by Shopify can be analyzed via the Service (hereinafter referred to as "Merchant Sites").
The User may choose the language in which he/she wishes to use the Service by selecting one of the languages offered on the Site (in particular French, English and Spanish). Access to the Service requires a computer, smartphone or tablet equipped with the latest generation browser (Chrome, Firefox, Safari, etc.), a stable and fast Internet connection and a valid subscription to the Service.
Copyfy offers three subscriptions, whose features are described below:
*The Customer is expressly informed that the information (e.g. store sales) provided by Copyfy as part of the Service is estimated. Copyfy provides this data as an indication of trends, but does not guarantee the accuracy of the data provided.
Merchant site analysis: The Customer may modify the Merchant Sites tracked at any time, and delete and add Sites, up to the maximum number of Merchant Sites included in the subscription.
Product sheet and theme exports: If the customer has not carried out all the exports included in the 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.
Change of subscription: The Customer may change subscription at any time by going to the Subscriptions tab on the Platform. In the event of a change of subscription, the new subscription will come into effect immediately, but the date taken into account for renewal will remain the initial subscription date.
In the event 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 immediately benefits from the functionalities 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 functionalities of the previous subscription. The price difference between the previous subscription and the new one will be deducted from the next Customer invoice.
All the data supplied to the Customer as part of the Service is made available via an online space (Dashboard), accessible at the following address: https://www.copyfy.io/dashboard/ using the Customer's e-mail address and the password chosen by the Customer once the Service subscription has been validated.
Article 4. Free trial
Copyfy offers a free trial to enable the Customer to test its services before taking out a paid subscription. This free trial will be valid for a period of 5 days from the date of subscription.
At the end of the 5-day period, the customer will no longer have access to the functionalities unless he/she takes out a subscription.
Article 5. Ordering and payment
The Customer chooses the subscription to which he/she wishes to subscribe from among the options listed on the Site, and is then directed to an order page on which he/she enters the discount code applicable to his/her order (if applicable) as well as his/her contact and payment details.
The Customer is solely responsible for the accuracy of the information provided and guarantees Copyfy against any false identity. The Customer may not 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 electronic mailbox. Otherwise, he/she will not be able to configure his/her identifiers enabling access to the Service.
The Professional Customer is expressly informed that, in accordance with Article 1127-3 of the French Civil Code, subscription to the Service is not subject to the provisions of 1° to 5° of Article 1127-1 and Article 1127-2 of the French Civil Code.
Any order received by Copyfy is deemed firm and final, and implies full acceptance of the GTSU under the terms and conditions set out therein, as well as the obligation to pay for the Service.
The online provision of the Customer's bank details and the final validation of the order will constitute (i) proof of the Customer's agreement to the terms of these GCU (ii) payment of the sums due for the subscription to the Service and (iii) signature and express acceptance of all 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 has the necessary authorizations to use the method of payment chosen by him/her when subscribing to the Service.
The first payment is made by credit card on the Site, via payment services provided by third-party service 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 details provided by the Customer and in accordance with 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 registers kept in Copyfy's computer systems constitute proof of all facts, acceptances and transactions between the parties. 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 will be sent in electronic format only (PDF) and by e-mail. The Customer undertakes to inform Copyfy if its invoicing address is different from the address of its registered office, and of any change of company name or of registered office or invoicing addresses occurring during the performance of the Contract.
Article 6. Pricing conditions
The Service subscribed to is delivered at the current rates shown 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 given in euros, exclusive of 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 any tax obligations for which he/she is solely responsible. In the case of international sales, any customs duties or other taxes payable are the sole responsibility of the Customer. Copyfy accepts no liability in this respect.
Copyfy reserves the right to offer time-limited introductory offers, promotional offers or price reductions on its Services and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of subscription to the Service by the Customer, who may not take advantage of other rates, whether prior or subsequent to subscription to the Service. Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and may 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 retains the right to cancel his subscription under the conditions described in article 7 of the present contract. If the Customer has not cancelled by the date on which the new tariff comes into force, it will be deemed to have been accepted by the Customer and will apply to the next monthly payment due by the Customer.
Article 7. Payment incident
The Customer agrees to pay Copyfy, without undue delay, all sums 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, payment of the full subscription price 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 all sums due to Copyfy or with whom a dispute is in progress.
Article 8. Contract duration and termination terms
The Service is provided in the form of a subscription for an indefinite period. The Contract comes into force upon subscription by the Customer and remains in force until 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 from the date of subscription, or an annual subscription, which will be renewed each year on its anniversary date.
The Customer may cancel his subscription no later than 3 working days before the renewal date of his subscription by sending a request by chat or e-mail to the following address: contact@copyfy.io. The Customer's cancellation request will be processed within 3 working days of receipt of the Customer's request. It is therefore the Customer's responsibility to send their cancellation request no later than 3 working days before the subscription renewal date, if they do not wish to renew their subscription. If the cancellation occurs after the monthly/annual direct debit, the order is deemed to have been concluded for the month or year in question, and the cancellation will take effect at the end of the current subscription month or year. Any month/year commenced is due in full, and any amount already paid for the subscription will not be refunded.
Once the Contract has been terminated, 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 and information provided by Copyfy as part of the Service before the Contract is terminated. Copyfy will not make any back-ups 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 state of the art and to implement the necessary security measures. These commitments constitute obligations of means, which the Customer expressly accepts. Copyfy is under no obligation to develop the Service, including in order 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 provides no express or implicit guarantee, in particular as to the continuity, performance, results or durability of the Service provided. The data and information provided to the Customer as part of the Service are indicative and may under no circumstances be considered 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 Site are provided for information purposes only and in no way constitute a promise of gain 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 in any way include the costs incurred by the Customer in order to achieve his objectives within the framework of his activity.
Article 10 - Commitments of the Customer
The Customer undertakes to :
- Pay the full price of the Service ordered at the time of subscription, and every month or year thereafter, for the duration of the subscription until terminated by either party.
- Make the necessary backups of all reports, documents and files that may be made available 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. Failing this, Copyfy reserves the right to temporarily or permanently suspend the provision of the Service to the Customer.
- Never to share with a third party any information, data, statistics or any other content provided by Copyfy as part of the execution of the Service.
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 benefit from an exclusive right on the tools, information, data or any other content which is provided to him within the framework of the Service.
The Customer declares that he fully accepts all legal obligations and risks associated with 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 as part of his professional activity.
The Customer is solely responsible for compliance 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 law.
Copyfy cannot be held responsible for any failure or fault of the infringing the rights of third parties. The Customer guarantees Copyfy against any action or claim, particularly on the grounds of counterfeiting, unfair competition, parasitic acts or violation of business secrecy. In this respect, the Customer will bear all costs and expenses, including court costs and legal fees, incurred by Copyfy in connection with such an action, as well as the amount of any settlement 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 entered into with the Customer, without prior 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 breaches.
Article 11. Copyfy's liability
Copyfy shall not be held liable for any failure to perform its obligations resulting from the action of the Customer or a third party, in particular in the following cases:
- Fault, negligence, omission or failure in the use of the Service by the Customer,
- Request for temporary or definitive interruption of the Service by 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 means of control,
Under no circumstances will Copyfy be liable 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 a breach by the Customer of one of its contractual, legal or regulatory obligations. By express agreement between the Parties, any financial or commercial prejudice, loss of profit, data, orders or clientele, as well as any action brought against the Customer by a third party and in particular a person concerned by the collection of his/her data, is considered as indirect prejudice.
IN ANY EVENT, SHOULD COPYFY'S LIABILITY BE INCURRED AND/OR RECOGNIZED IN CONNECTION WITH THE PERFORMANCE OF THE SERVICE, THE COMPENSATION THAT MAY BE CLAIMED FROM IT IS 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 event, in addition to those usually recognized by the jurisprudence of French courts and tribunals and without this list being restrictive: strikes or industrial disputes within or outside 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 by the telecommunications operator or any other circumstance beyond Copyfy's control.
In the event of Copyfy being unable to provide the service for any of the aforementioned reasons, Copyfy will notify the Customer within a reasonable period of time of its inability to provide the service and, insofar as possible, of the duration of the inability to provide the service. In this case, the obligations of the parties will be suspended for the duration of the incapacity and will resume at its end, except in the event of termination by one of the parties occurring during this period of incapacity.
In the event of termination, payment for any Services rendered will be due and any sums paid by the customer will remain the full property of Copyfy. The occurrence of a case of force majeure does not give rise to any possibility of reimbursement of sums already paid by the Customer, which the Customer expressly accepts.
Article 13. Intellectual property and contributions by the Customer
Intellectual property rights
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 grant 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 consent of Copyfy.
The Customer agrees not to use or exploit the Service on behalf of others. The Customer accepts responsibility in the event of the transfer or communication of data, information or any other content transmitted as part of the Service, or the sharing in any way whatsoever of the Customer's Dashboard login details. The Customer is responsible for the respect of Copyfy's intellectual property rights by any of its employees who may have access to the Service.
Any use of all or part of the Site or the Service not previously authorized by Copyfy, for whatever reason, or any 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 such termination or suspension entitling the Customer to any restitution or compensation whatsoever. These measures are without prejudice to any legal action that Copyfy may take as a result of violations of its rights committed by the Customer.
Customer contributions
By submitting suggestions, ideas, improvements, comments or any other content (hereinafter together the "Contributions") to Copyfy, the Customer :
- Consents to Copyfy a free, perpetual, irrevocable, non-exclusive, worldwide and transferable license to use, reproduce, modify, distribute, display, create derivative works from such Contributions, and freely exploit the Contributions, including for the 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 remuneration or compensation for such uses.
- waives the right to solicit any attribution, credit or request that its name be cited in connection with the contributions;
- agrees that the Contributions are non-confidential;
By submitting Contributions to Copyfy, the Customer agrees to the terms and conditions set forth in this section and waives any right to sue Copyfy for any actual or alleged infringement of any intellectual property right 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 Customer data containing personal information about 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 for 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 given at the head of this document.
In the event of tools and access rights being made available to the Customer, the Customer is hereby informed and accepts that Copyfy may put in place technical devices enabling the provision of the Service to be monitored (connected users, IP address, type of application used, various connection and usage logs) which may be used in the context 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, its commercial brochures in all forms, during interviews with third parties, communications to its staff, internal documents, in addition to cases of legal, regulatory or accounting provisions requiring this.
Copyfy may make a presentation of the Service provided to the Customer, without this being considered an infringement of confidentiality or an act of counterfeiting. Thus, the Customer accepts that Copyfy may refer to its name, its corporate name, one or more logos or trademarks of the Customer on the aforementioned media throughout the world.
The Customer may inform Copyfy by any written means and at any time of its refusal and/or request the removal of the aforementioned reference.
Article 16. Miscellaneous provisions
In the event that one or more clauses of these GCUV are declared null and void or prove impossible to implement, the validity of the other provisions shall not be affected.
The titles and subtitles of the articles are included for convenience only. By express agreement between the Parties, these headings and sub-headings may under no circumstances be used to interpret any provision whatsoever of the Contract.
Copyfy's failure to enforce any provision of these GCUA 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. The present Contract shall not have the effect of creating between them a company or association of any form whatsoever.
Article 17. Dispute - Jurisdiction
The Contract is governed by 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 PETITION; THIS PROVISION APPLIES NOTWITHSTANDING PLURALITY OF DEFENDANTS AND WARRANTY CLAIMS.
Article 1. Object
The company Copyfy, represented by its manager (hereinafter "COPYFY") publishes a service that collects structured information on the practices and data contained on certain online sales sites in order to make statistical data available to its customers. These functionalities will hereinafter be referred to as the "Service".
The Service is offered for sale via the website https://www.copyfy.io (the "Site").
The purpose of these general terms and conditions of sale and use (the "GTSU") is to define the characteristics of the Service and the conditions of use by customers.
Article 2. Scope of the Service
The Service is exclusively intended for professional customers. Any person subscribing to the Service from Copyfy declares and warrants that he/she is a natural or legal person acting for purposes directly related to his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional acting for identical purposes (the "Customer").
The CGVU are accessible at all times on the Site and prevail, where applicable, over any other version, previous or future. The CGVU may be communicated to the Customer on 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 replace 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/she has read and accepted the GTCU. The Customer acknowledges that, prior to any subscription to the Service, he has received sufficient information and advice from Copyfy, enabling him to ensure that the content of the Service is suited to his needs. The GCSU 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 collects structured information on the practices and data contained on certain online sales sites, in order to make information and statistical data available to its Customers. Only online sales sites created and hosted by Shopify can be analyzed via the Service (hereinafter referred to as "Merchant Sites").
The User may choose the language in which he/she wishes to use the Service by selecting one of the languages offered on the Site (in particular French, English and Spanish). Access to the Service requires a computer, smartphone or tablet equipped with the latest generation browser (Chrome, Firefox, Safari, etc.), a stable and fast Internet connection and a valid subscription to the Service.
Copyfy offers three subscriptions, whose features are described below:
| Starter Subscription | Standard Subscription | Pro Subscription | |
|---|---|---|---|
| Analysis of Merchant Sites | Simultaneous tracking of 10 sites | Simultaneous tracking of 25 sites | Simultaneous tracking of 50 sites |
| CSV export of product data sheets (layout, etc.) | 20 exports / month | 50 exports / month | 80 exports / month |
| CSV export of themes (fonts used, colors, etc.) | 20 exports / month | 50 exports / month | 80 exports / month |
| Support | Support by email / chat from 10am to 7pm UTC 5 days out of 7 | Support by email / chat from 10am to 7pm UTC 5 days out of 7 | Support by email / chat from 10am to 7pm UTC 6 days out of 7 |
| Ranking of Merchant Sites with the most sales (Top boutiques) | YES (100) | YES (500) | YES (unlimited) |
| Ranking of Merchant Sites with the most sales (Top products) | YES (200) | YES (500) | YES (unlimited) |
| Current best ads | YES (unlimited) | YES (unlimited) | YES (unlimited) |
*The Customer is expressly informed that the information (e.g. store sales) provided by Copyfy as part of the Service is estimated. Copyfy provides this data as an indication of trends, but does not guarantee the accuracy of the data provided.
Merchant site analysis: The Customer may modify the Merchant Sites tracked at any time, and delete and add Sites, up to the maximum number of Merchant Sites included in the subscription.
Product sheet and theme exports: If the customer has not carried out all the exports included in the 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.
Change of subscription: The Customer may change subscription at any time by going to the Subscriptions tab on the Platform. In the event of a change of subscription, the new subscription will come into effect immediately, but the date taken into account for renewal will remain the initial subscription date.
In the event 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 immediately benefits from the functionalities 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 functionalities of the previous subscription. The price difference between the previous subscription and the new one will be deducted from the next Customer invoice.
All the data supplied to the Customer as part of the Service is made available via an online space (Dashboard), accessible at the following address: https://www.copyfy.io/dashboard/ using the Customer's e-mail address and the password chosen by the Customer once the Service subscription has been validated.
Article 4. Free trial
Copyfy offers a free trial to enable the Customer to test its services before taking out a paid subscription. This free trial will be valid for a period of 5 days from the date of subscription.
At the end of the 5-day period, the customer will no longer have access to the functionalities unless he/she takes out a subscription.
Article 5. Ordering and payment
The Customer chooses the subscription to which he/she wishes to subscribe from among the options listed on the Site, and is then directed to an order page on which he/she enters the discount code applicable to his/her order (if applicable) as well as his/her contact and payment details.
The Customer is solely responsible for the accuracy of the information provided and guarantees Copyfy against any false identity. The Customer may not 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 electronic mailbox. Otherwise, he/she will not be able to configure his/her identifiers enabling access to the Service.
The Professional Customer is expressly informed that, in accordance with Article 1127-3 of the French Civil Code, subscription to the Service is not subject to the provisions of 1° to 5° of Article 1127-1 and Article 1127-2 of the French Civil Code.
Any order received by Copyfy is deemed firm and final, and implies full acceptance of the GTSU under the terms and conditions set out therein, as well as the obligation to pay for the Service.
The online provision of the Customer's bank details and the final validation of the order will constitute (i) proof of the Customer's agreement to the terms of these GCU (ii) payment of the sums due for the subscription to the Service and (iii) signature and express acceptance of all 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 has the necessary authorizations to use the method of payment chosen by him/her when subscribing to the Service.
The first payment is made by credit card on the Site, via payment services provided by third-party service 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 details provided by the Customer and in accordance with 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 registers kept in Copyfy's computer systems constitute proof of all facts, acceptances and transactions between the parties. 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 will be sent in electronic format only (PDF) and by e-mail. The Customer undertakes to inform Copyfy if its invoicing address is different from the address of its registered office, and of any change of company name or of registered office or invoicing addresses occurring during the performance of the Contract.
Article 6. Pricing conditions
The Service subscribed to is delivered at the current rates shown 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 given in euros, exclusive of 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 any tax obligations for which he/she is solely responsible. In the case of international sales, any customs duties or other taxes payable are the sole responsibility of the Customer. Copyfy accepts no liability in this respect.
Copyfy reserves the right to offer time-limited introductory offers, promotional offers or price reductions on its Services and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of subscription to the Service by the Customer, who may not take advantage of other rates, whether prior or subsequent to subscription to the Service. Vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and may 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 retains the right to cancel his subscription under the conditions described in article 7 of the present contract. If the Customer has not cancelled by the date on which the new tariff comes into force, it will be deemed to have been accepted by the Customer and will apply to the next monthly payment due by the Customer.
Article 7. Payment incident
The Customer agrees to pay Copyfy, without undue delay, all sums 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, payment of the full subscription price 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 all sums due to Copyfy or with whom a dispute is in progress.
Article 8. Contract duration and termination terms
The Service is provided in the form of a subscription for an indefinite period. The Contract comes into force upon subscription by the Customer and remains in force until 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 from the date of subscription, or an annual subscription, which will be renewed each year on its anniversary date.
The Customer may cancel his subscription no later than 3 working days before the renewal date of his subscription by sending a request by chat or e-mail to the following address: contact@copyfy.io. The Customer's cancellation request will be processed within 3 working days of receipt of the Customer's request. It is therefore the Customer's responsibility to send their cancellation request no later than 3 working days before the subscription renewal date, if they do not wish to renew their subscription. If the cancellation occurs after the monthly/annual direct debit, the order is deemed to have been concluded for the month or year in question, and the cancellation will take effect at the end of the current subscription month or year. Any month/year commenced is due in full, and any amount already paid for the subscription will not be refunded.
Once the Contract has been terminated, 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 and information provided by Copyfy as part of the Service before the Contract is terminated. Copyfy will not make any back-ups 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 state of the art and to implement the necessary security measures. These commitments constitute obligations of means, which the Customer expressly accepts. Copyfy is under no obligation to develop the Service, including in order 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 provides no express or implicit guarantee, in particular as to the continuity, performance, results or durability of the Service provided. The data and information provided to the Customer as part of the Service are indicative and may under no circumstances be considered 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 Site are provided for information purposes only and in no way constitute a promise of gain 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 in any way include the costs incurred by the Customer in order to achieve his objectives within the framework of his activity.
Article 10 - Commitments of the Customer
The Customer undertakes to :
- Pay the full price of the Service ordered at the time of subscription, and every month or year thereafter, for the duration of the subscription until terminated by either party.
- Make the necessary backups of all reports, documents and files that may be made available 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. Failing this, Copyfy reserves the right to temporarily or permanently suspend the provision of the Service to the Customer.
- Never to share with a third party any information, data, statistics or any other content provided by Copyfy as part of the execution of the Service.
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 benefit from an exclusive right on the tools, information, data or any other content which is provided to him within the framework of the Service.
The Customer declares that he fully accepts all legal obligations and risks associated with 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 as part of his professional activity.
The Customer is solely responsible for compliance 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 law.
Copyfy cannot be held responsible for any failure or fault of the infringing the rights of third parties. The Customer guarantees Copyfy against any action or claim, particularly on the grounds of counterfeiting, unfair competition, parasitic acts or violation of business secrecy. In this respect, the Customer will bear all costs and expenses, including court costs and legal fees, incurred by Copyfy in connection with such an action, as well as the amount of any settlement 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 entered into with the Customer, without prior 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 breaches.
Article 11. Copyfy's liability
Copyfy shall not be held liable for any failure to perform its obligations resulting from the action of the Customer or a third party, in particular in the following cases:
- Fault, negligence, omission or failure in the use of the Service by the Customer,
- Request for temporary or definitive interruption of the Service by 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 means of control,
Under no circumstances will Copyfy be liable 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 a breach by the Customer of one of its contractual, legal or regulatory obligations. By express agreement between the Parties, any financial or commercial prejudice, loss of profit, data, orders or clientele, as well as any action brought against the Customer by a third party and in particular a person concerned by the collection of his/her data, is considered as indirect prejudice.
IN ANY EVENT, SHOULD COPYFY'S LIABILITY BE INCURRED AND/OR RECOGNIZED IN CONNECTION WITH THE PERFORMANCE OF THE SERVICE, THE COMPENSATION THAT MAY BE CLAIMED FROM IT IS 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 event, in addition to those usually recognized by the jurisprudence of French courts and tribunals and without this list being restrictive: strikes or industrial disputes within or outside 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 by the telecommunications operator or any other circumstance beyond Copyfy's control.
In the event of Copyfy being unable to provide the service for any of the aforementioned reasons, Copyfy will notify the Customer within a reasonable period of time of its inability to provide the service and, insofar as possible, of the duration of the inability to provide the service. In this case, the obligations of the parties will be suspended for the duration of the incapacity and will resume at its end, except in the event of termination by one of the parties occurring during this period of incapacity.
In the event of termination, payment for any Services rendered will be due and any sums paid by the customer will remain the full property of Copyfy. The occurrence of a case of force majeure does not give rise to any possibility of reimbursement of sums already paid by the Customer, which the Customer expressly accepts.
Article 13. Intellectual property and contributions by the Customer
Intellectual property rights
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 grant 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 consent of Copyfy.
The Customer agrees not to use or exploit the Service on behalf of others. The Customer accepts responsibility in the event of the transfer or communication of data, information or any other content transmitted as part of the Service, or the sharing in any way whatsoever of the Customer's Dashboard login details. The Customer is responsible for the respect of Copyfy's intellectual property rights by any of its employees who may have access to the Service.
Any use of all or part of the Site or the Service not previously authorized by Copyfy, for whatever reason, or any 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 such termination or suspension entitling the Customer to any restitution or compensation whatsoever. These measures are without prejudice to any legal action that Copyfy may take as a result of violations of its rights committed by the Customer.
Customer contributions
By submitting suggestions, ideas, improvements, comments or any other content (hereinafter together the "Contributions") to Copyfy, the Customer :
- Consents to Copyfy a free, perpetual, irrevocable, non-exclusive, worldwide and transferable license to use, reproduce, modify, distribute, display, create derivative works from such Contributions, and freely exploit the Contributions, including for the 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 remuneration or compensation for such uses.
- waives the right to solicit any attribution, credit or request that its name be cited in connection with the contributions;
- agrees that the Contributions are non-confidential;
By submitting Contributions to Copyfy, the Customer agrees to the terms and conditions set forth in this section and waives any right to sue Copyfy for any actual or alleged infringement of any intellectual property right 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 Customer data containing personal information about 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 for 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 given at the head of this document.
In the event of tools and access rights being made available to the Customer, the Customer is hereby informed and accepts that Copyfy may put in place technical devices enabling the provision of the Service to be monitored (connected users, IP address, type of application used, various connection and usage logs) which may be used in the context 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, its commercial brochures in all forms, during interviews with third parties, communications to its staff, internal documents, in addition to cases of legal, regulatory or accounting provisions requiring this.
Copyfy may make a presentation of the Service provided to the Customer, without this being considered an infringement of confidentiality or an act of counterfeiting. Thus, the Customer accepts that Copyfy may refer to its name, its corporate name, one or more logos or trademarks of the Customer on the aforementioned media throughout the world.
The Customer may inform Copyfy by any written means and at any time of its refusal and/or request the removal of the aforementioned reference.
Article 16. Miscellaneous provisions
In the event that one or more clauses of these GCUV are declared null and void or prove impossible to implement, the validity of the other provisions shall not be affected.
The titles and subtitles of the articles are included for convenience only. By express agreement between the Parties, these headings and sub-headings may under no circumstances be used to interpret any provision whatsoever of the Contract.
Copyfy's failure to enforce any provision of these GCUA 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. The present Contract shall not have the effect of creating between them a company or association of any form whatsoever.
Article 17. Dispute - Jurisdiction
The Contract is governed by 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 PETITION; THIS PROVISION APPLIES NOTWITHSTANDING PLURALITY OF DEFENDANTS AND WARRANTY CLAIMS.
Updated on: 27/08/2024
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