Terms and Conditions
This document was last updated on October 3rd, 2023
1. Definitions
1.1. These General Terms and Conditions of Sale (hereinafter “T&C”) are offered by ERPLAIN (hereinafter the “Company”), a simplified joint-stock company with share capital of 63,529.00 Euros, registered in the Grenoble Trade and Companies Register under number 840 329 874, whose registered office is located at 29 Chemin du vieux Chêne, 38240, Meylan, France. Its e-mail address is contact@erplain.com and its individual VAT identification number is FR83840329874.
1.2. The Company is the owner and publisher of the website www.stockpit.app (hereinafter the “Site”). This site is hosted by Webflow Inc., whose registered office is located at 398 11th Street, Floor 2, San Francisco, CA 94103. The Company is also the owner and publisher of the go.stockpit.app software (hereinafter the “Software”). This software is hosted on the Amazon Web Services (AWS) Cloud offering. It is geographically located in the AWS Western Europe hosting center in Paris.
1.3. The Customer is a legal entity represented by a natural person who has approved these T&C. The Customer may also be a sole proprietorship or a self-employed individual. These T&C are considered business-to-business (B-to-B) transactions and pertain only to transactions between businesses, rather than between a business and an individual consumer.
1.4. The Software offers the Customer (hereinafter referred to as the “Customer”) the opportunity to purchase Services (hereinafter referred to as the “Services”), and in particular inventory management services as presented on the Site. These Services are made available to the Customer as SaaS (Software as a Service).
1.5. The Services include the use of the Stockpit Software and all its features: Inventory management Order management Delivery management Purchasing management Product catalog management Customer and supplier management
1.6. The Customer must take out a subscription (hereinafter the “Subscription”) to access the Services and use the Software. The plan (hereinafter the “Plan”) refers to the level of services associated with the Software Subscription.
1.7. Before using the Software and ordering the Services offered by the Company, the Customer must ensure that it has the technical and IT resources required to use the Software and order the Services on the Software, and that its browser allows secure access to said Software. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition, up-to-date, not obsolete, free of viruses, and complies with the required specifications.
1.2. The Company is the owner and publisher of the website www.stockpit.app (hereinafter the “Site”). This site is hosted by Webflow Inc., whose registered office is located at 398 11th Street, Floor 2, San Francisco, CA 94103. The Company is also the owner and publisher of the go.stockpit.app software (hereinafter the “Software”). This software is hosted on the Amazon Web Services (AWS) Cloud offering. It is geographically located in the AWS Western Europe hosting center in Paris.
1.3. The Customer is a legal entity represented by a natural person who has approved these T&C. The Customer may also be a sole proprietorship or a self-employed individual. These T&C are considered business-to-business (B-to-B) transactions and pertain only to transactions between businesses, rather than between a business and an individual consumer.
1.4. The Software offers the Customer (hereinafter referred to as the “Customer”) the opportunity to purchase Services (hereinafter referred to as the “Services”), and in particular inventory management services as presented on the Site. These Services are made available to the Customer as SaaS (Software as a Service).
1.5. The Services include the use of the Stockpit Software and all its features: Inventory management Order management Delivery management Purchasing management Product catalog management Customer and supplier management
1.6. The Customer must take out a subscription (hereinafter the “Subscription”) to access the Services and use the Software. The plan (hereinafter the “Plan”) refers to the level of services associated with the Software Subscription.
1.7. Before using the Software and ordering the Services offered by the Company, the Customer must ensure that it has the technical and IT resources required to use the Software and order the Services on the Software, and that its browser allows secure access to said Software. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition, up-to-date, not obsolete, free of viruses, and complies with the required specifications.
2. Application and enforceability of the T&C
2.1. The purpose of these T&C is to define all the conditions under which the Company markets to Customers the Software and the Services offered for sale on its Site. They therefore apply to any Order (“Order”) for products and/or Services placed through the Software by the Customer.
2.2. The Customer declares that it has read and accepted these T&C before placing its Order.
2.3. Validation of the Order therefore implies acceptance of these T&C. These T&C are regularly updated, and the applicable version is the one in force on the Site on the date the Order is placed.
2.4. In the absence of express acceptance by the Customer, any contrary conditions shall be unenforceable against the Company, regardless of when it may have been brought to its attention.
2.5. If the Company chooses not to avail itself at a given time of any provision of these T&C, this shall not be interpreted as a waiver of the right to avail itself at a later date of any provision hereof.
2.6. If any clause of these T&C is declared null and void, the remaining clauses of these T&C shall remain unchanged.
2.2. The Customer declares that it has read and accepted these T&C before placing its Order.
2.3. Validation of the Order therefore implies acceptance of these T&C. These T&C are regularly updated, and the applicable version is the one in force on the Site on the date the Order is placed.
2.4. In the absence of express acceptance by the Customer, any contrary conditions shall be unenforceable against the Company, regardless of when it may have been brought to its attention.
2.5. If the Company chooses not to avail itself at a given time of any provision of these T&C, this shall not be interpreted as a waiver of the right to avail itself at a later date of any provision hereof.
2.6. If any clause of these T&C is declared null and void, the remaining clauses of these T&C shall remain unchanged.
3. Ordering services on the site
3.1. The Services offered for sale are described and presented as accurately as possible on the Site and the Software. Nevertheless, any variation or difference in the presentation of the products and/or Services shall not engage the Company's liability, nor does this affect the validity of the sale.
3.2. The Company reserves the right to correct the content of the Site and Software at any time.
3.3. The Customer selects the Service(s) it wishes to purchase and can access the Order Summary at any time.
3.4. The Order Summary lists the Service(s) selected by the Customer, and includes any additional charges, such as applicable sales taxes, which may be added to the price of the Service(s) in the Order. The Customer may modify its Order and correct any errors before accepting it.
3.5. After accessing the Order Summary, the Customer confirms acceptance of the Order by clicking on the Order validation button.
3.6. Once the Terms and Conditions have been accepted and the Order has been validated with the obligation to pay, the Contract is deemed validly concluded between the Company and the Customer and irrevocably enforceable and binding for both Parties.
3.7. Once the Order has been validated, the Customer enters its billing details in order to proceed with payment.
3.8. In the event of any modification (change of company name, address, logo, etc.) affecting the Order in progress, the service provider will indicate a new delivery date to the customer as soon as possible and by any means.
3.9. In the event that a Service or feature is unavailable, the Service Provider may provide the Customer with another service of equivalent or higher quality and price than that initially ordered, subject to the Customer's express agreement.
3.10. Once the Customer's details have been validated, the Customer pays for the Order in accordance with the terms and conditions set out below.
3.11. The Customer's subscription to the Services and access to the Software is done exclusively online in the form of a Subscription, the Plan and duration of which are specified in the Order.
3.2. The Company reserves the right to correct the content of the Site and Software at any time.
3.3. The Customer selects the Service(s) it wishes to purchase and can access the Order Summary at any time.
3.4. The Order Summary lists the Service(s) selected by the Customer, and includes any additional charges, such as applicable sales taxes, which may be added to the price of the Service(s) in the Order. The Customer may modify its Order and correct any errors before accepting it.
3.5. After accessing the Order Summary, the Customer confirms acceptance of the Order by clicking on the Order validation button.
3.6. Once the Terms and Conditions have been accepted and the Order has been validated with the obligation to pay, the Contract is deemed validly concluded between the Company and the Customer and irrevocably enforceable and binding for both Parties.
3.7. Once the Order has been validated, the Customer enters its billing details in order to proceed with payment.
3.8. In the event of any modification (change of company name, address, logo, etc.) affecting the Order in progress, the service provider will indicate a new delivery date to the customer as soon as possible and by any means.
3.9. In the event that a Service or feature is unavailable, the Service Provider may provide the Customer with another service of equivalent or higher quality and price than that initially ordered, subject to the Customer's express agreement.
3.10. Once the Customer's details have been validated, the Customer pays for the Order in accordance with the terms and conditions set out below.
3.11. The Customer's subscription to the Services and access to the Software is done exclusively online in the form of a Subscription, the Plan and duration of which are specified in the Order.
4. Order prices and payment terms
4.1. Prices are mentioned on the Site and the Software under the Services descriptions, in EUR and USD excluding tax. The prices indicated in the Order are deemed final and enforceable.
4.2. At the end of the Customer's initial subscription period, the Subscription to the Services will be tacitly renewed for identical periods, subject to payment of the Subscription fees. Payment is due for any period which has begun. Accordingly, amounts already paid to the Company for any period which has started will not be refunded. It is possible to stop the automatic renewal of the Subscription at any time.
4.3. The total amount is indicated in the Order Summary before the Customer accepts these T&C, validates the Order, and proceeds to payment. The total includes all taxes.
4.4. The Service Order made through the Software is payable in EUR or USD. Payment must be made in full by credit card on the day the Customer places the Order, unless special terms and conditions of sale are expressly accepted between the Customer and the Company.
4.5. Any customer who receives financial assistance from a private or public organization in order to purchase a Stockpit subscription must first complete payment to the Company in accordance with these T&C. Any request for reimbursement by the Customer must be made directly to the organization or entity concerned. The Company cannot be held responsible for applications which are incomplete, non-compliant, or rejected by said organization or entity. The Customer remains bound in its commitment to the Company and shall not be entitled to any reimbursement whatsoever.
4.6. The Software uses a security system for payments made by credit card. This system guarantees the total confidentiality of the customer's banking information. The credit card transaction between the customer and the secure system is fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
4.7. The Customer guarantees the Company that it has the necessary authorizations to use the chosen method of payment when placing the Order.
4.8. The Company reserves the right to suspend or cancel the execution and/or delivery of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site or the Software or the payment of any Order.
4.9. Any user who is able to connect during the billing period is counted as an active user and is billed in accordance with the corresponding price established between the Customer and the Company. Only accounts deactivated for the entire period are excluded from billing.
4.10. The Company may also invoice the Customer at the beginning of each month with variable prices based on its use of Services, as well as factors such as the number of active users or the number of orders placed during the previous period.
4.2. At the end of the Customer's initial subscription period, the Subscription to the Services will be tacitly renewed for identical periods, subject to payment of the Subscription fees. Payment is due for any period which has begun. Accordingly, amounts already paid to the Company for any period which has started will not be refunded. It is possible to stop the automatic renewal of the Subscription at any time.
4.3. The total amount is indicated in the Order Summary before the Customer accepts these T&C, validates the Order, and proceeds to payment. The total includes all taxes.
4.4. The Service Order made through the Software is payable in EUR or USD. Payment must be made in full by credit card on the day the Customer places the Order, unless special terms and conditions of sale are expressly accepted between the Customer and the Company.
4.5. Any customer who receives financial assistance from a private or public organization in order to purchase a Stockpit subscription must first complete payment to the Company in accordance with these T&C. Any request for reimbursement by the Customer must be made directly to the organization or entity concerned. The Company cannot be held responsible for applications which are incomplete, non-compliant, or rejected by said organization or entity. The Customer remains bound in its commitment to the Company and shall not be entitled to any reimbursement whatsoever.
4.6. The Software uses a security system for payments made by credit card. This system guarantees the total confidentiality of the customer's banking information. The credit card transaction between the customer and the secure system is fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
4.7. The Customer guarantees the Company that it has the necessary authorizations to use the chosen method of payment when placing the Order.
4.8. The Company reserves the right to suspend or cancel the execution and/or delivery of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site or the Software or the payment of any Order.
4.9. Any user who is able to connect during the billing period is counted as an active user and is billed in accordance with the corresponding price established between the Customer and the Company. Only accounts deactivated for the entire period are excluded from billing.
4.10. The Company may also invoice the Customer at the beginning of each month with variable prices based on its use of Services, as well as factors such as the number of active users or the number of orders placed during the previous period.
5. Delivery and availability
5.1. The Services offered for sale on the Site and through the Software may be made available to Customers worldwide, subject to any technical restrictions.
5.2. The Services ordered on the Site and through the Software will be made available to the Customer as soon as the Company receives payment for said Services by credit card, within a maximum period of 10 days for any other means of payment.
5.2. The Services ordered on the Site and through the Software will be made available to the Customer as soon as the Company receives payment for said Services by credit card, within a maximum period of 10 days for any other means of payment.
6. Customer service
6.1. For any request for information, clarification, or complaints, the Customer must first contact the Company's Customer Service Department in order for the latter to examine the problem and attempt to resolve it to the best of its personal, technical, and material abilities. The Company undertakes to do everything it can in order to provide the Customer with a precise diagnosis of the issue as soon as possible by telephone or e-mail. The Company is bound by an obligation of means.
6.2. The Company's Customer Service can be reached using the following contact information:
- email: support@stockpit.app
6.2. The Company's Customer Service can be reached using the following contact information:
- email: support@stockpit.app
7. The Customer's obligation
7.1. The Customer agrees to abide by the terms of these T&C.
7.2. The Customer undertakes to use the Software and/or Services in accordance with the Company's instructions.
7.3. The Customer agrees to use the Software and/or Services only for its own purposes, in accordance with these T&C. In this respect, the Customer agrees to refrain from:
- Using the Software and/or Services in any illegal manner, for any illegal purpose, or in any manner inconsistent with these T&C.
- Selling, copying, reproducing, renting, lending, distributing, transferring, or licensing all or part of the contents appearing on the Software and/or Services provided by the Company, as well as decompiling, reverse engineering, disassembling, modifying, displaying in a customer-readable form, attempting to discover any source code, or using any software enabling or comprising all or part of the Software and/or Services from the Company.
- Attempting to gain unauthorized access to the Site, Software and/or Services computer system or engaging in any activity that disrupts, diminishes the quality, interferes with the performance, or deteriorates the functionality of the Site, the Software, and/or the Company's Services.
- Using the Site, Software and/or Services for abusive purposes by deliberately introducing viruses or any other malicious program.
- Infringing the Company's intellectual property rights related to the Site, the Software, and/or the Services.
- Denigrate or disparaging the Site, the Software, the Company, and/or the Company's Services.
- Any disproportionate use that results in excessive use of the Company's servers and/or may cause inconvenience or disruption (including, but not limited to, bandwidth, processor usage, disk space usage, etc.).
7.4. If, for any reason whatsoever, the Company feels that the Customer is in breach of these T&C, the Company may remove the Customer's access to the Software and/or Services at any time and at its sole discretion, by informing the Customer by e-mail, regular mail, or telephone within one month, and the former is entitled to take any measures, including civil and criminal legal action, against the Customer.
7.2. The Customer undertakes to use the Software and/or Services in accordance with the Company's instructions.
7.3. The Customer agrees to use the Software and/or Services only for its own purposes, in accordance with these T&C. In this respect, the Customer agrees to refrain from:
- Using the Software and/or Services in any illegal manner, for any illegal purpose, or in any manner inconsistent with these T&C.
- Selling, copying, reproducing, renting, lending, distributing, transferring, or licensing all or part of the contents appearing on the Software and/or Services provided by the Company, as well as decompiling, reverse engineering, disassembling, modifying, displaying in a customer-readable form, attempting to discover any source code, or using any software enabling or comprising all or part of the Software and/or Services from the Company.
- Attempting to gain unauthorized access to the Site, Software and/or Services computer system or engaging in any activity that disrupts, diminishes the quality, interferes with the performance, or deteriorates the functionality of the Site, the Software, and/or the Company's Services.
- Using the Site, Software and/or Services for abusive purposes by deliberately introducing viruses or any other malicious program.
- Infringing the Company's intellectual property rights related to the Site, the Software, and/or the Services.
- Denigrate or disparaging the Site, the Software, the Company, and/or the Company's Services.
- Any disproportionate use that results in excessive use of the Company's servers and/or may cause inconvenience or disruption (including, but not limited to, bandwidth, processor usage, disk space usage, etc.).
7.4. If, for any reason whatsoever, the Company feels that the Customer is in breach of these T&C, the Company may remove the Customer's access to the Software and/or Services at any time and at its sole discretion, by informing the Customer by e-mail, regular mail, or telephone within one month, and the former is entitled to take any measures, including civil and criminal legal action, against the Customer.
8. Warranties
The Company provides the Service as is and undertakes - merely as part of an obligation of means - to provide the Services offered on the Site and through Software to the Customer in an optimal state of operation, subject to the technical capabilities of the Customer's equipment.
9. Liability
9.1. The Company shall take all appropriate measures to ensure that the Services are provided to the Customer under optimum conditions. However, the Company cannot be held liable for the failed or improper performance of all or part of the Services stipulated in the contract when attributable to either the Customer or to the unforeseeable and insurmountable acts of a third party outside the contract, as well as in the event of force majeure as defined by case law and Article 1218 of the French Civil Code. More generally, if the Company is held liable, it shall not under any circumstances agree to compensate the Customer for indirect damages or damages whose existence and/or amount are not supported by evidence.
9.2. The Company shall not be liable to the Customer for any indirect, special, incidental, punitive, or consequential damages of any kind (including lost profits) regardless of the form or nature thereof, whether in the context of contractual agreements, tort (including negligence), strict liability, or liability related to the Service, even if the Customer has been advised of the possibility of such damages. Furthermore, under no circumstances shall the Company's liability for any damages arising out of or in connection with these terms and conditions exceed the amount of the Order giving rise to such liability, paid by the Company to the Customer.
9.3. The Company shall take all appropriate measures to ensure the security of the data on the Site and in Software, as well as in connection with the Services offered and sold. This represents an obligation of means. Thus, in the event of data loss, the Company cannot be held responsible for any damage caused by such loss of data, as the Customer is responsible for backing up its information.``
9.4. The Site or the Software may contain links to other sites not published or controlled by the Company, and the latter shall not be held liable for the operation, content, or any elements present on or obtained through such sites.
9.5. The placement of such links or references to any information, articles or Services provided by a third party cannot and must not be interpreted as express or tacit endorsement by the Company of these sites and elements or the content thereof.
9.6. The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising or other information disseminated on said sites.
9.7. It is expressly stipulated that the Company cannot be held responsible in any way whatsoever if the Customer's computer equipment or e-mail system rejects e-mails sent by the Company, including as a result of anti-spam software, for example.
9.8. The Customer is fully aware of the provisions of this article and in particular of the aforementioned warranties and liability limitations, which are essential conditions without which the Company would never have entered into the contractual relationship.
9.2. The Company shall not be liable to the Customer for any indirect, special, incidental, punitive, or consequential damages of any kind (including lost profits) regardless of the form or nature thereof, whether in the context of contractual agreements, tort (including negligence), strict liability, or liability related to the Service, even if the Customer has been advised of the possibility of such damages. Furthermore, under no circumstances shall the Company's liability for any damages arising out of or in connection with these terms and conditions exceed the amount of the Order giving rise to such liability, paid by the Company to the Customer.
9.3. The Company shall take all appropriate measures to ensure the security of the data on the Site and in Software, as well as in connection with the Services offered and sold. This represents an obligation of means. Thus, in the event of data loss, the Company cannot be held responsible for any damage caused by such loss of data, as the Customer is responsible for backing up its information.``
9.4. The Site or the Software may contain links to other sites not published or controlled by the Company, and the latter shall not be held liable for the operation, content, or any elements present on or obtained through such sites.
9.5. The placement of such links or references to any information, articles or Services provided by a third party cannot and must not be interpreted as express or tacit endorsement by the Company of these sites and elements or the content thereof.
9.6. The Company is not responsible for the availability of these sites and cannot control their content nor validate the advertising or other information disseminated on said sites.
9.7. It is expressly stipulated that the Company cannot be held responsible in any way whatsoever if the Customer's computer equipment or e-mail system rejects e-mails sent by the Company, including as a result of anti-spam software, for example.
9.8. The Customer is fully aware of the provisions of this article and in particular of the aforementioned warranties and liability limitations, which are essential conditions without which the Company would never have entered into the contractual relationship.
10. Personal data - Cookies - Security
10.1. The Company places great importance to respect for privacy and shall take all the necessary measures to ensure the confidentiality and security of the personal data of its Customers and users of the Services.
10.2. As part of the provision of the Services, the Company collects personal data from Customers, including the following:
- Email address
- First name
- Last name
- Postal address
- Country
- Tax number
- Password (encrypted and not readable by the Company)
- Consumer data
10.3. The Company collects and processes Customer data for the following purposes:
- Providing the Services on the Site and through the Software;
- Managing Orders;
- Information about the Company and its activities;
- Responding to any questions/complaints from Customers;
- Compiling statistics;
- Managing requests for to exercise the rights of access, rectification and opposition;
- Managing unpaid and/or disputed invoices.
10.4. Data relating to the management of the Customers' personal data is kept for the period strictly necessary (namely, four years after collection or from the last contact with the Customer) as defined by the French Data Protection Act (Loi Informatique et Libertés), as amended by Regulation (EU) 2016/679 dated April 27, 2016, which came into force on May 25, 2018, governing the protection of individuals with regard to the processing of their personal data and the free movement of such data.
10.5. The Customer retains ownership of the data transmitted to the Company. Apart from the cases mentioned in these Terms and Conditions, the Company undertakes not to disclose such data to third parties.
10.6. The Customer's data is processed by the Company and by its partners and subcontractors.
10.7. The Company may also disclose data in order to cooperate with administrative and judicial authorities.
10.8. The Company shall ensure that Customers' personal data is adequately and appropriately secured and that it has taken the necessary precautions to preserve the security and confidentiality of said data, in particular in order to prevent it from being distorted, damaged, or disclosed to unauthorized parties. The Customer acknowledges and accepts that this is merely an obligation of means.
10.9. The Customers' obligations:
- Customers acknowledge that the personal data disclosed by them is valid, up to date, and adequate;
- Customers undertake not to violate the privacy, image, and personal data protection of any third party and thus to not disclose to the Company any third-party data without the consent of the latter.
Pursuant to Decree no. 2011-219 of February 25, 2011, on the retention and disclosure of data identifying any person who has contributed to the creation of online content, the Customer is hereby informed that the Site and Software host is required to retain the following for a period of one year from the date when the content is created (and for each operation contributing to the creation of said content):
- The identifier of the origin connection of the communication;
- The identifier assigned by the computer system to the content processed by the operation;
- The types of protocols used to connect to the service and to transfer content;
- The nature of the operation;
- The date and time of the operation;
- The identifier used by the party responsible for the operation, if provided.
10.10. In the event of termination of the contract or closing of the account, the host must also retain - for a period of one year from the date of the contract termination or account closure - the information provided when subscribing to a contract (Order) by the Customer or when the account is created, namely:
- When the account is created: the identifier for the respective login;
- the first and last name or company name;
- the associated mailing addresses;
- any pseudonyms used;
- the associated e-mail or account addresses;
- the telephone numbers;
- the password and data enabling it to be checked or changed, in their last updated version.
10.11. Every computer connected to the Internet has an IP address. Whenever a Customer browses the Site or the Software, the Company collects the Customer's IP address in order to analyze traffic on the Site or Software and to monitor the Customer's activity on the Site, in order to ensure that the Customer does not engage in acts that may violate the General Terms and Conditions of Sale appearing on the Site.
10.12. Lastly, in accordance with the French Data Protection Act of January 6, 1978, as amended by Regulation (EU) 2016/679 of April 27, 2016, Customers have the right to access, rectify, delete, and port their data, as well as the right to object on legitimate grounds to the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address:
contact@stockpit.app
In accordance with the French General Tax Code, data relating to invoices and payments are kept for six years for use by the tax authorities.
10.13. COOKIES ET STATISTICAL TOOLS
10.13.1. As part of the use of the Site or Software by Customers, the Company may use cookies.
10.13.2. In accordance with CNIL Deliberation No. 2013-378 dated December 5, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site.
10.14. SECURITY
The Customer undertakes not to undermine the security of the Site or the Software. To this end, it hereby agrees to not engage in any fraudulent access and/or maintenance of the Company's information system. The Customer must also refrain from damaging or interfering with the Company's information system. Otherwise, the Company may take any necessary measure against it, including holding it criminally liable under Articles 323-1 and following of the Penal Code. The Company places great importance on respecting privacy and shall take all the necessary measures to ensure the confidentiality and security of the personal data of Customers and users of the Services.
10.2. As part of the provision of the Services, the Company collects personal data from Customers, including the following:
- Email address
- First name
- Last name
- Postal address
- Country
- Tax number
- Password (encrypted and not readable by the Company)
- Consumer data
10.3. The Company collects and processes Customer data for the following purposes:
- Providing the Services on the Site and through the Software;
- Managing Orders;
- Information about the Company and its activities;
- Responding to any questions/complaints from Customers;
- Compiling statistics;
- Managing requests for to exercise the rights of access, rectification and opposition;
- Managing unpaid and/or disputed invoices.
10.4. Data relating to the management of the Customers' personal data is kept for the period strictly necessary (namely, four years after collection or from the last contact with the Customer) as defined by the French Data Protection Act (Loi Informatique et Libertés), as amended by Regulation (EU) 2016/679 dated April 27, 2016, which came into force on May 25, 2018, governing the protection of individuals with regard to the processing of their personal data and the free movement of such data.
10.5. The Customer retains ownership of the data transmitted to the Company. Apart from the cases mentioned in these Terms and Conditions, the Company undertakes not to disclose such data to third parties.
10.6. The Customer's data is processed by the Company and by its partners and subcontractors.
10.7. The Company may also disclose data in order to cooperate with administrative and judicial authorities.
10.8. The Company shall ensure that Customers' personal data is adequately and appropriately secured and that it has taken the necessary precautions to preserve the security and confidentiality of said data, in particular in order to prevent it from being distorted, damaged, or disclosed to unauthorized parties. The Customer acknowledges and accepts that this is merely an obligation of means.
10.9. The Customers' obligations:
- Customers acknowledge that the personal data disclosed by them is valid, up to date, and adequate;
- Customers undertake not to violate the privacy, image, and personal data protection of any third party and thus to not disclose to the Company any third-party data without the consent of the latter.
Pursuant to Decree no. 2011-219 of February 25, 2011, on the retention and disclosure of data identifying any person who has contributed to the creation of online content, the Customer is hereby informed that the Site and Software host is required to retain the following for a period of one year from the date when the content is created (and for each operation contributing to the creation of said content):
- The identifier of the origin connection of the communication;
- The identifier assigned by the computer system to the content processed by the operation;
- The types of protocols used to connect to the service and to transfer content;
- The nature of the operation;
- The date and time of the operation;
- The identifier used by the party responsible for the operation, if provided.
10.10. In the event of termination of the contract or closing of the account, the host must also retain - for a period of one year from the date of the contract termination or account closure - the information provided when subscribing to a contract (Order) by the Customer or when the account is created, namely:
- When the account is created: the identifier for the respective login;
- the first and last name or company name;
- the associated mailing addresses;
- any pseudonyms used;
- the associated e-mail or account addresses;
- the telephone numbers;
- the password and data enabling it to be checked or changed, in their last updated version.
10.11. Every computer connected to the Internet has an IP address. Whenever a Customer browses the Site or the Software, the Company collects the Customer's IP address in order to analyze traffic on the Site or Software and to monitor the Customer's activity on the Site, in order to ensure that the Customer does not engage in acts that may violate the General Terms and Conditions of Sale appearing on the Site.
10.12. Lastly, in accordance with the French Data Protection Act of January 6, 1978, as amended by Regulation (EU) 2016/679 of April 27, 2016, Customers have the right to access, rectify, delete, and port their data, as well as the right to object on legitimate grounds to the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address:
contact@stockpit.app
In accordance with the French General Tax Code, data relating to invoices and payments are kept for six years for use by the tax authorities.
10.13. COOKIES ET STATISTICAL TOOLS
10.13.1. As part of the use of the Site or Software by Customers, the Company may use cookies.
10.13.2. In accordance with CNIL Deliberation No. 2013-378 dated December 5, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their computer hardware/equipment. This information is used to improve the use and operation of the Site.
10.14. SECURITY
The Customer undertakes not to undermine the security of the Site or the Software. To this end, it hereby agrees to not engage in any fraudulent access and/or maintenance of the Company's information system. The Customer must also refrain from damaging or interfering with the Company's information system. Otherwise, the Company may take any necessary measure against it, including holding it criminally liable under Articles 323-1 and following of the Penal Code. The Company places great importance on respecting privacy and shall take all the necessary measures to ensure the confidentiality and security of the personal data of Customers and users of the Services.
11. Intellectual property
11.1. All elements of this Site/Software and the Site/Software itself are protected by copyright, trademark rights, design rights, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved worldwide.
11.2. The Stockpit name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on the Site and Software are and shall remain the exclusive property of the Company.
11.3. No claims or rights whatsoever on any item or software shall be obtained by downloading or copying items from the Site or Software. The Customer is expressly prohibited from reproducing (other than for the Customer's own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying, or performing any work based on this Site and the materials and software contained therein, as well selling or participating in any sale in connection with this Site/Software, the materials on the Site, or any related software.
11.4. The Company grants the Customer a non-exclusive license to use the Software and Services offered by the Company in SaaS mode. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of use of the Site, Software, and Services in the country where Customer is based.
11.5. Any use by the Customer of the corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited without the Company's express prior consent.
11.2. The Stockpit name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on the Site and Software are and shall remain the exclusive property of the Company.
11.3. No claims or rights whatsoever on any item or software shall be obtained by downloading or copying items from the Site or Software. The Customer is expressly prohibited from reproducing (other than for the Customer's own personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying, or performing any work based on this Site and the materials and software contained therein, as well selling or participating in any sale in connection with this Site/Software, the materials on the Site, or any related software.
11.4. The Company grants the Customer a non-exclusive license to use the Software and Services offered by the Company in SaaS mode. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of use of the Site, Software, and Services in the country where Customer is based.
11.5. Any use by the Customer of the corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited without the Company's express prior consent.
12. Newsletter
12.1. By accepting these terms and conditions, the Customer accepts that the Company may send a newsletter, at a frequency and in a format determined by the Company, which may contain information relating to its activity.
12.2. When the Customer completes the registration process on the Software, it agrees to receive commercial offers from the Company for products or Services similar to those to which it has subscribed.
12.2. When the Customer completes the registration process on the Software, it agrees to receive commercial offers from the Company for products or Services similar to those to which it has subscribed.
13. Right of withdrawal
The Customer has no right of withdrawal with regard to the Services provided by the Company via the Site and the Software, as the Services are provided by the Company upon receiving payment. The Customer is solely responsible for the Service test period, which is free of charge and does not entail any commitments or obligations, the purpose of which is to allow the Customer to evaluate and confirm that the Services are suitable for its needs.
14. Language, applicable law, and jurisdiction
14.1. These T&C are originally written in French.
14.2. These T&C are governed by and interpreted in accordance with French law.
14.3. In the event of any dispute arising out of or in connection with the interpretation and/or execution of these T&C, the Parties agree to make their best efforts to reach an amicable settlement. Failing an amicable solution within sixty days, the Parties agree to submit any dispute to the exclusive and personal jurisdiction of the Courts of Grenoble.
14.2. These T&C are governed by and interpreted in accordance with French law.
14.3. In the event of any dispute arising out of or in connection with the interpretation and/or execution of these T&C, the Parties agree to make their best efforts to reach an amicable settlement. Failing an amicable solution within sixty days, the Parties agree to submit any dispute to the exclusive and personal jurisdiction of the Courts of Grenoble.
