These Terms and Conditions of Sale and Use ("TOS") apply between Potions Company ("We") and any person or entity ("You") using the Site, accessible at get-potions.com (and its derivatives publisher.get-potions.com and user.get-potions.com), and the Services offered by Potions Company in connection with their business or private life. The purpose of the TOS is to define the rights and obligations of the parties with respect to the Services We provide to You.
In case of non-acceptance of the TOS stated in this Agreement, You waive access to the Service offered by Potions.
These TOS apply to all Services that We perform on Your behalf. Potions is not bound by any exclusivity clause.
Potions provides a complimentary trial of its Service for 1 calendar month from the date of Your subscription to the Service, which is considered to be the date of first activation of the Service on Your site.
This period is non-binding and You do not have to provide Your banking information. At the end of this 1 month period, in order to continue to benefit from the Service, You will be asked to provide Us with the necessary information for payment by credit card or by SEPA transfer according to Your choice.
Potions will then provide the Service for a fee. You therefore agree to pay the amounts due under your subscription in accordance with the terms and conditions set forth in Article 6. If You decide not to continue the experiment, You will no longer have access to the Service.
You can only get 1 month free once per domain, regardless of Your choice of subscription (monthly or yearly).
The subscription is renewable by tacit agreement for successive periods of the same duration as the chosen subscription (either every month in the case of a monthly subscription, or every year in the case of an annual subscription) if You have not cancelled under the conditions set out in Article 5.
If You have directly chosen an annual subscription, the free month is included in the offer for the first year only. This corresponds to 1 month of free subscription followed by 12 months of paid subscription, for a total of 13 months of use of the Potions Service.
Potions Services are delivered as is by Potions, you are responsible for installing and integrating the software solution on your website. We provide You with the necessary indications and information for this task.
We will have access to statistical data to learn about the success of our Service.
Anyone with Internet access can access get-potions.com free of charge from anywhere. The costs incurred by the User to access it (internet connection, computer equipment, etc.) are not borne by Potions.
About platform.get-potions.com and how it works:
The creation and validation of a Customer Account on Our site platform.get-potions.com gives You access to a tracking interface, using Your email address and the password that You will have chosen and that You must keep secret. Your tracking interface contains the information necessary for the management of our business relationship, and allows You to access Our Service. You must update Your information there in case of modification.
An Account may host several separate domains or websites, which will be tracked in separate Dashboards.
For each relevant area, You can follow in the corresponding Dashboard the implementation steps of the Potions Service, the status of the Contract, and track and report the performance and usage statistics of the Potions Service. You can therefore subscribe to Our service for several websites.
In case of use of Your Account by a third party without Your authorization, You must inform Us promptly, otherwise any use of Our Service with Your email address and Your password will be deemed to be made by You.
We may access Your Account and Your Dashboards, but We cannot change Your settings for Our Service, unless You have given Us prior written (email) permission to do so.
You agree that the use of Our Service requires that the software provided by Potions be placed on Your website for the duration of the performance of this Agreement.
Potions is bound to an obligation of means for the execution of all of its Services, and to this end it will bring all its care and capacity to the execution of its performance and obligations. It will carry out its mission with diligence and professionalism, and this according to the rules in force in its profession.
Potions may update its Service and software solutions, and this may cause temporary malfunctions or interruption. Potions will use its best efforts to keep this period as short as possible.
Potions' teams will be available during normal business hours to answer Your questions related to the integration, installation and use of the Service, as well as to identify and resolve errors in the Service. This does not include a Training Service.
Potions will bill You in accordance with this Agreement for the Services provided.
Upon termination of the Agreement, Potions will proceed in accordance with Your reasonable instructions for the disposition of Your Data.
Potions cannot be held liable if :
Potions can only be held liable in the event of fault on its part, and You will have to demonstrate that You have suffered damage as a result.
You authorize Potions to access any tools or applications that You use and that are necessary for Us to provide, execute and troubleshoot the Service and Software Solution during the performance of this Agreement.
You agree to :
You represent and warrant to Potions that :
Use of Our Service is at your own risk, and we (Potions, its officers, employees and partners) expressly disclaim all warranties of any kind (such as, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and disclaim any implied warranties of merchantability or fitness for a particular purpose).
We are not liable for any damages, injury or loss (including but not limited to loss of profits, loss of information, business interruption) resulting from the use of or inability to use Our Service or from errors, defects, omissions, deletion of files, interruptions, delays in transmission or operation, regardless of whether We have been notified of such damages or the possibility thereof.
You are entirely responsible for the content of the information and data passing through Our network or using Our Service, as well as for the activities that You carry out using Our Service.
You are responsible for the use You make of the solution and the Service and for the consequences resulting therefrom.
Your liability cannot be engaged in case of force majeure, preventing You from performing Your obligations normally and/or that You cannot avoid or overcome costs that substantially modify the economy of this Contract. You must however keep us informed by e-mail as soon as possible of such a situation and its possible consequences.
Potions remboursera au prorata les sommes lui ayant été versées pour le Service qu’elle n’aura pas rendu si le présent Contrat est résilié en raison d’un manquement à une de ses obligations.
Si vous souhaitez résilier le Contrat et mettre fin à l’abonnement au Service pour des raisons autres, vous pouvez le faire jusqu’au jour même de la fin de la durée initiale, mais Potions conservera les sommes que Vous avez déjà versées pour l’abonnement en cours, et Vous serez redevables de l’ensemble des sommes dues jusqu’au terme normal de l’abonnement en cours.
Vous pouvez résilier votre abonnement directement depuis votre dashboard, ou en nous envoyant un email à email@example.com en précisant “Résiliation” dans l’objet du mail.
Conséquemment, Vous ne pourrez plus accéder à Notre Service. Nous tâcherons de Vous prévenir en amont de cette décision, à moins qu’il soit nécessaire de suspendre le Service sans préavis pour des raisons légales ou tenant à notre protection ou si Votre site contient des contenus illégaux ou frauduleux.
The prices displayed on Our site are in euros and do not include VAT, they are exclusive of tax.
The prices indicated at the time of Your subscription are effective for the initial term and for each renewal period of this Agreement.
However, We may revise the amount of these prices at any time for future renewal periods as long as You are notified 30 calendar days prior to the implementation of such revision. If You disagree with such revision, You may decide not to renew Your Agreement thereafter, or to change Your subscription plan.
The price of the subscription varies according to the number of Internet sites on which You wish to benefit from the Service and thus integrate the software solution, as well as the number of views generated by these sites each month.
Payment can be made either by credit card or by SEPA transfer.
In all cases, You must keep Your billing information up to date.
You have the choice between a monthly or annual subscription, but you can request to make the payment monthly in any case. You therefore authorize Us to debit Your bank account with the price of Your subscription every month until the end of the current requested period. In the case of a monthly payment for an annual subscription, the payment deadlines are firm and indicated in Your Account. A reminder will be sent to You each month, at the latest 5 calendar days before the due date of the next payment due, if the payment is not made automatically.
Invoices and payments are considered final and accepted by You. In the event that You wish to dispute them or to be informed about them, please contact Us before registering for Our Service.
You must pay at the time of initial subscription as well as for subsequent billing periods.
In the event of delay in Your payments, a penalty of an amount equal to three times the legal interest rate (in force on the day of the sending of Our notification by e-mail to the interlocutor of your structure and that You will have designated to Us, or failing that to the e-mail address that You will have provided to Us) will be applied to You. In addition, You will owe Us a flat-rate recovery indemnity of 20 €. This sum may be higher upon presentation of proof of the expenses We have incurred to recover Our debt.
If You still have not paid Your due 7 business days after Our notification, We reserve the right to immediately suspend Your use of Our Service until the full payment of the amounts due, and to terminate the contractual relationship between You and Us if the situation is not settled 15 business days after Our notification. We will nevertheless demand payment of all the sums that You will owe Us, and the sums that You will have already paid Us will remain irrevocably vested in Us, except in the event of a breach of Our obligations or a violation by Us of these TOS.
We use a third party (the company Stripe) to process payments and billing, so You consent to Us disclosing information to this third party for payment.
The contents of the get-potions.com website (trademarks, logos, text, graphic elements, videos, animations, signs and any other content that ensures or facilitates navigability) are the exclusive intellectual property of Potions. By exception, certain contents are the property of their respective authors.
You must obtain Potions' express permission before using, reproducing, copying or publishing this content in any form whatsoever, on any medium whatsoever and by any means whatsoever; such content may be used by users for private purposes; any commercial use is prohibited.
Potions owns all intellectual property rights in the Software and the Service. The fact that Potions grants You a right to use the Software does not in any way transfer any intellectual property to You. You agree not to infringe, directly or indirectly, Our copyright in the Software or any other intellectual property rights that may be associated with the Software.
The parties must comply with applicable laws and regulations, including those relating to the protection of personal data. This includes (i) the EU General Data Protection Regulation 2016/679 ("GDPR") on the protection of individuals with regard to the processing of personal data and on the free movement of such data, (ii) the laws of the EU Member States implementing the GDPR, including the law n°78-17 of January 6, 1978 (amended) relating to information technology, files and freedoms, and (iii) the e-privacy Directive 2002/58/EC as amended and transposed into European law and any legislation that will replace the e-privacy Directive.
The parties must not violate public order and the rights of third parties.
You acknowledge that with the use of Our Service, information may be recorded on the terminal of Internet users visiting Your website.
We may aggregate, anonymize and reuse data generated, created or received as a result of Your use of the Service.
Pour en savoir plus, veuillez consulter notre politique de confidentialité.
It is possible for a third party to create a hypertext link to Our sites without Our express authorization. However, Potions is not responsible for this.
Potions reserves the right to unilaterally modify the content of these TOS at any time and without justification. The modifications will be applicable to benefits subsequent to these modifications.
It is Your responsibility to regularly consult these Terms and Conditions of Use in order to remain informed of any changes to this document. The date of last update of this document will be indicated in case of modification. You will be informed by email of any changes if You have registered for Our Service and that these changes are likely to affect Your use of the Service.
If You disagree with a substantial modification, You may terminate this Agreement as set forth in Section 5 within 30 calendar days after You are notified of the changes to the TOS. If You have not contacted Us after this period, Your continued use of Our Service will be deemed to be Your acceptance of the changes to Our TOS.
The present general conditions of use express the entirety of the obligations of the parties only in certain cases.
A specific Contract will be established for all Services or services not described in this document (services on estimate).
For the rest, only the present GCVU govern the contractual relations between You and Us.
The nullity of one of the clauses of these GCVU may not result in the nullity of the others, provided that the balance and general scheme of the Contract can be safeguarded.
This Agreement is subject to French law.
In the event of a dispute not amicably resolved between You and Us, only the courts of the city of Rouen (location of Potions' head office) are competent to settle the dispute.
If you have any questions or requests regarding this website and our services, please contact us at firstname.lastname@example.org.