General terms and conditions of sale - ProfilesFlow

Article 1 - Service publisher

The ProfilesFlow service is published by EMENDO, an SARL (French limited liability company) with share capital of €10,000, registered under SIRET number 398 484 238 00041, with its registered office at 32 rue de Tournenfils, 91540 Mennecy, France, EU VAT number FR88398484238 (hereinafter “the Publisher”).

Contact: 01 60 88 89 35, or by mail at the registered office address.

Article 2 - Purpose and scope

These general terms and conditions of sale (hereinafter “GTC”) govern access to and use of the ProfilesFlow service by the Customer, as well as the terms of its subscription.

The service is reserved for professionals: companies, associations, public and educational institutions, and any person acting in the course of their professional activity. It is not offered to consumers.

The Customer accepts the GTC by checking the box provided when signing up. This acceptance is recorded with its date and the version of the GTC accepted. The GTC prevail over any other document of the Customer, unless otherwise agreed in writing and signed by both parties.

Article 3 - Definitions

• Service: the ProfilesFlow platform, accessible online, and all of its features.
• Customer: the legal entity or professional who signs up for the Service and subscribes.
• Account: the Customer's space on the Service, linked to its company.
• Administrator: the User who manages the Customer's Account, its Users and its subscription. The person who signs up the Customer becomes its first Administrator.
• User: any person to whom the Customer grants access to the Service interface.
• Profile: the digital business card of a person linked to the Customer, with its public page, its QR code and its variants (vCard, email signature, Wallet card).
• Active Profile: a published Profile, that is, one not disabled by the Customer.

Article 4 - Description of the Service

The Service allows the Customer to create and manage the digital business cards of its employees, including:

• a public page per Profile, with contact details, social networks and links;
• a QR code and an export of contact details in vCard format;
• email signatures, and their installation in certain email clients;
• business cards for Apple Wallet and Google Wallet;
• design templates in the Customer's colors;
• view analytics and the receipt of contact requests;
• optional modules for synchronization with the Customer's directories and email systems.

The available features may change. The Publisher endeavors not to substantially reduce the essential features of the Service during the subscription.

Article 5 - Sign-up and access

5.1 Sign-up. The Customer signs up online by entering its company name, its SIRET number, the last and first name of the person signing it up and their business email address. The Account is created only once the address has been confirmed with the code sent by email. A given company may open only one Account.

5.2 Rejected addresses. Disposable or temporary email addresses are not accepted, either at sign-up or afterwards. The Publisher may refuse or suspend a sign-up clearly intended to circumvent the trial period or made with inaccurate information.

5.3 Login. Login is passwordless: by a one-time code sent to the User's email address, or by a passkey registered on their devices. Each User remains in control of their mailbox and devices. They notify their Administrator and the Publisher without delay of any unauthorized use of their access.

5.4 Customer's responsibility. The Customer guarantees the accuracy of the information provided and keeps it up to date. It alone decides who it grants access to the interface and what rights it gives them. Actions carried out from its accesses are deemed to have been carried out by it.

Article 6 - Trial period

Every new sign-up benefits from a free 30-day trial period, with no payment method required, with all the features of the Service.

The Administrator is notified by email 7 days and then 2 days before the end of the trial. To continue using the Service, they enter a credit card or a SEPA direct debit mandate from the Subscription page. Otherwise, access to the Service is suspended at the end of the trial under the conditions of article 9: the interface, the public Profile pages and the email signature images are no longer served.

Article 7 - Price

The subscription is billed at €0.60 excl. VAT per Active Profile per month, with a minimum of €5.00 excl. VAT per month. Up to 8 Active Profiles, the monthly amount is therefore €5.00 excl. VAT; beyond that, each Active Profile is billed €0.60 excl. VAT, for example €5.40 excl. VAT for 9 Active Profiles.

Prices are exclusive of tax, plus VAT at the applicable rate (20% on the date of these GTC).

The Publisher may change its prices. Any increase is notified to the Administrator by email at least 30 days before it takes effect; a Customer who refuses it may cancel its subscription before that date, at no cost.

Article 8 - Billing and payment

8.1 Due date. The subscription is payable monthly in advance, on the 1st of each month, based on the number of Active Profiles on that date. The first payment is made on the 1st of the month following the end of the trial period; the days between the end of the trial and this first payment are not billed.

8.2 Payment methods. Payment is made by credit card or SEPA direct debit, processed by the payment provider Stripe. The Publisher never has access to full card numbers or to the Customer's bank details. The Administrator can change the payment method at any time from the Subscription page.

8.3 Invoices. An invoice is issued for each month paid and sent to the Customer by email. It is also available on request from the Publisher.

8.4 Change in the number of Profiles. A Profile enabled or disabled during the month is taken into account at the next due date. No refund is due for a Profile disabled during the month.

Article 9 - Payment default and suspension

If a payment fails, the Administrator is notified by email and has 15 days to settle it, from the Subscription page. Reminders are sent during this period. Nothing is cut off while it runs.

At the end of this period without settlement, the Publisher suspends the Customer's access to the Service: the interface is accessible only to the Administrator, for the Subscription page only, and the public Profile pages and the email signature images are no longer served. The Service is restored as soon as the amounts due are paid.

In accordance with article L. 441-10 of the French Commercial Code (Code de commerce), any amount not paid by the due date bears interest at the European Central Bank rate plus 10 percentage points, and gives rise to a fixed indemnity for collection costs of €40.

Article 10 - Term and termination

10.1 Term. The subscription is taken out with no minimum term and renews from month to month.

10.2 Termination by the Customer. The Customer may cancel its subscription at any time from the Subscription page of the Service. Cancellation takes effect at the end of the month already paid; that month is not refunded.

10.3 Termination by the Publisher. The Publisher may terminate the subscription in the event of a serious breach of these GTC by the Customer, in particular unlawful use of the Service or persistent non-payment, after a formal notice that has remained without effect for 15 days.

10.4 Data at the end of the subscription. At the end of the subscription, the Customer may retrieve its data by requesting it from the Publisher within 30 days. After this period, the Account data is deleted, except for data the Publisher must keep under a legal obligation, particularly accounting obligations.

Article 11 - Customer obligations and content

The Customer is solely responsible for the content it publishes on the Service: contact details, photographs, logos, text, links. It guarantees that it holds the necessary rights to this content and that it has informed the people whose Profile it publishes.

It undertakes not to use the Service for unlawful or misleading purposes or purposes that infringe the rights of third parties, not to send unsolicited messages through it, and not to attempt to compromise its security or operation.

The Publisher may remove or make inaccessible any clearly unlawful content reported to it, and informs the Customer.

Article 12 - Personal data

12.1 Roles. For the data of Profiles, Users and contact requests received, the Customer is the data controller and the Publisher acts as processor, within the meaning of article 28 of the General Data Protection Regulation (GDPR). For the data required to manage the Account and the subscription (Administrator contacts, billing), the Publisher is the data controller.

12.2 Publisher's commitments. As processor, the Publisher processes data only to provide the Service and on the Customer's instructions; it guarantees the confidentiality of its staff; it implements appropriate security measures; it helps the Customer respond to requests from individuals exercising their rights; it notifies the Customer of any data breach as soon as possible; it deletes or returns the data at the end of the Service, in accordance with article 10.4.

12.3 Sub-processors. The Customer authorizes the Publisher to use the following providers: Scaleway, in France, for hosting and sending emails; Stripe for payments; Sellsy for invoicing; Apple and Google for Wallet cards, Google for the Google Workspace module and Microsoft for the Microsoft 365 modules, when the Customer uses them. The Publisher informs the Customer of any change in these providers.

12.4 Rights of individuals. Data subjects exercise their rights with the Customer. For the processing for which it is the controller, the Publisher can be contacted by mail at its registered office address (article 1) or by phone at 01 60 88 89 35.

Article 13 - Intellectual property

The Service, its software, its design templates and its trademarks remain the exclusive property of the Publisher. The subscription grants the Customer a personal, non-exclusive and non-transferable right of use, for the duration of the subscription.

The Customer remains the owner of its content. It grants the Publisher the right to reproduce and display it solely to the extent necessary to provide the Service.

The public Profile pages may bear a discreet ProfilesFlow mention.

Article 14 - Availability and liability

The Publisher endeavors to keep the Service available 24 hours a day, 7 days a week, without being able to guarantee it. It may interrupt it for maintenance, notifying the Customer when the work is scheduled.

The Publisher is bound by an obligation of means. Its liability may be engaged only in the event of proven fault, for direct damages only. It is limited, for all events combined, to the amounts paid by the Customer for the twelve months preceding the event giving rise to liability. The Publisher is not liable for indirect damages, such as loss of revenue, customers or data, nor for interruptions caused by networks, email systems or third-party services.

Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code (Code civil).

Article 15 - Changes to the GTC

The Publisher may change the GTC. The new GTC are notified to the Administrator by email at least 30 days before they take effect. A Customer who refuses them may cancel its subscription before that date; otherwise, they apply from their effective date.

Article 16 - Applicable law and disputes

The GTC are governed by French law. In the event of a dispute, the parties first seek an amicable solution. Failing that, the dispute is brought before the competent courts within the jurisdiction of Évry, including in the case of multiple defendants or third-party claims.