SaaS Terms and Conditions

These SaaS General Terms and Conditions (hereinafter "GTC") define the terms under which [COMPANY_NAME], operating the ModuShop solution, provides the professional Client with access to its e-commerce platform in SaaS mode.

The GTC apply to any Order Form signed by the Client.

ModuShop is intended exclusively for professional use.

For the purposes of these GTC:

• Service: the ModuShop software platform accessible online, including the dashboard, associated infrastructure, and related technical services.
• Client: the legal entity or sole proprietor who has signed the Order Form.
• Order Form: the contractual document specifying the financial and specific conditions applicable to the Client.
• Client Data: any information, content, product, file, or data imported or generated by the Client through the Service.
• Authorized User: any individual authorized by the Client to access the Service.

ModuShop provides the Client with:

• Access to an administration interface (dashboard);
• A technical hosting infrastructure;
• Product, order, inventory, and associated service management tools;
• Reasonable technical support as defined in Article 7.

ModuShop reserves the right to update the Service in order to improve its operation or security, provided that such updates do not substantially alter its essential features.

Tax or regulatory calculation tools provided by the Service are offered for informational purposes only. The Client remains solely responsible for its tax, accounting, and regulatory obligations.

Access to the Service is reserved for the Client who has signed the Order Form.

The Client is responsible for:

• the confidentiality of its login credentials;
• actions performed by its Authorized Users;
• the compliance of Client Data.

The Service may only be used for the Client's own needs. Any resale, sublicensing, or making the Service available to third parties is prohibited without prior written authorization.

The contract takes effect on the date the Order Form is signed.

It is entered into for a firm initial period of twelve (12) months.

At the end of this initial period, the contract is automatically renewed for successive monthly periods, unless terminated in accordance with the conditions set out herein.

Any early termination by the Client before the end of the initial period shall not release the Client from payment of the amounts remaining due under the minimum commitment.

The applicable prices are those indicated in the Order Form.

Prices are expressed in euros, excluding taxes (excl. VAT). Applicable VAT is invoiced in addition.

Payment is due monthly and in advance.

Any payment delay exceeding thirty (30) days may result in suspension of the Service, after notification to the Client.

In the event of a delay exceeding sixty (60) days, ModuShop may terminate the contract by operation of law, without prejudice to any amounts still owed.

ModuShop reserves the right to revise its pricing at the end of the initial commitment period.

Reasonable technical support is included in the subscription.

Support requests are handled through the ticketing system or through the channel defined in the Order Form.

ModuShop endeavors to respond to requests within an indicative timeframe of forty-eight (48) business hours.

Requests exceeding normal use of the Service or requiring specific developments may be subject to additional billing.

The Client undertakes to use the Service in compliance with applicable laws and regulations.

The following are expressly prohibited:

• using the Service for illegal or fraudulent purposes;
• distributing manifestly unlawful content;
• attempting to compromise the security or proper operation of the Service;
• carrying out any reverse engineering, decompilation, or code extraction operations.

In the event of a serious breach, ModuShop may suspend or terminate the Service without prior notice.

In the context of the use of the Service:

• The Client acts as the data controller.
• ModuShop acts as the data processor.

ModuShop processes data solely on the Client's instructions and implements reasonable technical and organizational measures to ensure its security.

The Client remains solely responsible for:

• the compliance of its data processing activities;
• information published through the Service;
• its legal and tax obligations.

Technical backups are performed. However, ModuShop does not guarantee the complete absence of data loss.

The Client may request a standard export of its Client Data at the end of the contract.

A standard export is made available at the end of the contract.

Migration assistance services to a third-party solution may be subject to separate billing.

The Service, its source code, architecture, databases, and graphic elements remain the exclusive property of ModuShop.

The Client is granted a non-exclusive, non-transferable, and non-assignable right of use, limited to the duration of the contract.

ModuShop is bound by an obligation of means.

ModuShop does not guarantee continuous or error-free availability of the Service.

ModuShop's liability is limited to the amount of sums actually paid by the Client during the preceding twelve (12) months.

Under no circumstances shall ModuShop be held liable for indirect damages, including loss of revenue, loss of business, or damage to reputation.

ModuShop shall not be held liable for failures attributable to third-party providers (hosting provider, internet service provider, external services).

ModuShop reserves the right to update or modify the Service in order to improve its features, security, or performance.

Such updates shall not constitute grounds for termination, unless they substantially alter the essential features.

In the event of a serious breach by the Client of its contractual obligations, ModuShop may suspend or terminate the contract.

The Client may terminate the contract at the end of the initial period, subject to one (1) month's written notice.

In the event of cessation of the Service's operations, ModuShop shall notify the Client with a minimum notice period of three (3) months.

A standard export of Client Data will be made available before the effective end of the Service.

The parties undertake to keep confidential all information exchanged in connection with the contract.

This obligation shall survive for two (2) years after the end of the contract.

The parties undertake to prioritize the amicable resolution of any dispute and to refrain from publicly damaging the other party's reputation in an abusive or malicious manner.

Neither party shall be held liable in the event of force majeure within the meaning of Article 1218 of the French Civil Code.

These GTC are governed by French law.

Any dispute shall fall under the exclusive jurisdiction of the courts within the jurisdiction of ModuShop's registered office.