Terms

Terms of service

The terms that apply to kemmob subscriptions taken out by businesses. This is a translation of the French CGV, which prevail.

Version of

1. Purpose and scope

These general terms of sale (the “Terms”) govern the supply of kemmob, an online competitive and pricing intelligence platform for furniture sellers (the “Service”).

The Service is provided by JPTA, a French simplified joint-stock company (SAS) with its registered office at 68 rue de l'Église, 75015 Paris, France, registered with the RCS Paris under number 109 329 292, intra-EU VAT number FR42 109 329 292 (“JPTA”). Contact: contact@kemmob.com.

The Service is reserved for businesses acting for the purposes of their trade. By subscribing, the Customer declares that it acts in that capacity. Consumer protection rules, including the right of withdrawal, therefore do not apply.

Any subscription implies acceptance of the Terms in force on its date. They prevail over the Customer's purchasing terms. Specific terms accepted by both parties, such as an Enterprise quote, may supplement them; they then prevail over the Terms on the points they cover.

2. Definitions

  • Customer: the business that takes out a Subscription or opens a free space.
  • User: a person authorized by the Customer to access the Service with a personal account.
  • Plan: Essential, Growth or Enterprise, with the volumes and modules chosen by the Customer.
  • Subscription: the paid subscription to a Plan, monthly or annual.
  • Customer area: the part of the Service where the Customer manages its account, its Users and its Subscription.
  • Customer Data: the information that the Customer and its Users provide to the Service, including its catalog, prices, photos and validations.
  • Results: the matches, prices, scores, alerts, analyses and exports that the Service produces for the Customer.

3. Access to the Service and free trial

The Service is available online from a recent web browser. The Customer provides, at its own cost, the equipment and connection required.

Each User has a personal account, up to the number of Users in the Plan. Login credentials are confidential and must not be shared. The Customer informs JPTA without delay of any unauthorized use of an account. Actions taken with a User's credentials are deemed to be taken by the Customer.

Free space. A business may open a free space without any payment method. It includes three searches per month and the tracking of one best seller for 30 days. It carries no purchase obligation and never becomes a paid Subscription unless the Customer expressly subscribes. It is provided as is, with no availability or support commitment. JPTA may change its content, limit its use or close it at any time, in particular in case of abuse. Articles 4 to 7, on price, ordering, payment and the term of the Subscription, do not apply to it.

4. Plans, prices and VAT

Plans, their content and their prices are described on the Plans and pricing page. On the date of this version:

  • Essential: €290 excluding VAT per month in its typical configuration;
  • Growth: €790 excluding VAT per month in its typical configuration;
  • Enterprise: on quote.

The price of Essential and Growth adjusts unit by unit to the volumes chosen by the Customer (products, tracked best sellers, competitor sites, searches, Users), up or down, never below €150 excluding VAT per month. Optional modules are added at their published price; some are included depending on the Plan. Features marked as beta are offered on request, as is, and may change or be withdrawn.

The Subscription is either monthly, with no commitment beyond the current month, or annual, with a 15% discount in exchange for a twelve-month commitment.

Prices are in euros, excluding VAT. VAT at the applicable rate is added. For a Customer established outside France, VAT is applied under the rules in force, including the reverse charge when the Customer is established in another EU member state and provides a valid intra-EU VAT number.

The price of the Subscription is the one confirmed to the Customer at activation and shown at payment. The Customer may ask at any time to change its Plan, volumes or modules: the new price and its effective date are shown before the Customer confirms the change.

JPTA may change its prices. A new price applies immediately to new subscriptions. For a running Subscription, it only applies from the next renewal, after the Customer has been informed by email at least 30 days in advance. A Customer who does not accept the new price may cancel its Subscription before that date.

5. Ordering and activation

Subscribing takes three steps:

  1. the Customer chooses a Plan, its volumes and modules, or asks for an Enterprise quote, and sends its request to JPTA;
  2. the kemmob team reviews the request, confirms the Plan and its price to the Customer, and activates the account;
  3. the Customer pays for the Subscription online.

The contract is formed when the Customer validates its first online payment, which constitutes acceptance of the Terms. The first Subscription period starts on that date.

JPTA may decline a request for a legitimate reason, in particular if the applicant is not acting as a business, if the information provided is incomplete or inaccurate, or if a previous Subscription remained unpaid.

6. Payment and invoicing

The Subscription is paid in advance, at the start of each monthly or annual period, by bank card or SEPA direct debit. Payments are processed by Stripe, a payment service provider. JPTA neither receives nor stores card numbers.

By registering a payment method, the Customer authorizes the automatic payment of each renewal period until the Subscription ends. By choosing SEPA direct debit, the Customer signs a direct debit mandate and is informed of the amount and date of each debit before it is made.

Invoices are issued by Stripe in the name and on behalf of JPTA. The Customer agrees to receive them electronically. No discount is granted for early payment.

Failed payment. If a payment fails, the Customer is informed and further attempts are made. The Customer must settle the amount promptly, updating its payment method if needed. If reminders go unanswered, JPTA may suspend access to the Service under article 8.

Any amount not paid when due automatically bears, without any reminder being required, late payment penalties at three times the French statutory interest rate, plus a fixed recovery fee of €40, under articles L. 441-10 and D. 441-5 of the French Commercial Code.

7. Term, renewal and cancellation

A monthly Subscription runs for one month, an annual Subscription for twelve months. Each renews automatically for a period of the same length until it is cancelled.

Cancellation by the Customer. The Customer may cancel its Subscription at any time from its Customer area, with the “Mettre fin à mon abonnement” (end my subscription) button, or by writing to contact@kemmob.com. Cancellation takes effect at the end of the current period, already paid: access remains active until that date and no pro rata refund is due. For an annual Subscription, it therefore takes effect at the end of the current twelve months. Until that date, the Customer may withdraw its cancellation; the Subscription then continues unchanged.

Termination for breach. If either party seriously breaches its obligations and fails to remedy the breach within 15 days of written notice, the other party may terminate the Subscription in writing, without prejudice to any damages it may claim. Non-payment and breach of article 9 are, in particular, serious breaches.

Non-renewal by JPTA. JPTA may decide not to renew a Subscription by informing the Customer by email at least 30 days before the end of the current period. If JPTA stops providing the Service during a period for a reason other than a breach by the Customer, it refunds the share of the price corresponding to the remaining period.

End of the Subscription. When the Subscription ends, for whatever reason, access for the Customer and its Users is closed. Before that date, the Customer may export its Data and Results with the export features of its Plan. Customer Data is then kept for 30 days, during which the Customer may request a copy in a common format at contact@kemmob.com, and then deleted. JPTA only keeps what the law requires it to keep, such as invoices.

8. Suspension

JPTA may suspend all or part of the access to the Service, for the Customer or for some Users:

  • in case of non-payment, when reminders have gone unanswered;
  • in case of breach of article 9, in particular a use that threatens the security or operation of the Service or the rights of third parties;
  • at the request of an authority, or to deal with a security incident.

Except in an emergency, JPTA informs the Customer before suspending access. Access is restored as soon as the cause of the suspension has gone, in particular as soon as the amounts due are paid. A suspension caused by a breach by the Customer does not release it from paying for the Subscription. If non-payment continues more than 30 days after the suspension, JPTA may terminate the Subscription in writing.

9. Customer obligations and acceptable use

The Customer uses the Service for the internal needs of its business, in accordance with the Terms and the law. In particular, it undertakes to:

  • provide accurate information and keep it up to date, especially its billing details;
  • not resell, rent or sublicense the Service, nor make it available to third parties, except its service providers acting on its behalf and bound by confidentiality;
  • not systematically extract the content of the Service by automated means, outside the export features provided;
  • not attempt to bypass the limits of its Plan, authentication or security measures, nor disrupt the operation of the Service;
  • not decompile the Service or try to reconstruct how it works, except where the law allows it;
  • not use the Service to design or feed a competing service;
  • only provide lawful content to the Service, for which it holds the necessary rights.

The Customer is solely responsible for its Data and for the decisions it makes using the Service, in particular its selling prices and their compliance with the applicable rules, including those governing announced price reductions. A feature that changes prices in the Customer's tools only acts according to the rules and within the limits the Customer has set.

The Customer is answerable for compliance with the Terms by its Users and by the service providers to which it gives access.

10. Intellectual property

JPTA holds all rights in the Service, including its software, interfaces, documentation, the kemmob brand and the databases it builds. The Terms transfer none of these rights to the Customer.

During the Subscription, JPTA grants the Customer a non-exclusive, non-transferable right to use the Service, limited to its internal needs and to the number of Users in its Plan.

The Customer may use the Results for its internal needs, including, after the Subscription ends, the exports made during it. It may not publish them or pass them on to third parties as such.

The Customer remains the owner of its Data. It authorizes JPTA to host, copy and process it to provide the Service, during the Subscription and the retention period set out in article 7. JPTA may use Users' feedback on matches and usage statistics to improve the Service, in a form that does not identify the Customer, and never passes Customer Data on to another customer. Customer Data is never sold.

Third-party brands, names and product photos shown in the Service belong to their owners.

11. Confidentiality

Each party keeps confidential the non-public information received from the other in connection with the Subscription, including Customer Data, its prices and its commercial strategy, as well as specific pricing terms and technical information about the Service. It uses that information only to perform the contract and discloses it only to the people, employees or service providers, who need it and are bound by the same obligation.

This obligation applies during the Subscription and for three years after it ends. It does not cover information that is public, already known to the receiving party, or whose disclosure is required by law or by an authority.

12. Personal data

Each party complies with the rules on personal data, including Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

JPTA processes, as controller, the data of the Customer's contacts and Users needed to manage the account, the Subscription, invoicing and support. This processing is described in the privacy policy.

The Service is not designed to process personal data on the Customer's behalf. If the Customer provides such data, JPTA acts as processor within the meaning of article 28 of the GDPR, on the Customer's instructions only, and provides on request the data processing agreement required by that article.

13. Availability and support

JPTA strives to keep the Service available at all times and uses reasonable means to ensure its availability, security and continuity. This is an obligation of means (best efforts).

Access may be interrupted for maintenance, updates or incidents. JPTA strives to schedule maintenance at times of low use and to inform the Customer in advance when it is foreseeable.

The Service relies on information published by third-party sites. Its availability, accuracy and freshness depend on those sites: a site that cannot be reached, a page that changes or a product that is withdrawn may delay or prevent the update of some information. Matches and scores are produced automatically; JPTA does not guarantee that every competing product is found or that every match is accurate. The Customer can confirm or reject each match.

JPTA may develop the Service and add, change or withdraw features, without substantially reducing, during the current period, the essential features of the Plan subscribed.

Support. Support is provided by email at contact@kemmob.com, on business days. JPTA replies as soon as possible. An Enterprise quote may provide for a specific service level.

14. Liability and limitation

JPTA can only be held liable for a proven fault, and only for the direct damage that results from it.

JPTA is not liable for:

  • indirect damage, such as loss of revenue, margin, customers, opportunity or reputation;
  • the Customer's business decisions, including the prices it sets using the Service;
  • the content, accuracy or unavailability of third-party sites;
  • the consequences of a use of the Service contrary to the Terms, or of a failure of the Customer's equipment or connection.

For all causes combined, JPTA's total liability under a Subscription is limited to the amounts paid by the Customer during the twelve months preceding the event giving rise to liability. The free space is provided without warranty, to the extent permitted by law.

These limits do not apply in case of gross negligence or wilful misconduct, personal injury, or where the law prohibits limiting liability. The parties acknowledge that the price of the Service reflects this allocation of risk.

The Customer indemnifies JPTA against any third-party claim relating to its Data or to a use of the Service contrary to the Terms, and against the consequences of such claims.

15. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code: for example, where the conditions are met, a general failure of telecommunication or power networks, a large-scale cyberattack, a fire, a flood, an epidemic or a decision of an authority.

The affected party informs the other without delay. The obligations concerned are suspended for as long as the impediment lasts. If it lasts more than 30 days, either party may terminate the Subscription in writing, without compensation. Force majeure does not release the Customer from paying for the Service already provided.

16. Changes to the Terms

JPTA may change the Terms, in particular to reflect changes in the Service or the law. Each version is published on this page with its date.

A new subscription is governed by the version in force on its date. For a running Subscription, the new version applies from the next renewal, after the Customer has been informed by email at least 30 days in advance. A Customer who does not accept it may cancel its Subscription before that date. A change required by law applies as soon as it comes into force.

17. Miscellaneous

The Customer may not assign its Subscription without JPTA's written consent. JPTA may use service providers to provide the Service; it remains responsible to the Customer for their work.

The parties communicate by email, at the address of the Customer's account and at contact@kemmob.com.

If a clause of the Terms is held invalid, the other clauses remain in force. Not relying on a breach does not waive the right to rely on it later.

18. Governing law and jurisdiction

The Terms and Subscriptions are governed by French law. The Terms are written in French; in case of difference with a translation, including this one, the French version prevails.

Except in an emergency, the parties first seek an amicable solution to any dispute; the Customer sends its complaint to contact@kemmob.com. Failing agreement within 30 days, any dispute relating to the formation, interpretation, performance or end of the Terms and Subscriptions falls under the exclusive jurisdiction of the courts of Paris, France, including for summary proceedings, third-party claims or multiple defendants.

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