Terms of Service

1. Provider and Acceptance

The Service is provided by PERFSELL, a simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 1,000, whose registered office is at 48 rue de Boulainvilliers, 75016 Paris, France, registered with the Paris Trade and Companies Register under number 999 520 273 (RCS Paris 999 520 273), intra-EU VAT number FR25 999 520 273 ("PerfSell", "we", "us").

These Terms of Service ("Terms") govern access to and use of the PerfSell platform, websites and related services (the "Service"). The person who creates a workspace or subscribes to a plan accepts these Terms on behalf of the customer, the company, other legal entity or sole trader (entrepreneur individuel) for which the workspace is used ("you"), and represents that they have the authority to bind it. Users invited to a workspace use the Service under the customer's account and agree to sections 3 and 5; their acceptance never modifies an agreement signed by the customer.

Written agreements: if you have signed an order form, quote or other written agreement with PerfSell (for example for an ENTERPRISE plan or a plan invoiced outside Stripe), it prevails over these Terms where they conflict, and the plan it covers is invoiced, renewed and ended as it states.

These Terms are available in French and in English. In case of discrepancy between the two versions, the French version prevails.

2. Description of the Service

PerfSell is a multi-marketplace e-commerce analytics platform. It connects to your marketplace and sales channel accounts to import orders, products, stock and financial data, and provides analytics, reporting, forecasting and inventory insights. The Service is provided on a software-as-a-service basis and may evolve over time.

3. Accounts and Eligibility

• The Service, on every plan, is intended exclusively for professionals. By creating an account, you represent that you act for the purposes of your trade, business, craft or profession. The Service is not offered to consumers within the meaning of the preliminary article of the French Consumer Code, and we may close an account opened by a consumer.
• You must provide accurate and complete information when creating an account.
• You are responsible for safeguarding your credentials and for all activity under your account. Sign-in credentials are personal to each user and may not be shared.
• You must be at least 18 years old and able to enter into a binding contract.
• Each workspace is multi-tenant isolated; you may not attempt to access another tenant's data.

4. Plans, Free Plan and Billing

• Plans: The Service is offered under a free plan (FREE) and paid subscription plans (PRO, BUSINESS and ENTERPRISE). Plan features and limits are described on our pricing page at https://app.perfsell.com/pricing and at the time you choose a plan.
• Free plan: The free plan is provided free of charge, without a time limit and without a payment method. It currently includes up to 2 connections (one connection is one store on a marketplace or sales channel, for example one country of Veepee or one Shopify store; Amazon Europe counts as one), 200 orders per calendar month for the whole workspace, counted on the order date (Paris time, cancelled orders excluded), 3 months of displayed history and 1 user. Orders are synchronized at most every 2 hours, after paid workspaces, so the interval may be longer when the Service is busy; catalog and stock data are updated about once a day. A manual update can be requested once an hour for orders and once a day for catalog and stock. The free plan includes only the features listed for it on the pricing page; in particular, exports (except during the 30 days described under "Retrieving your data"), AI features, reviews, forecasts, scheduled reports, the weekly summary email, alerts other than stock and synchronization alerts, and the public API are not included.
• Free plan limit: Orders above the monthly limit of the free plan are never billed and are not imported while the workspace stays on the free plan; the count starts again on the first day of each calendar month. If you subscribe to a paid plan, we import the orders that were not imported and that were created in the 90 days before that import, as far as the marketplace still provides them. This import may take several days; for some marketplaces (currently Cdiscount, ManoMano and Groupon) our team carries it out. Older orders are not imported automatically. The figures of a month that reached the limit, or of a period older than the displayed history, are shown as partial. Older data is kept and is shown again on a paid plan, unless the workspace is deleted for inactivity as described below.
• Inactive free workspaces: When no user with access to a free workspace has used it for 60 days (no signed-in visit), it is paused: order and stock synchronization, the daily email and the alerts stop, and its data is kept. We aim to notify the owner by email, normally 7 days before the pause, and any signed-in visit by a user with access to it restarts it (users blocked by the plan's user limit do not count). A free workspace that no user with access has visited for 12 months may be deleted, with its data, after an email sent 30 days before the deletion; until then you can ask for a copy of your Customer Data as described below.
• Connections and users above a plan's limits: When a workspace moves to the free plan, or to a plan with fewer connections, the connections above the new limit are paused: their credentials and data are kept, they are not synchronized, and they resume when you subscribe to a plan that includes them. You choose the connections that stay active; failing a choice, those with the highest revenue over the last 30 days are kept. You may change this choice once a month: after a change, the next one is possible one month later. When a connection resumes, the orders received during the pause are imported up to 90 days back; orders placed earlier during the pause are not imported. In the same way, the users above the user limit of the new plan lose access to the workspace: the owner keeps access first, then administrators, then the other users who joined first. Their accounts are kept, and they regain access when you subscribe to a plan that includes them. When a workspace moves to the free plan, pending invitations are cancelled.
• Changes to the free plan: We may change the content or the limits of the free plan, or end it. We will inform you through the platform or by email at least 30 days before a change that reduces the free plan or ends it; a change that adds features or raises a limit may apply immediately. A change to the free plan does not by itself delete the data you imported. If we end the free plan, you may subscribe to a paid plan or export your Customer Data until the end date and for at least 30 days after it; data not retrieved may then be deleted as described in Annex A (End of the Service). We may however suspend the synchronization of free workspaces without notice, for as long as necessary, to protect the availability of the Service; such a suspension never deletes the data you imported.
• Fair use: A customer may hold one free workspace. Opening several free workspaces for the same business, or sharing one user's sign-in among several people, to exceed the free plan limits is not allowed; we may then merge, pause or close the extra free workspaces after informing you.
• Paid plans: Unless a written agreement provides otherwise, paid plans subscribed online are billed from the first day of the subscription, without a free trial, through our payment provider Stripe. By subscribing you authorize recurring charges to your payment method for the applicable fees until you cancel.
• Trials already started: A trial started before the free plan was introduced continues until its end date. If you entered a payment method to start it, the paid plan you selected starts at the end of the trial and is charged to that payment method, unless you cancel before that date; if you cancel, or if that payment remains unpaid and the subscription is cancelled, your workspace moves to the free plan. A trial started without a payment method moves to the free plan at its end, unless you choose a paid plan.
• Plan changes: An upgrade takes effect immediately and is prorated: the unused part of the current period is credited and the new price for the rest of it is charged at once to your payment method. A change of billing period takes effect immediately and starts a new billing period that day: the unused part of the current period is credited and the price of the new period is charged at once. Any remaining credit is applied to your next invoices and is not refunded. A downgrade takes effect at the end of the current billing period. During a trial, a plan change applies when the trial ends, with no charge before. When a downgrade takes effect, the connections and users above the new plan's limits are paused or blocked as described above.
• Prices and payment: The prices in force are those shown on our pricing page when you subscribe, including the price of each order above the number of orders included in your plan. All prices exclude VAT, including where a page omits the mention; applicable taxes (for example, French VAT) are added at checkout based on your billing address and tax status. Subscription fees are payable in advance at the start of each billing period, and usage-based fees on receipt of the invoice, by automatic charge to your payment method or, under a written agreement, by the means and within the term it states. Any amount not paid when due bears, from the day after its due date and without prior notice, late-payment interest at three times the French legal interest rate, together with the fixed indemnity for recovery costs of EUR 40 provided by Articles L441-10 and D441-5 of the French Commercial Code, without prejudice to further compensation where recovery costs exceed that amount. Amounts due remain payable after the subscription ends.
• Failed payments: If a payment fails, we notify you by email and our payment provider retries it. Your workspace stays accessible, but the synchronization of your connections stops 3 days after the first failed payment, until the invoice is paid. If the invoice remains unpaid after the retries and the subscription is cancelled, your workspace moves to the free plan, as after a cancellation.
• Renewal and price changes: Subscriptions renew automatically for the same period, at the price then in force for your plan, unless cancelled before the end of the current billing cycle. We inform you by email or through the platform of any change in the price of your plan at least 30 days before the renewal it applies to; if you do not accept it, you may cancel before that renewal.
• Cancellation: The owner or an administrator of the workspace may cancel at any time from the billing settings. Cancellation takes effect at the end of the current paid period. Your workspace then moves to the free plan: the connections and users above its limits are paused or blocked as described above, pending invitations are cancelled, and any limit negotiated for your paid plan ends. Nothing is deleted at that time. A plan provided under a written agreement ends as that agreement provides, and the workspace then moves to the free plan in the same way. Fees already paid are non-refundable except where required by law.
• Usage-based fees: PRO and BUSINESS include a number of orders per month (1,000 on PRO, 3,000 on BUSINESS). Each order above it is billed at the per-order rate shown on the pricing page when you subscribe (currently EUR 0.08 excluding VAT on PRO and EUR 0.05 excluding VAT on BUSINESS). Orders are counted by their order date within each monthly period of your subscription, yearly subscriptions included; cancelled orders are not counted, and orders dated before your subscription started are never billed. The extra orders of a period are invoiced after it, including the last period before a cancellation takes effect: with the next invoice of a monthly subscription, or by a separate monthly invoice for a yearly subscription, and charged to your payment method. An ENTERPRISE plan or a written agreement may set other volumes and rates. No usage-based fee applies to the free plan.
• Temporary withdrawal of the free plan: If we stop offering the free plan for technical, legal or security reasons, free workspaces keep their access and data and their synchronization is suspended until the free plan resumes or you subscribe; a paid subscription that ends during that period leaves the workspace read-only, its data visible and exportable, until you choose a paid plan.
• Workspaces ended before the free plan: A workspace whose subscription or trial ended before the free plan was introduced stays read-only: its data stays visible and exportable, changes are turned off, and it moves to a paid plan when you choose one.
• Retrieving your data: When paid access ends, whatever the reason (the end of a subscription, of a trial, or of a plan provided under a written agreement), you can export your Customer Data from your workspace, its full history included, for 30 days after that date, whatever plan the workspace then has. At any time, on request to contact@perfsell.com, we provide your Customer Data in a structured, commonly used and machine-readable format, and we delete it at your request once you have retrieved it.

5. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law or marketplace terms.
• Attempt to gain unauthorized access to the Service or other tenants' data.
• Reverse engineer, resell, or sublicense the Service except as permitted by law.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to transmit malware or to scrape it through unauthorized automated means.

6. Marketplace Connections and Third-Party Services

The Service connects to third-party marketplaces, sales channels and providers (such as Mirakl-based marketplaces, Veepee/Privalia, Amazon, Cdiscount/Octopia, ManoMano, Groupon and Shopify) using credentials or authorizations you provide. You are responsible for ensuring you have the right to connect those accounts. Third-party services are governed by their own terms, and their availability or data is outside our control. PerfSell is not responsible for changes, outages, or data limitations of third-party providers.

7. Customer Data and Personal Data

You retain ownership of the data you import or generate through the Service ("Customer Data"). You grant PerfSell a limited license to host, copy and process Customer Data solely to provide the Service to you and to produce the aggregated data described in section 8. Where Customer Data includes personal data of your own customers, you are the controller and PerfSell processes it as your processor, only on your documented instructions (these Terms and your use of the Service), under the Data Processing Terms in Annex A, which form part of these Terms. Our handling of the personal data of the users of the Service is described in our Privacy Policy.

8. Intellectual Property

The Service, including its software, design, and content (excluding Customer Data), is owned by PerfSell and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding. We may use aggregated data that identifies neither you nor any individual to operate and improve the Service.

9. Service Availability and Support

We strive to keep the Service available and reliable but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features with reasonable notice where practicable. Scheduled maintenance and third-party dependencies may affect availability.

10. Liability

PerfSell provides the Service with the care and skill of a diligent professional, under a best-efforts obligation (obligation de moyens). Analytics, forecasts and financial figures are provided for information and may rely on third-party data; you remain responsible for your business and accounting decisions.

Except in case of gross negligence or wilful misconduct, and to the extent permitted by law: (a) PerfSell is not liable for indirect damage, including loss of profit, revenue, business or goodwill; (b) PerfSell's total liability for all claims arising out of or in connection with the Service is limited to the greater of the amounts you paid for the Service during the twelve (12) months preceding the event giving rise to the claim and EUR 100.

11. Suspension and Termination

Cancelling a subscription does not close your account: see section 4 for what happens to your workspace. You may close your account at any time on request to contact@perfsell.com; when the last user of a workspace closes it, any subscription ends immediately without refund and the workspace data is deleted as described in Annex A (End of the Service) and our Privacy Policy. You may end these Terms at any time by cancelling your subscription and closing your account.

We may suspend all or part of the Service immediately if your use creates a security risk for the Service or other customers, or if required by law or a competent authority. If a payment fails, synchronization stops 3 days later; if the amount is still unpaid when the subscription closes, paid access ends as described in section 4. If you breach section 3, 4 or 5, we may suspend your access, and terminate these Terms if the breach is not cured within 15 days of a notice sent by email. When a paid subscription ends and the account is not closed, your workspace moves to the free plan as described in section 4. After termination, the end-of-service terms of Annex A apply.

12. Changes to the Service or Terms

We may update these Terms from time to time, and we notify you of each change by email or through the platform. A change that reduces your rights takes effect 30 days after that notice; if you do not accept it, you may cancel your subscription or close your account before then, and otherwise your continued use of the Service after that date constitutes acceptance of the updated Terms. A change required by law, or that only adds to your rights, applies at once. Each version of these Terms remains available at its own address, and the previous version is linked at the top of this page.

13. Governing Law

These Terms are governed by French law. Any dispute relating to their formation, interpretation, performance or termination falls under the exclusive jurisdiction of the Tribunal des activités économiques de Paris, or of the court that succeeds it, including in case of multiple defendants, third-party claims or summary proceedings.

14. Contact Us

For any questions about these Terms, please contact us:

Annex A. Data Processing Terms (Article 28 GDPR)

This Annex applies where PerfSell processes, as your processor, the personal data of your customers contained in Customer Data. It forms part of the Terms.

• Subject and duration: PerfSell processes this data to provide the Service to you, for the duration of the Terms and until the data is deleted or returned as described below.
• Nature and purpose: Import from the marketplaces and sales channels you connect, storage, display, search and analysis within the Service, for your order management and reporting.
• Data subjects and data: Your customers (buyers on the marketplaces and sales channels you connect). Data: name, email address, phone number, billing and shipping addresses, order details, keyed fingerprints of names, email addresses and phone numbers used for search and repeat-customer counts and, where the marketplace provides them, reviews (name, rating and comment). No special category of personal data is processed.
• Instructions: PerfSell processes this data only on your documented instructions, which are the Terms, including the aggregation described in section 8, and the settings you choose in the Service, unless EU or member state law requires otherwise; in that case PerfSell informs you before processing, unless that law forbids it. PerfSell immediately informs you if, in its opinion, an instruction infringes data protection law.
• Your obligations and rights: You are responsible for the lawfulness of the processing you instruct, including informing your customers. You may give PerfSell documented instructions, and you have the rights of information, objection and audit set out in this Annex.
• Confidentiality: The persons authorized to process this data are bound by confidentiality.
• Security: PerfSell implements the technical and organizational measures described in section 8 of our Privacy Policy, including encryption in transit, access control and isolation between workspaces.
• Sub-processors: You authorize PerfSell to use the sub-processors listed in section 5 of our Privacy Policy. PerfSell informs you of any intended addition or replacement at least 30 days in advance, by email or through the platform; you may object for legitimate reasons and, if no solution is found, close your account before the change takes effect (section 11), after retrieving your Customer Data as described in section 4. PerfSell imposes on each sub-processor data protection obligations equivalent to this Annex and remains responsible for them.
• Transfers: Where a sub-processor processes this data outside the European Economic Area, the transfer relies on an adequacy decision, including the EU-US Data Privacy Framework where the provider is certified, or on the European Commission's Standard Contractual Clauses.
• Assistance: PerfSell assists you, as far as possible, in answering requests from data subjects, and in your obligations on security, breach notification, impact assessments and prior consultation. Requests that PerfSell receives directly from your customers are forwarded to you.
• Personal data breaches: PerfSell notifies you of any personal data breach affecting this data without undue delay after becoming aware of it, with the information then available.
• End of the Service: When these Terms end, whatever the reason (closure of your account, termination under section 11, deletion of an inactive free workspace or end of the free plan), PerfSell deletes this data, unless the law requires its storage; backups are kept for up to 30 days. Before that, you can retrieve it as described in section 4; if PerfSell ends these Terms, your Customer Data stays retrievable on request for 30 days after the end.
• Audits: PerfSell makes available the information necessary to demonstrate compliance with this Annex and allows audits by you, or by an auditor you appoint who is bound by confidentiality, with reasonable notice, at most once a year except after a personal data breach, at your expense.