General Terms and Conditions of Use for the EasyAudit Premium Module

This document is an uncertified translation provided for informational purposes only. In case of discrepancies or disputes, only the original French version shall prevail.

Preamble

These General Terms and Conditions of Use (hereinafter referred to as “GTCU”) govern the use of the EasyAudit Premium module (hereinafter referred to as “the Module”). The Module is designed to analyze the code of Magento 2 sites and instances and to generate detailed reports on potential source code vulnerabilities for users (hereinafter referred to as the “User”).

The Module is published and sold by the single-member simplified joint-stock company Crealoz, whose headquarters are located at 13, rue de la Piniatelle, 15300 Murat – France, and whose company registration number (SIREN) is 901826602 (hereinafter referred to as the “Publisher”).

By accessing and using the Module, the User acknowledges having read these GTCU, in particular the provisions relating to the usage license (Article 5), and agrees to comply with them. The purpose of these GTCU is to define the conditions of access and use of the Module, as well as the respective rights and obligations of the Publisher and the User.

“Software” refers to all computer programs, including source code, object code, databases, interfaces, technical documentation, and all elements related to the execution of the program, whether original or derivative versions. The Module is therefore considered software under applicable laws and regulations.

The Publisher sells the Module under a usage license. This license grants no ownership rights to the software, only a right to use it under the defined terms.

The Module is not compatible with all versions of Magento 2. It is designed to operate with PHP version 8 and above. If necessary, a solution suitable for version 8 can be provided. The Client is responsible for verifying the compatibility of their environment before using the Module.

The User is encouraged to read these GTCU carefully before using the Module. If the User disagrees with any of the provisions, they are advised not to use the Module. Acceptance of these GTCU is confirmed when the User checks the box that states: “By checking this box, I acknowledge having read and accepted the General Terms and Conditions of Use, including the usage license for the EasyAudit Premium module.” This confirmation is required during the order process and before downloading the Module.

The General Terms and Conditions of Use for the Module in effect are those in place at the time of their acceptance.

These GTCU may be modified at any time without prior notice.

The preamble is an integral part of these GTCU.

Article 1 – Purpose and Scope of Application

These General Terms and Conditions of Use define the conditions for accessing, installing, and using the Module provided by the Publisher. They apply to all installations and uses of the Module, as well as associated services, including updates and technical support during the license term. By using the Module, the User unreservedly accepts these GTCU and agrees to comply with their terms.

Article 2 – Description of the Module

EasyAudit Premium is a module specifically designed for users of the Magento 2 CMS. This Module enables automated auditing of the Magento site’s source code and configurations to identify any anomalies, development errors, or non-compliance with current programming best practices. The audit generates a detailed report listing detected issues, thereby providing Users with valuable insights to improve their site’s quality and performance.

Using the EasyAudit Premium module requires downloading EasyAudit Free first. EasyAudit Free enables basic checks and is not sold on the Publisher’s site. Instead, it is made available for free under the MIT license via GitHub or Packagist. It can be easily found and downloaded directly from these platforms.

Article 3 – Access and Use

Access to the EasyAudit Premium module is conditioned upon purchasing a usage license. After payment, the Module is provided as a downloadable file. The User can then use it in accordance with the defined terms, particularly by respecting the license duration, restrictions on the number of uses, types of audited sites, and other potential limitations as specified in these terms and the license terms (Article 5).

Subscription to the usage license for the Module is done through the Publisher’s website, https://shop.crealoz.fr/, in accordance with the General Terms and Conditions of Use and Sale applicable to that site.

The Publisher undertakes to implement all necessary measures to ensure access to the Module, but reserves the right to temporarily suspend access for maintenance, updates, or in case of force majeure. The User will be informed as soon as possible in the event of a prolonged interruption. The Publisher cannot be held responsible for access interruptions or failures of external services such as hosting or internet service providers.

Any costs incurred by the User to access and use the Module (computer equipment, software, internet connection, etc.) are the User’s responsibility.

The User agrees to review the license terms below before using the Module.

Any fraudulent, abusive, or unlawful use is prohibited and may result in the suspension of access to updates and maintenance, as well as any necessary measures, including the right to initiate legal action immediately without resorting to the conciliation procedure set forth in Article 14 of these GTCU.

Article 4 – Obligations of the Parties

4.1 – Publisher’s Obligations
The Publisher commits to providing the Module in accordance with the defined specifications, ensuring proper functionality within the described features, and performing necessary updates. The Publisher will take reasonable measures to ensure the Module’s accessibility, subject to maintenance or update periods, but cannot guarantee the absence of any malfunction. The Publisher supplies the Module on a best-effort basis rather than guaranteeing specific results. Additionally, the Publisher ensures the security of the data processed through the Module and complies with applicable legal obligations regarding personal data protection.

4.2 – User’s Obligations
The User commits to using the Module in line with its intended purpose, refraining from fraudulent, abusive, or unlawful behavior, and adhering to these General Terms and Conditions, particularly those concerning the license terms, confidentiality, non-competition (Articles 5, 10, and 11), and applicable laws and regulations. The User also undertakes to verify that the Module is compatible with their Magento version and affirms that they meet the necessary requirements to access and use the Module, including technical configurations and infrastructure needed for proper functionality.
Furthermore, the User agrees to collaborate with the Publisher in case of support or technical assistance requests. Any violation of these commitments may result in the suspension of access to updates and maintenance, as well as any necessary measures, including the right to initiate legal action immediately without resorting to the conciliation procedure set forth in Article 14 of these GTCU.

Article 5 – Usage License for the Module

5.1 – Acceptance
By accepting these General Terms and Conditions of Use, the User fully and unreservedly accepts the provisions of this article.

5.2 – License Grant
The Publisher grants the User a limited, non-exclusive, non-transferable, and revocable license for one (1) year, allowing the installation and use of the Module on up to five (5) Magento instances.

An “instance” is defined as a specific installation of the Magento platform, a content management system (CMS) used for creating e-commerce sites. Each Magento instance is a self-contained setup that includes all files, configurations, databases, and other components necessary for the site’s operation.
The User may install the Module on their clients’ Magento instances, provided each installation is counted within the five (5) authorized instances. The User is responsible for the Module’s use and must ensure that their clients comply with these GTCU. The User’s responsibility may be engaged if their client fails to adhere to the GTCU and license terms.
The User may not transfer, resell, or assign this license to their end clients. In case of non-compliance, the Publisher reserves the right to take any necessary measures, including legal action without the conciliation procedure set forth in Article 14 of these GTCU.

5.3 – Restrictions
The User agrees not to:

Modify, adapt, translate, decompile, reverse-engineer, or create derivative works based on the Module;
Redistribute, resell, rent, license, or transfer the Module to third parties;
Bypass, disable, or interfere with the Module’s licensing mechanisms;
Access the Publisher’s servers or systems without authorization, or attempt to manipulate the Module’s operation in any unauthorized manner;
Use the Module to gain information about its algorithms or trade secrets not explicitly disclosed.

5.4 – License Duration
The usage license is granted for a period of one (1) year. After this period, the license ends, and the User may still access the previously downloaded Module but will no longer have access to technical support, updates, or the ability to install the Module on new Magento instances.
To renew the license, obtain a longer-term license, or expand the license, the User is invited to contact the Publisher to negotiate terms.

5.5 – Updates and Technical Support
During the license term (one (1) year), the User benefits from:

Access to software updates,
Technical support related to the Module’s features.

Support does not cover installation, modifications, custom development, or issues resulting from third-party modifications. Installation assistance is available as a separate paid service and must be agreed upon through a quote or contract between the parties.

Article 6 – Intellectual Property

The Publisher guarantees that it holds the exclusive intellectual property rights for the EasyAudit modules. As such, it ensures that the use of the software, in accordance with these conditions, will not be subject to third-party claims. The User is thus granted a peaceful and legally secure right to use the Module.

The EasyAudit software, in all its versions (Free, Premium, and Fixer), is protected by intellectual property laws. Any unauthorized reproduction, modification, distribution, or use of any part of the Module constitutes a violation of the rights of its owner and is strictly prohibited.

For EasyAudit Free, while it is distributed under the MIT license, this license does not eliminate the intellectual property rights attached to the software. It allows free use under the conditions of the license, particularly regarding attribution requirements.

As for the Premium and Fixer versions, they are provided under specific contractual conditions that define the usage rights granted. Any exploitation outside the stipulated terms without express authorization may result in the User being held liable.

Some elements included in the provided Module, such as logos, trademarks, designs, models, and other protected content, are the intellectual property of third parties. These elements are used by the Publisher in compliance with the rights of their respective owners and are legally protected. They may not be used without prior authorization from the rights holders.

If the User fails to fulfill these obligations, the Publisher reserves the right to take immediate legal action without resorting to the conciliation procedure set forth in Article 14 of these GTCU.

Article 7 – Liability

The Publisher is obligated to make reasonable efforts to ensure the availability and functionality of the EasyAudit Premium module. However, it does not guarantee specific outcomes or that the software will meet all of the User’s particular needs. The Publisher cannot be held liable for a lack of results or nonconformance with the User’s expectations.

The Publisher’s liability is limited to proven fault. In any event, it is strictly confined to direct damages, excluding indirect, immaterial, or consequential damages (such as loss of revenue, data loss, commercial harm, or lost profits). If the Publisher’s liability were established, it would be capped at the amount the User actually paid for access to the Module over the previous twelve (12) months.

The Publisher is not responsible for damages caused by the User, including improper use of the Module, use not in accordance with documentation or these GTCU, or alterations made to the software by an unauthorized third party.

The User is fully responsible for their use of the Module and agrees to comply with all contractual obligations. Their liability may be engaged in the event of a breach of the effective agreements, including these GTCU, particularly if they engage in fraudulent or abusive use of the software.

The Publisher reserves the right to suspend or restrict access to the Module in case of non-compliance with the GTCU by the User, without prejudice to any legal actions that may be taken against them.

Finally, the User acknowledges that the EasyAudit module is a tool intended to assist with auditing and analysis, rather than a failproof solution. It is the User’s responsibility to complement its use with appropriate checks and to make independent decisions, without holding the Publisher responsible for any consequences of its use.

Article 8 – Duration and Termination

These General Terms and Conditions of Use come into effect when the User places an order for the Module. They apply for as long as the User continues to use the Module, even after the usage license has expired, as long as the Module remains installed. The User remains bound by certain provisions that, by their nature, survive the termination or expiration of these terms. This includes obligations related to intellectual property, personal data, confidentiality, non-competition, as well as any unfulfilled obligations.

The Publisher reserves the right to terminate these GTCU immediately and automatically in the event of a serious violation by the User. This includes failing to adhere to usage restrictions, attempting to circumvent licensing mechanisms, or engaging in any use contrary to the rights granted.

Termination may also occur if the User violates the rights or interests of the Publisher, including but not limited to any fraudulent or unlawful use of the Module, as well as any action that damages the image, reputation, or activities of the Publisher.

In the event of termination, the User must immediately cease all use of the Module and uninstall it.

Termination of these GTCU, regardless of the reason, does not affect the parties’ prior obligations, especially those concerning liability and confidentiality.

Article 9 – Modification or Improvement of the Module

The Publisher reserves the right to make modifications or improvements to the Module at any time, including optimizing performance, fixing bugs, or adding new features, without any obligation to notify the User in advance.

Article 10 – Confidentiality

Both parties agree to keep all elements of the contract, as well as any non-public documents, systems, software, and know-how, confidential. If there is any doubt about the confidential nature of information, one party should consult the other. Confidential information can only be used to fulfill the contract. If any confidential materials are lost, the other party must be promptly informed.

The confidentiality obligation remains in effect throughout the contract’s duration and for two (2) years after its termination. Neither party is responsible for disclosing information that is already public, lawfully obtained, or required by law or court order, provided the other party is promptly notified.

If the User fails to meet their confidentiality obligations, the Publisher reserves the right to take immediate legal action without resorting to the conciliation procedure set forth in Article 14 of these GTCU.

Article 11 – Non-Competition

The User agrees that, for the entire duration of using the Module and for a period of two (2) years after ceasing its use, they will not develop, sell, distribute, or contribute—either directly or indirectly—to the creation of software, modules, or services that compete with the Module provided by the Publisher.

This non-competition obligation applies globally and includes any activity that directly competes with the Module or associated services provided by the Publisher.

Any breach of this clause will result in the immediate termination of the usage license and may lead to immediate legal action, including claims of unfair competition and parasitism.

Article 12 – Waiver and Invalidity

Unless otherwise stated, the failure by a party to enforce any provision of this contract does not waive that party’s right to enforce it later, nor does it constitute a waiver of any other breach.

Similarly, tolerance regarding the application of certain clauses, no matter how long it persists or how frequently it occurs, will never be interpreted as a modification or removal of those clauses.

If any provision of this contract is found to be invalid, in whole or in part, it will not affect the remaining conditions, which will remain fully enforceable. In such a case, the parties will work together to rewrite the invalid clause.

Article 13 – Force Majeure

Neither party will be held liable for failure to fulfill obligations due to force majeure, defined as any unforeseeable, unavoidable, and external event (e.g., governmental decisions, strikes, natural disasters, wars, cyberattacks, network interruptions, etc.).

In the event of a temporary impediment, the execution of obligations will be suspended, and deadlines will be extended. If the force majeure event persists for more than two (2) months, either party may terminate the contract without penalties. In the case of a permanent impediment, the contract will be automatically terminated.

The affected party must notify the other as soon as possible.

Article 14 – Dispute Resolution

The parties agree to attempt to resolve any disputes related to the contract amicably, in good faith, within a three (3)-month period. The party initiating amicable discussions must inform the other party by registered letter with acknowledgment of receipt (LRAR) or by email, specifying all necessary details. If an agreement is reached, a record of conciliation will be signed; otherwise, a record of non-conciliation will be issued.

If no amicable solution is reached within this time frame, the parties will initiate ad hoc mediation. The party requesting mediation must notify the other by LRAR, proposing a mediator. Mediation will last three (3) months and can be extended by mutual agreement. No legal action can be taken during these efforts, except in cases specified in this contract, where the Publisher reserves the right to take immediate legal action against the User without following these procedures.

If mediation fails, the “Governing Law and Jurisdiction” clause will apply.

Article 15 – Governing Law and Jurisdiction

If amicable and mediated resolutions fail, any local or international disputes arising from this contract—including those relating to its validity, interpretation, execution, breach, termination, or nullity—will fall under the exclusive jurisdiction of the courts located in the Publisher’s registered office.

This contract is governed by French law.

These General Terms and Conditions of Use are available in both French and English. In case of any discrepancies, the French version will prevail.