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GTCUS

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 and Sale (referred to as “GTCUS”) set forth the legal framework for the provision of products on the website and the terms of use of the Internet site https://shop.crealoz.fr/ (hereinafter referred to as “the Website”).

The Website is operated by the single-member simplified joint-stock company Crealoz, headquartered at 13, rue de la Piniatelle – 15300 Murat, with a company registration number (SIREN) 901826602. It is recognized for its expertise in computer programming (hereinafter “the Company”).

The products sold on the Website are intended exclusively for a professional clientele.

By browsing the Website, the user acknowledges having read and unreservedly accepted the provisions concerning the conditions of use of the Website (Article 1), intellectual property (Article 16), and personal data (Article 17) as set forth herein.

Placing an order for a product implies the express acceptance by the customer of these General Terms and Conditions of Use and Sale. This acceptance is evidenced by checking a box during the ordering process, which states, “I have read and accept the GTCUS.”

The applicable general terms and conditions of use and sale are those in effect at the time of their acceptance.

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

The preamble is an integral part of these GTCUS.

Article 1 – Use of the Website

Access to the Website is open to any user with Internet access. The Company makes every effort to ensure continuous access to the Website but reserves the right to temporarily suspend access for maintenance, updates, or in the event of force majeure. The Company cannot be held responsible for access interruptions or failures of external services such as hosting or Internet service providers.

All costs incurred by the user to access the Website (computer equipment, software, Internet connection, etc.) are borne by the user.

By accessing and using the Website, the user agrees to use it for its intended purpose and to behave in a fair, appropriate, and lawful manner in compliance with applicable laws and regulations. Any fraudulent, abusive, or unlawful use is strictly prohibited and may result in suspension of access to the Website or immediate legal action.

The information provided on the Website is for general and informational purposes only and is not contractually binding. Despite regular updates, the Website cannot be held responsible for changes in administrative or legal provisions that occur after publication. Similarly, the Company cannot be held responsible for the use and interpretation of the information contained on the Website.

To place an order, the user must create an account on the Website, respecting the intended use and defined conditions. The user agrees to maintain the confidentiality of their login credentials and not to disclose their account information to third parties. The user is fully responsible for any activity carried out through their personal account.

The user may subscribe to the Company’s newsletter, which provides information for informational purposes only. Such information cannot be interpreted as a contractual obligation or a proposal for agreement. The user agrees to use the newsletter in accordance with its intended purpose and in compliance with the Website’s terms of use. The Company reserves the right to modify, suspend, or cancel the newsletter at any time without prior notice.

Article 2 – Purpose and Scope of Application

These General Terms and Conditions govern the contractual relationship between the Company and the client (hereinafter referred to as “the Client”) and are an integral part of the contract concluded between the parties, together with the other contractual documents.

These GTCUS define the terms under which the Company offers:

  • A one-year license to use the “EasyAudit Premium” module.
  • Credits for the use of the “EasyAudit Fixer” service, which is provided under a one-year usage license.
  • (Additional products can be added here following the same model).

The usage licenses for the EasyAudit Premium module and the EasyAudit Fixer service are detailed in their respective General Terms of Use, accessible at https://shop.crealoz.fr/gtu-easyaudit-premium-module/ and https://shop.crealoz.fr/gtcu-easyaudit-fixer/

The modules are not compatible with all versions of Magento 2. They are designed to work with version 8 or higher of the PHP programming language. A solution compatible with version 8 may be provided if necessary. The Client must therefore verify the compatibility of their environment before ordering a product.

A free module named EasyAudit Free allows basic checks to be performed. This module, which is not sold on the site, is made available under an MIT license via GitHub or Packagist. It can be easily found and downloaded directly from these platforms. The use of the EasyAudit Premium module requires downloading EasyAudit Free first, and acquiring EasyAudit Premium is necessary to access the EasyAudit Fixer service.

The choice and purchase of a product are the sole responsibility of the Client.

Orders for other products or services provided by the Company, such as license renewals, long-term collaboration, or extended maintenance and technical support services, must be specified in a quote signed by the Client and in the specific terms agreed upon by the parties.

These General Terms and Conditions of Use and Sale apply to an international clientele, and even outside of France, sales and licenses are governed by these GTCUS, which are also available in English.

This agreement is concluded for an initial duration of one (1) year from the date of signature. Certain provisions of the agreement, particularly those relating to intellectual property, confidentiality, liability, and data protection, will remain applicable beyond the initial term of the agreement as specified, even in the event of non-renewal.

The Client declares having read and accepted these Conditions by checking the appropriate box during the ordering process.

Article 3 – Description of the Products

3.1 EasyAudit Premium

EasyAudit Premium enables the automated auditing of source code and configurations.

When ordering an EasyAudit Premium usage license, the user is provided with one hundred (100) credits for free, which can be used with the EasyAudit Fixer service.

The terms of granting the usage license are defined in the General Terms of Use of the module, available on the Website at the following address: https://shop.crealoz.fr/gtu-easyaudit-premium-module/

3.2 EasyAudit Fixer

EasyAudit Fixer is an automatic source code correction service based on a credit system. Credits are consumption units allowing access to the EasyAudit Fixer service and are offered as digital products.

Credits can therefore be purchased independently of the EasyAudit Premium module and are not transferable.

Credits provided at the time of the EasyAudit Premium purchase are solely intended for the first use of the EasyAudit Fixer service and cannot be refunded, exchanged, or converted into monetary value.

Credits are reserved by the Company when the Client requests a correction. Once the correction is generated, credits are consumed based on the type of correction and file corrected. If no correction can be generated, the reserved credits are not consumed.

Credits for EasyAudit Fixer come with a one (1) year usage license. This license allows access to the service for the indicated period within the purchased credits. Additionally, credits not used during the validity period of the usage license will be permanently lost.

The terms of granting the usage license are defined in the General Terms of Use of the service, available on the Website at the following address: https://shop.crealoz.fr/gtcu-easyaudit-fixer/

If the Client wishes to use the service long-term or renew their usage license, they must contact the Company to negotiate the renewal terms and pricing.

Article 4 – Pricing and Payment Terms

The prices of products and services are those displayed on the site at the time of ordering. They are listed in euros, excluding taxes (HT) and all taxes included (TTC), unless otherwise specified.

Payment is required at the time of ordering and is made on the Website in euros through the following methods:

  • PayPal;
  • Credit/debit card via the secure payment platform “Woopayments.”

Pricing for other products or services provided by the Company, such as license renewals, long-term collaboration, or extended maintenance and technical support services, must be specified in a quote signed by the Client, along with the specific terms agreed upon by the parties.

Once payment is confirmed, an invoice will be sent to the Client by email.

In case of late payment by a professional Client, late payment interest and collection fees will apply as follows:

The professional Client may settle the unpaid amount within thirty (30) days from receipt of the unpaid invoice. Failure to do so will result in late payment interest equal to three (3) times the legal interest rate, without prior notice, as well as a forty (40) euro collection fee, in addition to any additional bank and administrative charges. These fees may change based on regulatory updates.

In case of payment refusal by the Client’s banking institution, the Company declines any responsibility for additional fees applied by the Client’s bank during the transaction.

Article 5 – Delivery and Activation

The EasyAudit Premium module is delivered in the form of a download after the order is confirmed by the Company.

The credits for the EasyAudit Fixer service serve as consumption units that enable access to the Company’s automated code correction service.

Once the order is confirmed, the credits are automatically credited to the user’s account and become immediately available for use.

These credits are tied to the client’s account and cannot be transferred or exchanged.

The use of the modules and services is contingent upon the Client’s express acceptance of the specific General Terms of Use for each product.

Article 6 – Retrieval of EasyAudit Fixer Corrections

After using the EasyAudit Fixer service, corrections can be retrieved via the Magento admin panel of the Client’s installation. When a correction is available, the Client has a five (5) calendar-day window to download it from their Magento interface. Downloading the correction is contingent upon the Client having sufficient credits available on their account. After this timeframe, if the Client has not retrieved the correction, it will be permanently lost and will not be eligible for a refund or exchange. Any new correction request will require additional credits.

Article 7 – Technical Support and Updates

Usage licenses include one (1) year of updates and technical support.

After this one-year period, the Client will still have access to the module but will no longer benefit from the usage license, technical support, or updates.

Extended support is available through a separate quote or maintenance contract.

The Company reserves the right to suspend technical support and updates for any Client who fails to adhere to the provisions of the General Terms of Use for the modules and services or the present General Terms and Conditions.

The Company offers an installation and commissioning service for the EasyAudit module. This service will be subject to a separate quote based on the Client’s requirements.

Article 8 – Newsletter

The Company offers a newsletter designed to keep subscribers informed of the latest news, updates, special offers, and other relevant information related to its products and services. Subscription to this newsletter is optional and subject to the Client’s prior consent, which can be given directly through Brevo, a subcontractor of the Company responsible for managing mailings and subscriptions.

The Client can subscribe to the newsletter by providing their email address. This consent may be withdrawn at any time by clicking the unsubscribe link included in each email received or by contacting the Company using the contact details provided herein.

The Company undertakes not to use subscribers’ email addresses for purposes other than sending the newsletter, in compliance with applicable data protection regulations. Data collected for newsletter subscriptions will be processed in accordance with the Company’s privacy policy, available on the website.

The Company reserves the right to modify, suspend, or terminate the newsletter subscription at any time without prior notice.

Article 9 – Right of Withdrawal

Clients are considered professionals and therefore do not benefit from the statutory right of withdrawal available to consumers. However, the Company grants a right of withdrawal subject to its own discretion and the following conditions:

  • The withdrawal request must be based on a valid reason provided by the Client;
  • No EasyAudit Fixer credits have been consumed by the Client.

The Client who wishes to exercise their right of withdrawal must submit their request in writing within fourteen (14) days from the date of the order, providing a legitimate reason. Acceptance of the withdrawal remains at the discretion of the Company, which reserves the right to approve or deny it based on the circumstances. The Company will inform the Client of its decision as soon as possible.

Article 10 – Obligations of the Parties

10.1 – Obligations of the Company

The Company commits to employing all necessary means to provide the modules and services under the conditions described on the Website. However, the Company is bound only by a duty of care, which consists of delivering products that conform to the defined technical specifications, without guaranteeing a specific result.

The Company agrees to inform the Client promptly in the event of prolonged service interruptions.

10.2 – Obligations of the Client

The Client acknowledges and agrees that:

  • It is their responsibility to ensure that the modules and services provided by the Company are compatible with their technical environment (Magento version, PHP version, server configuration, third-party extensions, etc.);
  • Before any production use, the Client must test the modules and fixes generated by EasyAudit Fixer in a proper test environment. Fixes should be applied and validated one at a time—i.e., a fix must be applied and validated before proceeding with generating and applying another fix.
  • In case of support or assistance requests, the Client agrees to provide accurate and complete information about the issue and to cooperate with the Company to facilitate problem identification and resolution.
  • The Client must pay the Company all sums specified in the contractual terms agreed upon by the parties and within the agreed payment deadlines.
  • The Client agrees to comply with the provisions of these General Conditions, particularly those relating to intellectual property, confidentiality, and non-competition.
  • The Client undertakes to use the modules and services provided by the Company in accordance with their respective General Terms of Use, applicable laws and regulations, and the present General Conditions.

The Company reserves the right to suspend technical support and updates for any Client who fails to comply with the provisions of the General Terms of Use for the modules and services or these General Terms and Conditions.

If the Client fails to meet these obligations, the Company reserves the right to take immediate legal action, without being required to engage in any conciliation procedure, as described in Article 20 of these GTCUS.

Article 11 – Liability

The Company is obligated to make every reasonable effort to provide the modules and services, but it does not guarantee a specific result or that the software will meet the Client’s particular needs. The Company’s responsibility cannot be engaged in the absence of a proven fault, nor can it guarantee a positive outcome or perfect compatibility with all versions of Magento 2 or the Client’s specific configuration.

In all circumstances, the Company’s liability is strictly limited to direct damages. Indirect, consequential, or non-material damages—including, but not limited to, lost revenue, data loss, business interruption, or loss of profits—are expressly excluded. If the Company’s liability were to be established, it would be limited to the amount actually paid by the Client for the modules and services over the twelve (12) months preceding the incident.

Furthermore, the Company is not responsible for damages resulting from the Client’s own actions, such as improper use of the modules and services, use not in accordance with the documentation or these GTCUS, or intervention on the software by unauthorized third parties.

The Company reserves the right to suspend or restrict access to the modules and services if the Client fails to comply with the provisions of these GTCUS, without prejudice to any legal action that may be taken against the Client.

The Company is also not liable for temporary service interruptions, errors, or unavailability of the Website or modules, whether due to maintenance, updates, or technical issues beyond the Company’s control. The Client is responsible for validating compatibility and proper functionality before making a purchase.

The Company’s liability cannot be engaged in cases of force majeure or unforeseen and uncontrollable events.

The Client bears full responsibility for their use of the modules and services and agrees to comply with all contractual obligations. The Client is also responsible for verifying the impact of any fixes generated by EasyAudit Fixer on their website.

Article 12 – Confidentiality

Both parties are bound by a duty of confidentiality regarding all aspects of the contract, including non-public documents, systems, software, and know-how. Any doubts about the confidential nature of information must be clarified with the other party. Confidential information may only be used for executing the contract. In the event of loss of confidential materials, the other party must be promptly notified. The confidentiality obligation remains in effect for the duration of the contract and two (2) years thereafter. Disclosure is permissible only when information is publicly available, already legally held, or required by law or court order, provided the other party is promptly informed.

Article 13 – Non-Competition

For the duration of the contract and for two (2) years after its termination, the Client agrees not to engage in activities that compete directly or indirectly with the Company’s business. This non-competition obligation applies worldwide and covers any activities that may directly compete with the Company’s products or services.

This clause is intended to protect the Company’s commercial interests and confidential information. Breaching this obligation may lead to legal action and the payment of damages.

Article 14 – Waiver and Invalidity

The fact that a party does not enforce a provision of this contract or tolerates its breach does not mean that the provision is waived or that the party cannot enforce it later. Any invalidity affecting a provision or part of the contract does not invalidate the remaining provisions, which remain fully enforceable. If a clause is deemed invalid, the parties will work together to draft a new provision that reflects the original intent.

Article 15 – Force Majeure

Neither party is liable for failure to fulfill obligations due to force majeure events, which include unforeseeable, unavoidable, and external circumstances such as government decisions, strikes, natural disasters, wars, network or power outages, or cyberattacks. In case of temporary force majeure, obligations are suspended and deadlines extended. If force majeure persists for more than two (2) months, either party may terminate the contract without penalty. In case of permanent force majeure, the contract is automatically terminated. The affected party must notify the other party as soon as possible.

Article 16 – Intellectual Property

All elements of the Website—including texts, graphics, logos, images, videos, databases, structure, and content—are protected by intellectual property law. Any reproduction, modification, or distribution without prior written consent is prohibited.
The modules and services sold by the Company, including EasyAudit Premium and EasyAudit Fixer, are also protected by intellectual property rights. The Client is granted a non-exclusive, non-transferable license to use the products for one (1) year. This license does not permit:

  • Reproduction or modification of any part of the product.
  • Redistribution, leasing, or making the product available to third parties.
  • Reverse engineering or access to source code, except as allowed by law.

EasyAudit Free, while distributed under the MIT license, still retains intellectual property rights. Its use must comply with the terms of the MIT license, including attribution requirements.

Article 17 – Personal Data

The Company, as the data controller, is committed to complying with the General Data Protection Regulation (GDPR) (EU) 2016/679. Personal data collected includes:

  • First and last names
  • Company name and legal form
  • Email address
  • Phone number
  • Postal address
  • VAT number (if applicable)

These data are processed to manage orders, customer relationships, accounting, complaints, and requests for access, rectification, opposition, and deletion. They are kept for the duration of the contractual relationship plus two (2) years, with some data retained longer for legal and accounting purposes.

Data processed through the use of EasyAudit Premium remains on the client’s Magento instance. For EasyAudit Fixer, data is collected solely for processing and deleted within five (5) days after the corrections are made available.

The Company may use subcontractors, such as Mistral AI and Brevo, for specific tasks. Subcontractors are bound to the same confidentiality and security standards as the Company.

The Client has rights under the GDPR, including:

  • Access, rectification, and deletion of data
  • Limitation of processing
  • Data portability
  • Objection to processing

Clients can exercise these rights by contacting the Company by email or postal mail, providing proof of identity.

Article 18 – Cookies

The Website uses functional, tracking, and analytical cookies. Functional cookies are necessary for the Website’s operation and do not require user consent. Tracking and analytical cookies, used to personalize advertising and improve service quality, require user consent. Users can manage their preferences through the cookie management tool.

Article 19 – Subcontracting

The Company may subcontract certain services, ensuring that subcontractors adhere to the confidentiality and security requirements outlined in this contract.

Article 20 – Dispute Resolution

Parties agree to first attempt amicable resolution of any disputes. If no agreement is reached within three (3) months, mediation will be sought. Mediation can be extended by mutual consent, and no legal action can be taken during mediation unless otherwise specified in this contract.

Article 21 – Governing Law and Jurisdiction

If amicable or mediated resolution fails, disputes are subject to the exclusive jurisdiction of the courts where the Company is headquartered. French law governs this contract. In the event of a conflict between the French and English versions, the French version prevails.