Terms of Service

General Presentation

These General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs") are intended to define the terms under which the company A&J PROD, a simplified joint stock company (SAS) with a share capital of €5,000, registered with the Trade and Companies Register of Annecy under number 922 192 380, and whose registered office is located at 346 Route des Ecombettes, 74210 Faverges-Seythenex, France (hereinafter referred to as the "Publisher"), provides users with its software applications accessible via the Shopify platform (hereinafter referred to as the "Applications").

The Applications covered by these T&Cs include, in particular:

• FF – Facture Client en France
• EDP – Easy Digital Products
• GoSEO – SEO Products Optimizer
• GoBlog – SEO Blog Post Optimizer
• Pxl – Photo Background Remover

These T&Cs apply to any user (hereinafter referred to as the "Client") who subscribes to the services offered by the Publisher through one or more of the Applications.

Unless otherwise stated, any use of the Applications implies full and unconditional acceptance of these T&Cs, which constitute the sole basis of the commercial relationship between the Publisher and the Client, in accordance with Article L.441-1 of the French Commercial Code.

For the purposes of these T&Cs, the following terms shall have the meanings set out below:

• "Application": software published by the Publisher and installed via Shopify to provide specific functionalities to the Client;
• "Client": any natural or legal person using the Applications for professional or non-professional purposes. Consumers, as defined by applicable law, are excluded;
• "Service": all functionalities, services, and content accessible through the Applications;
• "User": any person authorized by the Client to use the Applications.

1. Purpose

These General Terms and Conditions of Sale (T&Cs) are intended to define the contractual terms applicable to the provision, by the Publisher, of the services offered through its Applications accessible via the Shopify platform.

The Applications are SaaS (Software as a Service) software solutions that allow the Client to access specific functionalities, particularly in the areas of invoicing management, digital product sales, SEO optimization, or image processing, depending on the Application concerned.

These T&Cs govern all relations between the Publisher and the Client regarding the installation, use, support, maintenance, pricing, and, where applicable, termination of the services provided through the Applications.

These T&Cs constitute the contractual framework applicable to the Services. They may be supplemented, where applicable, by specific terms or appendices expressly accepted by the parties, which shall prevail in the event of any contradiction with these T&Cs.

2. Acceptance of the T&Cs

The use of the Applications implies full and unconditional acceptance of these T&Cs. This acceptance is formalized at the time of the Application's installation via Shopify or when subscribing to a plan, through a confirmation click or any other equivalent mechanism.

The Client acknowledges having read these T&Cs prior to any use of the Services. In the absence of such acceptance, the Client will not be able to access the functionalities offered by the Application.

The Publisher reserves the right to modify these T&Cs at any time by notifying the Client within the application.

In the event of disagreement with the modifications, the Client may terminate their subscription under the conditions set out in Article 10 of these T&Cs.

3. Description of Services

The Applications offered by the Publisher provide complementary functionalities designed to optimize or automate certain aspects of store management on the Shopify platform.

Each Application has its own specific features, described in its presentation sheet available on the Shopify App Store or on the Publisher's website.

The main features offered by the Applications include, but are not limited to, the following:

Access to the Services requires an Internet connection and a valid account on the Shopify platform.

The Client is informed that certain functionalities may depend on third-party services, including the Shopify API, and that their availability may be subject to modification beyond the Publisher's control.

The Services are provided "as is", according to the technical constraints and functional evolutions of the Applications.

The Publisher does not guarantee that the Applications will meet the specific needs of the Client, unless expressly agreed otherwise.

4. Pricing and Payment Terms

4.1. Pricing Models

The Services offered through the Applications are billed according to the pricing model described in the corresponding listing on the Shopify App Store or in any other contractual document accepted by the Client.

Depending on the Application, billing may take one of the following forms:

• A monthly subscription, automatically renewed;
• Usage-based billing, depending on the actions performed or the volume processed;
• A freemium model, combining limited free access with paid options.

Prices are expressed in U.S. dollars (USD) and billed via the Shopify platform.

The amount actually charged in euros or in the Client's local currency may vary depending on the exchange rates applied by Shopify or by the Client's banking institution.

The Client is advised to verify the applicable exchange conditions with their payment service provider.

Application Pricing Overview

The following table provides examples of pricing for each Application. Exact pricing may vary and should be confirmed on the Shopify App Store:

Note: All charges are billed in USD. Recurring and usage-based charges are billed every 30 days. Exact pricing and features may vary - please refer to each Application's listing on the Shopify App Store for current information.

4.2. Free Trial Period

Certain Applications may offer a free trial period, the duration of which is specified on the product listing or within the Shopify interface. At the end of this period, the Client will be automatically billed according to the selected plan, unless the Application is uninstalled before the end of the trial period.

4.3. Payment Terms

Payments are made through the Shopify platform, according to the terms and conditions set by Shopify. The Publisher does not collect or store the Client's banking information directly.

4.4. Renewal and Termination

Unless otherwise stated, subscriptions are automatically renewed at the end of each billing period.

The Client may terminate their subscription at any time by uninstalling the Application or via their Shopify interface, with effect at the end of the current billing period.

Any fees already paid are non-refundable, except in cases of proven malfunction attributable to the Publisher.

4.5. Price Changes

The Publisher reserves the right to modify pricing at any time. The Client will be notified of any price increase at least 15 days before it takes effect. In case of disagreement, the Client may terminate their subscription under the conditions set out in Article 10.

Additionally, the prices mentioned in the above table may vary without prior notice depending on temporary promotions, discounts, or special offers in effect at the time of subscription.

4.6. Late Payment Penalties

In the event of total or partial non-payment by the agreed due date, late payment penalties shall automatically apply, without the need for a prior reminder, at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, in accordance with Article L.441-10 of the French Commercial Code.

A fixed recovery fee of €40 shall also be payable by the Client in case of delayed payment, without prejudice to additional recovery costs incurred by the Publisher.

4.7. Refund Policy

In the event of a verified technical malfunction that significantly affects the use of an Application and cannot be resolved through support within a reasonable time, a refund may be granted at the Publisher's sole discretion, limited to one month of billing.

No automatic or prorated refund shall be issued, except in cases of proven fault or express contractual agreement by the Publisher.

5. Conditions of Use of the Applications

5.1. Access to the Applications

Access to the Applications is subject to their installation via the Shopify platform and the possession of a valid Shopify account. The Client is responsible for the security of their login credentials and for the use made of the Applications through their account.

5.2. General Obligations of the Client

The Client agrees to:

1. Use the Applications in compliance with applicable laws and regulations as well as these T&Cs;
2. Not interfere with the proper functioning of the Applications or attempt to access them through unauthorized means;
3. Maintain accurate and up-to-date account information;
4. Comply with Shopify's terms and conditions.

5.3. Prohibited Conduct

The Client is strictly prohibited from:

1. Using the Applications for illegal, fraudulent, or activities contrary to public order;
2. Engaging in reverse engineering, decompilation, reproduction, or unauthorized extraction of software components or databases;
3. Distributing viruses, Trojan horses, or any other malicious code through the Applications;
4. Infringing, in any way whatsoever, the intellectual property rights of the Publisher or third parties;
5. Intentionally overloading the Applications by importing or exporting data irrelevant to the normal use of the Services;
6. Contacting support abusively or making requests beyond the scope of the contracted services;
7. Demanding functional changes outside the scope of the chosen subscription plan;
8. Displaying disrespectful or unprofessional behavior in communications with the Publisher's representatives;
9. Attempting to obtain information relating to other users or Shopify stores using the Applications.

This list is not exhaustive.

5.4. Suspension or Termination of Access

In the event of non-compliance with these T&Cs or misuse of the Applications, the Publisher reserves the right to suspend or deactivate the Client's access to the Services, without prejudice to any damages that may be claimed.

6. Technical Support and Service Level Agreement (SLA)

6.1. Standard Assistance

The Client may benefit from technical support related to the use of the Applications. This support is available via a support chat, during the following hours: Monday to Friday, 9 a.m. to 6 p.m. (Paris time).

6.2. Response and Resolution Times

Request processing times vary depending on their level of criticality. The Publisher undertakes to acknowledge receipt of any request within a reasonable time and to respond according to the priorities defined below.

For all Applications, four levels of priority are defined:

• Critical (P1): Complete blocking of the main functionality (e.g., invoice generation, file delivery, or essential SEO feature).
  • Response time: within 4 working hours
  • Estimated resolution time: within 8 working hours
• Major (P2): Issue affecting a key field or essential process (e.g., tax calculation, product data, billing fields, or license key generation).
  • Response time: within 8 working hours
  • Estimated resolution time: within 2 working days
• Minor (P3): Non-blocking or visual issues that do not prevent use of the Application.
  • Response time: within 1 working day
  • Estimated resolution time: within 5 working days
• Support (P4): Functional questions, improvement requests, or general suggestions.
  • Response time: within 2 working days
  • Resolution time: according to the development roadmap.

6.3. Priority Levels

The levels of intervention (e.g., blocking incident, partial malfunction, usage question) and the associated response times are detailed above.

These priority levels define the conditions of eligibility for support, exclusions (e.g., unsupported third-party environments), and any applicable limitations.

6.4. Support Limitations

Support does not cover:

• Incidents resulting from improper use of the Application or from a non-compliant environment;
• Requests for customization, training, or specific integrations, unless a dedicated offer is provided;
• Malfunctions caused by unauthorized modifications to the Application's code.

---

7. Intellectual Property

7.1. Ownership of Rights

The Applications, as well as all the elements that compose them (source code, interfaces, databases, documentation, logos, trademarks, editorial content, etc.), are the exclusive property of the Publisher or its possible licensors and are protected under French and international intellectual property laws.

7.2. License of Use

The Publisher grants the Client a personal, non-exclusive, non-transferable, and revocable license to use the Applications for the duration of the subscription, solely under the conditions defined in these T&Cs and exclusively for internal business purposes.

This license does not grant any intellectual property rights to the Client, who is expressly prohibited from:

• Reproducing, modifying, adapting, or translating all or part of the Applications;
• Performing reverse engineering, decompilation, or database extraction;
• Selling, renting, distributing, or making the Applications available to third parties in any form whatsoever.

7.3. Content Generated or Imported by the Client

The Client retains ownership of the rights to the content, data, or documents that they import, host, or generate via the Applications. The Client guarantees to the Publisher that they hold all necessary rights to such content and that no third-party rights are violated.

The Client grants the Publisher a non-exclusive right to use such content solely for the purpose of providing the Services, for the duration of the contractual relationship.

The Client remains solely responsible for the content they import, generate, or make available through the Applications. The Publisher exercises no control over such content, except in cases of legal obligation or notification of unlawful material. The Client agrees not to use the Applications to store or distribute illegal, infringing, or otherwise unlawful content.

7.4. Violation of the Publisher's Rights

Any unauthorized use of the Applications or any of their components constitutes an act of infringement that may give rise to civil and criminal liability for the Client. The Publisher reserves the right to take any necessary legal action to protect its rights.

8. Personal Data Protection

In accordance with the applicable provisions, and in particular Law No. 78-17 of January 6, 1978, relating to information technology, files and civil liberties, and Regulation (EU) No. 2016/679 (General Data Protection Regulation – GDPR), the Publisher may collect personal data from the Client or their own customers (end buyers), especially through Shopify interfaces.

The data collected may include identification, contact, and billing information, as well as transactional or browsing data related to the use of the Applications.

The Publisher acts as:

• Data Controller for data related to the management of its commercial relationship with the Client (subscription, billing, support, etc.);
• Data Processor within the meaning of Article 28 of the GDPR for processing carried out on behalf of the Client via the functionalities of the Applications (e.g., data of the Client's Shopify store customers).

It is the Client's responsibility to ensure compliance with their own obligations as a data controller toward the individuals concerned.

The processing performed by the Publisher is based on the following legal grounds:

• Performance of the contract for the functionalities of the Applications;
• Compliance with legal obligations (e.g., invoice retention);
• The Publisher's legitimate interest (e.g., service improvement, fraud prevention).

Data is retained for only as long as strictly necessary for the purposes pursued, except where legal obligations or specific retention periods set by Shopify apply.

In accordance with applicable regulations, any individual has the right to access, rectify, erase, object to, restrict, or transfer their personal data. These rights may be exercised by contacting the Publisher at the following address: me [at] axelhardy.com.

In cases of reasonable doubt about the requester's identity, proof of identity may be required.

The Publisher undertakes to implement all appropriate technical and organizational measures to ensure the security and confidentiality of the personal data processed, in accordance with Article 32 of the GDPR.

When the Publisher uses third-party service providers involved in data processing, these providers are subject to the same confidentiality and security obligations. In cases of data transfer outside the European Union, the Publisher undertakes to ensure adequate protection through appropriate safeguards (standard contractual clauses, adequacy decisions, etc.).

The Publisher notably uses the following service providers for data processing:

• Klaviyo (www.klaviyo.com): sending of emails related to the Application;
• Mixpanel (www.mixpanel.com): analysis of Application usage and tracking of user interactions;
• Laravel Nightwatch: application monitoring and error tracking;
• Sentry: error monitoring and performance tracking;
• Crisp: customer support chat and communication;
• Postmark: transactional email delivery;
• Sendgrid: email delivery services;
• Google Analytics: website and application analytics.

These service providers are subject to the same confidentiality and security obligations as the Publisher.

9. Liability

The Publisher undertakes to use all reasonable means to ensure the accessibility, proper functioning, and security of the Applications. However, the Publisher is bound only by an obligation of means, not of result, regarding the Services provided.

The Client expressly acknowledges that the Services are provided "as is" and according to their technical availability. No guarantee of results, performance, or suitability for the Client's specific needs is provided by the Publisher. The use of the Applications involves inherent technical risks associated with online software, which the Client accepts under their sole responsibility.

The Publisher's liability shall not be incurred in the following cases:

• In the event of misuse or improper use of an Application by the Client;
• In the event of temporary unavailability due to maintenance operations or external incidents (hosting provider, Shopify, third-party API);
• For malfunctions attributable to third-party services or to the Client's technical environment (outdated browser, extensions, unstable connection, etc.);
• For the deletion of data following uninstallation or deletion of the Client's account;
• For any indirect damage, such as loss of revenue, data, reputation, or clientele;
• For data breaches or unauthorized access resulting from factors outside the Publisher's control (including, but not limited to, security incidents on Shopify, client-side systems, or third-party integrations).

Subject to applicable mandatory legal provisions, the Publisher's total liability, regardless of cause, is limited to the total amount actually paid by the Client during the twelve (12) months preceding the event giving rise to the claim, for the subscription to the Application concerned.

The Client remains solely responsible for the use they make of the Applications and for any data they import, enter, or process. The Client shall hold the Publisher harmless from any claim or legal action by third parties resulting from unlawful, fraudulent, or non-compliant use of the Applications in violation of these Terms.

The Client agrees to defend, indemnify, and hold harmless the Publisher, its officers, employees, subcontractors, and partners against any claim, action, or judgment that may be brought against them as a result of the Client's breach of these Terms, applicable laws, or any wrongful or unlawful use of the Applications.

The Client acknowledges that the Applications act as technical assistance tools designed to support certain business or operational processes (such as document generation, SEO optimization, digital product delivery, or image processing), and not as certified, regulated, or advisory services. It is therefore the Client's sole responsibility to verify the accuracy, compliance, and completeness of the data or documents produced through the Applications before using or distributing them. The Publisher cannot be held liable for any calculation errors, omissions, inaccuracies, or non-compliance resulting from the use of the Applications, which remain the exclusive responsibility of the Client.

Specific provision for EDP – Easy Digital Products

Regarding the EDP Application, the Publisher acts solely as a technical intermediary for the automated delivery of digital products and license keys through Shopify. The Publisher cannot be held responsible for any failure, delay, or error in the delivery of keys or downloads (including incorrect or duplicated keys, failed downloads, or non-delivery), nor for the consequences of such events. The Client is solely responsible for verifying the accuracy and configuration of their products, keys, and customer communications.

In the event of a data breach, unauthorized access, or loss of digital content, the Publisher undertakes to take all reasonable technical and organizational measures to contain and mitigate the incident in compliance with applicable regulations. However, the Publisher's liability remains strictly limited to direct damages proven to result from its own fault and, in any case, to the amount paid by the Client in the twelve (12) months preceding the incident.

10. Termination

10.1. Termination by the Client

The Client may terminate their subscription to an Application at any time by uninstalling it through their Shopify interface. Termination will take effect at the end of the current billing period. No refund may be requested for the ongoing period, except in the event of an express contrary provision or a proven malfunction attributable to the Publisher.

10.2. Termination by the Publisher

The Publisher reserves the right to suspend or terminate the Client's access to one or more Applications, without notice or compensation, in the event of:

• Serious or repeated breach of these Terms and Conditions (CGV);
• Unlawful, fraudulent activity or any action infringing on the rights of the Publisher or third parties;
• Non-payment not resolved within 15 days following a reminder;
• Cessation of business activity (including safeguard, reorganization, or liquidation proceedings) or removal of the Application from the Shopify App Store.

10.3. Consequences of Termination

Termination results in the deletion of access to the relevant Application and its functionalities.

It is the Client's responsibility, prior to termination, to export or back up any data or documents processed through the Application.

10.4. Survival of Certain Clauses

Clauses relating to intellectual property, liability, data protection, and post-contractual obligations shall continue to have effect after the end of the contract, regardless of the reason for termination.

---

11. Force Majeure

In accordance with Article 1218 of the French Civil Code, "Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of contract formation and whose effects cannot be avoided by appropriate measures, prevents the performance of their obligation by the debtor."

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the Civil Code.

Neither Party shall be held liable for failure or delay in performance under these Terms and Conditions due to a case of force majeure.

Force majeure refers to any event that the Parties could not reasonably foresee or control at the time of signing these Terms, and which is therefore unavoidable, unforeseeable, and irresistible.

If a case of force majeure occurs, the Party affected by the event must immediately notify the other Party, within five (5) days from the occurrence of the event, providing full details. The performance of obligations will then be suspended for the duration of the event. Once the force majeure event ceases, the affected Party must inform the other and promptly resume performance.

If the case of force majeure continues for more than fifteen (15) business days from its occurrence, either Party may choose to terminate the contract by notifying the other Party, without compensation or penalty.

12. Insurance

The Publisher holds a valid insurance policy covering the financial consequences of its professional, contractual, and tort liability that may arise from the performance of these Terms.

The Publisher undertakes to maintain this insurance for the entire period during which the Applications are made available and to provide a certificate of insurance upon the Client's simple request.

---

13. Non-Transferability of the Terms and Conditions

Unless otherwise agreed in writing between the Parties, the benefit of these Terms and Conditions may not be assigned or transferred by either Party to a third party.

---

14. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Parties and supersede any prior agreement or understanding having the same subject matter.

The fact that either Party does not exercise or enforce any provision of these Terms at any given time shall not be construed as a waiver of its right to enforce that provision in the future.

---

15. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions.

In such a case, the Parties agree to replace the invalid or unenforceable provision with a new provision that reflects, as closely as possible, the original intent of the Parties while maintaining the economic balance of these Terms.

The same principles shall apply in the event of incomplete provisions.

---

16. Evidence Agreement

The Parties acknowledge the evidential value of electronic communications, including exchanges made through the Shopify interface, emails, and technical logs. The Publisher's electronic records shall be considered admissible evidence in the event of a dispute.

---

17. Governing Law, Mediation, and Jurisdiction

The validity, performance, or non-performance, and interpretation of these Terms and Conditions shall be governed by French law.

These Terms are written in English. A copy of the French Terms and Conditions is available upon request.

Before initiating any legal proceedings, the Parties shall make every effort to resolve any dispute amicably.

In the absence of an amicable agreement, any dispute shall be submitted to the competent courts within the jurisdiction of the Court of Appeal of Chambéry, even in the case of third-party proceedings or multiple defendants, in accordance with applicable law.