Updated : June 2021
The purpose of these General Terms and Conditions of Service is to define the conditions under which the Supplier makes the Services available to a Client, which shall enable the latter to do as follows:
- Manage the product purchases and digital subscriptions, made via its Applications;
- Analyze the sales figures for its products and digital subscriptions made via its Applications;
- Optimize its product sales and digital subscriptions via its Applications through marketing tools integrated to the Services, intended to increase the revenue generated.
The subscription to the services proposed by the Supplier implies the Client’s acceptance without any restriction or reserves to these General Terms and Conditions, with the latter being invited to accept such terms, upon the creation of an Account and upon the subscription to one or several Service(s).
These General Terms and Conditions may be subject to modifications at any time, with the General Terms and Conditions applicable being those effective on the Purchasely Website on the date of the Client’s use of the Services.
The modifications to the General Terms and Conditions, including in the event of an evolution of the price list, shall be notified beforehand by Purchasely within a reasonable period and shall be effective on a specified date, to all the Clients.
If the Client refuses such modifications, he shall be entitled to terminate the Agreement at any time, by sending an email to the following address, firstname.lastname@example.org, it being specified that any month started shall be invoiced in full and during a reasonable period between the notification made by Purchasely and the effective date of the modified General Terms and Conditions. After such date, the modifications provided to the General Terms and Conditions applicable shall be considered to have been accepted by the Client.
Nevertheless, the modifications of the General Terms and Conditions resulting from a statutory or regulatory compliance may occur immediately and without any notification, if required by the relevant regulation or its application.
Article 1 - DEFINITIONS
The terms beginning in the upper case in the Agreement (including the preliminary remarks herein), whether they are used in the singular or the plural, shall have the following meaning.
- Agreement for Purchasely Data Processing shall mean the document, with the purpose of defining the conditions and modus operandi of the Personal Data processing operations made in the context hereof, modifiable at any time
- Subscriber shall mean a User with an active digital subscription or having made a purchase upon use of a digital product during the accounting period (during the past month) via a Client Application based.
- Application shall mean any application edited by a Client, accessible from any terminal on which the Services are accessible (the list being specified on the Purchasely Website), and enabling a Subscriber to purchase products and/or services:
- Order shall mean the summary statement sent by the Supplier to the Client by email following the Client’s subscription for the Services from the Purchasely Website;
- Associate shall mean the person placed under the Client’s responsibility (subordinate, employee, representative, etc.) and benefiting from an access to the application Services on his computer by virtue of the user license contracted by the Client;
- Client shall mean any individual or legal entity subscribing to the Services for exclusively professional purposes and such as designated in the Order;
- General Terms and Conditions shall mean this contractual document;
- Agreement shall mean these General Terms and Conditions, the Purchasely PGSSI and the Purchasely Data Processing Agreement;
- Data shall mean the information, publications and, generally, the data from the Client’s database, including the Personal Data, the use of which is subject hereof, and the purchases or subscriptions subscribed by the Users;
- Personal Data shall mean personal data within the meaning of the Personal Data Regulations;
- Supplier shall mean PURCHASELY, a simplified joint-stock company, with a share capital of 50,056.00 €, with its registered office located at 59 Promenade du verger, 92130 Issy-les-Moulineaux, registered with the Nanterre Registry of Trade and Companies under the number 890 405 921, represented by Mr. Nicolas Tissier, acting and with the necessary authorization as CEO;
- Identifiers shall mean both the Associate’s individual identifier (“login”) and the connection password (“password”), communicated after the registration on the application based Services;
- Internet shall mean all the interconnected networks, which are located across all the regions globally;
- Partner shall mean the Client and/or Supplier’s external companies proposing technical solutions on which the Services are based in order to function;
- Partie(s) shall mean, individually or collectively, the Supplier and/or the Client;
- Purchasely PGSSI shall mean the documentation, defines the organizational and technical security rules setup by the Supplier. This documentation may be modified at any time (without substantively calling into question the level of security), without notice, by the Supplier depending, in particular, on the Service developments. The duly modified documentation shall automatically apply upon notification sent by the Supplier to the Client. This documentation is at the Client’s disposal upon his request by email;
- Purchasely processing register shall mean the documentation established by the Supplier and validated by the Client, which defines the methods for the realization of the Personal Data processing carried out by the Supplier on the Client’s behalf. This documentation, attached to the Purchasely Data Processing Agreement, focuses on the sole and unique instructions documented by the Client within the meaning of Article 28 of the GDPR and modifiable at any time upon approval by both Parties, according, in particular to the Service developments and Client requests, as the case maybe, upon a prior estimate proposed by the Supplier and validated by the Client. Accordingly, the documentation modified shall automatically apply upon notification sent by the Supplier to the Client. This documentation shall be made available to the Client upon the latter’s request by email;
- Personal Data Regulations shall mean the Law no. 78-17 dated January 6, 1978 relating to I.T., files and liberties (Data Protection Act) and the General Data Protection Regulations (called “GDPR”) dated April 27, 2016 published in the Official Journal of the European Union on May 4, 2016 relating to the protection of individuals with regard to personal data processing and the free movement of this data, and any regulations which shall apply for personal data protection, in particular the EC Directive 2002/58 by the European Parliament and Council dated July 12, 2002 concerning the processing of personal data and privacy protection in the electronic communications sector (referred to as the “Privacy and electronic communications directive” or “E-privacy directive”) and any new regulation which shall replace such Directive.
- (Application) Service(s) shall mean the service(s) subscribed by the Client from the Purchasely Website such as mentioned in the Order form, defined on the Purchasely Website and enabling the use of the Services by the Client;
- Purchasely Website shall mean the Website enabling the subscription to Services and accessible, in particular, via the url address www.purchasely.com
- User shall mean a person who uses a Client Application.
Article 2 - PURPOSE
The purpose of the Agreement is to define the terms and conditions applicable to the Application based Services subscribed by the Client from the Purchasely Website.
The Supplier grants to the Client, who accepts:
- a right of access to the Supplier’s servers in the conditions defined hereafter;
- a final right of use of the Services;
- a set of services defined hereafter, in particular data hosting, application based Services maintenance, technical assistance.
Article 3 - CONTRACTUAL DOCUMENTS
The Agreement is exclusively comprised of the following contractual documents:
- The Order;
- These General Terms and Conditions;
- The Agreement for the Purchasely Data Processing and its appendix comprised of the Purchasely Processing Register;
In the event of a contradiction between one of these documents, the higher ranking document shall prevail for the interpretation of the obligation in question. Any modification of the appendices hereof, in particular by amendment, shall complete or modify the corresponding appendix, without calling into question this hierarchy of contractual documents. Finally, each higher ranking document may complete or amend the lower ranking document.
The Agreement cancels and replaces any previous agreement, whether written or verbal, entered into between the Parties and with the same purpose.
It is formally agreed between the Parties that any tolerance or waiver by either Party, in the application of all or part of the commitments provided herein, regardless of the frequency and duration, shall not be considered as a modification of the Agreement, or create any right whatsoever.
Article 4 - EFFECT, DURATION AND RECONDUCTIONS
The Agreement shall be effective as from the date of subscription to the Services mentioned on the Order for a period of one (1) month, tacitly renewable per successive periods of one (1) month.
The Client may terminate the Agreement at any time, by sending an email to the address email@example.com, it being specified that any month started shall be invoiced in full.
Article 5 - DESCRIPTION OF THE APPLICATION SERVICES
5.1 APPLICATION SOLUTIONS
The Supplier shall make available the Services for the Client, accessible on a server administered by the Supplier via the Internet network.
Under the conditions of Article 7 “License”, the Supplier shall consent the Client the non-exclusive right to use the Services.
The Supplier shall ensure the Data hosting, maintenance and security of the Services.
The Supplier shall not be held liable for any inconveniences or damages related to the use of the Internet network, in particular, due to service interruption, an external intrusion or the presence of an I.T. virus. The Supplier also draws the Client’s attention to the importance of the Internet network quality for the User’s connection to purchase a product or digital subscription.
5.3 ACCESS TO THE SERVICES
The Client shall be the sole user of this right of access. He may connect at any time — with the exception of the maintenance periods, under the conditions defined in Article 8 hereafter —, i.e.:
- 24 hours/24,
- 7 days/7,
- Including Sundays and public holidays
The access shall be made:
- By the Client’s Associates from any digital terminal connected to the Internet, with a sufficiently recent Internet browser.
- Via Identifiers provided to the Client, with the Client being solely responsible for the integrity of the terminals used for the connection.
The Client’s identification upon his access to the application Services shall be made as follows:
- by an Identifier attributed by the Supplier,
- and a password communicated to the Client by the Supplier.
The Client shall use the Identifiers communicated upon each connection to the application Services.
The Identifiers are intended to reserve the access to the Services subject hereof to the Client’s Associates, protect the integrity and availability of the Services, and the integrity, availability and confidentiality of the Client’s Data, such as transferred by the Users.
The Identifiers are personal and confidential. They may only be changed upon the Client’s request or at the Supplier’s initiative, subject to first informing the Client. The Client shall undertake to make his best endeavors to ensure the confidentiality of his Identifiers and not to disclose them by any means whatsoever.
The Client is fully responsible for the use of the Identifiers and ensuring the confidentiality of his access codes. The Client must modify the password upon his first connection and ensure that it is changed regularly in order to limit the risk of Identifier recuperation. He shall be responsible for choosing a sufficiently reliable password and must ensure that the latter is sufficiently secure (upper case, lower case, special characters and longer than 8 characters).
He shall ensure that no other person unauthorized by the Supplier has access to the application Services. Generally, the Client shall be responsible for the security of the individual workstations for Service access. In the event whereby he would have been informed of access by an unauthorized user, the Client shall immediately inform the Supplier and provide confirmation in any written format.
In the event of loss or theft of one of the Identifiers, the Client shall use the procedure setup by the Supplier enabling the recuperation of his Identifiers by email.
Article 6 - APPLICATION QUALITY
The Supplier shall ensure an availability of the application Services at an average of 99.6% for the year.
The Services are based on several technical components provided by several Partners:
- AWS for hosting Services (servers hosted in the European Union)
Payment partners (non-exhaustive list):
- Apple for the purchases and subscriptions on the App Store
- Google for the purchases and subscriptions on the Play Store
- Huawei for the purchases and subscriptions on the Huawei AppGallery
- Amazon for the purchases and subscriptions on the Amazon App Store
The Supplier draws the Client’s attention to the fact that the availability of these Services is directly related to that of the technical components used at its Partners. Under no circumstances may the Supplier be held liable for the unavailability of the Services due to the unavailability of the technical components used at its Partners.
The Supplier shall undertake to set up effective controls to reasonably assure that the Client may access and use the relevant Services at the duly stipulated time periods.
The application Services may occasionally be suspended due to maintenance interventions necessary for the functioning of the Supplier’s servers or platform. In the event of an interruption of the application Services for maintenance, the Supplier shall undertake to respect the operations procedure stipulated in Article 8 — Maintenance of the General Conditions, in order for the Client to be duly informed of the interruption, to enable the latter to take timely measures to avoid any disturbance to his activity.
The Supplier shall not be held liable for any impact of such unavailability on the Client’s activities.
Article 7 - LICENSE
The Supplier shall grant the Client a personal, non-exclusive, non-assignable and non-transferable right of use of the application Services, for the entire term of the Agreement and globally.
The Client may only use the application Services in accordance with his requirements and their documentation. In particular, the license relating to the application Services shall only be granted for the sole and unique purpose of enabling the Client to use the Services, at the exclusion of any other purpose.
The right of use shall include the right to represent and implement the application Services in accordance with their intended purpose, in the SaaS mode, via a connection to an electronic communications network. The Client may, under no circumstances, make the Services available to a third party, and shall duly undertake to prohibit any other use, in particular, any adaptation, modification, translation, arrangement, diffusion, decompilation, without this list being exhaustive.
Article 8 - MAINTENANCE
The Supplier shall assume the corrective and evolutive maintenance of the Services.
Concerning the corrective maintenance:
Any anomaly reports must be confirmed directly through the chat mode integrated to the Services. The Supplier shall make its best endeavors to respond to the Client and proceed with the diagnostic of the anomaly and implement the necessary correction.
In any event, the Supplier shall guarantee the Client an access to the Services 24h/24, within the threshold of Article 6 of the General Terms and Conditions, Application Quality, notwithstanding any support service pending and/or unavailability period of the support.
The Supplier is not responsible for the corrective maintenance in the following cases:
- the Client’s refusal to cooperate with the Supplier in the resolution of the anomalies and, in particular to respond to the questions and information requests;
- use of the application Services in a means that is not compliant with their intended use or documentation;
- unauthorized modification of the Services by the Client or by a third party;
- the Client’s non-compliance with his obligations under the Agreement;
- implantation of any software packages, software or exploitation system that are incompatible with the application Services;
- default of the electronic communication networks;
- voluntary act of deterioration, malevolence or vandalism;
- deterioration due to a force majeure event or an improper use of the application Services.
Concerning the evolutive maintenance:
The Supplier shall carry out work to ensure continuous improvements of the Services. The Client shall benefit from the updates and the functional developments of the application Services.
The Supplier shall undertake to transfer the updated documentation for the new versions of the Services.
The corrections and evolutions of the application Services are expressly subject to the Agreement.
The interventions relating to this service may render the service temporarily unavailable. They are carried out regularly after a notification period of one (1) week and only outside of business hours. The Supplier guarantees that the updates and new versions of the Services shall not give rise to any regression of the application Services in terms of performance and functionalities.
Article 9 - DATA PROCESSING
9.1. PERSONAL DATA
If the Data transferred for the use of the application Services includes Personal Data, the Client shall guarantee the Supplier that he has carried out all the obligations necessary under the Personal Data Protection Regulations, and that he informed the relevant individual of the use made of such Personal Data. In this regard, the Client guarantees the Supplier against any remedy, complaint or claim resulting from an individual, whose Personal Data would be reproduced and hosted via the application Services.
9.2. DATA EXPLOITATION
The Client ensures any editorial responsibility for the use of the application Services.
The Client is solely responsible for the quality, legality and relevance of the Data and content that he transfers for the use of the application Services. He also guarantees that he is the holder of the intellectual property rights enabling him to use the Data and content. Accordingly, the Supplier shall not be liable in the event of non-compliance of the Data and/or content with the laws and regulations, public policy or the Client’s requirements.
The Client guarantees the Supplier upon his first request against any prejudice which would result from him being held liable by a third party for a breach of this guarantee.
More generally, the Client is solely liable for the content and messages disseminated and/or downloaded via the application Services. The Client remains the sole owner of the Data and content of any kind whatsoever constituting the Service content.
9.3. DATA SECURITY
Each of the Parties shall undertake to implement the appropriate technical resources to ensure the Data security.
Subject to Article 13 “Liability”, the Supplier shall undertake to protect the integrity and confidentiality of the Data included in the Services. The Supplier shall setup the technical and organizational measures to prevent any access or fraudulent use of the Data and prevent any losses, alterations and destruction of Data.
9.4. PERSONAL DATA PROTECTION
The Parties acknowledge that they are fully aware of the obligations of the Personal Data Regulations which apply to them in their respective capacity as “data controller” or “sub-contractor” dependently from the Personal Data processing carried out.
In this regard, the Parties shall undertake to respect the terms of the Purchasely Data Processing Agreement, which is an integral part of the Agreement, and the purpose of which is to define the conditions and enforcement methods for the Personal Data processing operations carried out in the context hereof.
Article 10 - FINANCIAL CONDITIONS
The Services are provided onerously according to the price list available on the Purchasely and for which the applicable price is expressed in euros or dollars and is the price applicable on the date of subscription of the Services and depends on the number of Subscribers in accordance with the price list provided on the Purchasely Website.
As the case maybe, the Services may be provided gratuitously under certain conditions detailed on the Purchasely Website.
10.2. PAYMENT METHODS
Notwithstanding the commitment period, the Services shall be invoiced at the end of each month.
The invoices are payable in arrears, within thirty (30) days following their date of receipt, by bank card (CB, VISA, Eurocard, Mastercard) or by SEPA transfer.
The invoice payment corresponding to the Services subscribed shall be immediately debited from the Client’s account.
Without prejudice to any damages, the Client’s failure to pay an invoice on its due date shall automatically result in the following, and as the case maybe, after prior electronic notification(s) from the Supplier to the Client:
- the suspension by the Supplier of all or part of the Services at his discretion,
- application of late payment interest equal to three times the statutory interest rate, without prior formal notice and as from the first day overdue;
- the payment of a late payment penalty of forty (40) euros, excluding taxes;
- the bank and supplementary management fees (recovery follow-up, reminder correspondence and telephone calls, bank debit rejection representation);
- As the case maybe, the automatic termination of the Agreement under the conditions provided by Article 15 of the General Terms and Conditions.
Article 11 - OWNERSHIP
The Client is and shall remain the owner of all the Data that he uses via the application Services in the context of the Agreement.
The Supplier is and shall remain the owner of the ownership rights relating to any element of the application Services made available to the Client, and, more generally, the I.T. infrastructure (software and material) setup or developed in the context of the Agreement.
The Agreement does not confer the Client any right of ownership on the Services. The temporary availability of the Services under the conditions provided herein shall not be analyzed as the assignment of any intellectual property right for the Client’s benefit, within the meaning of the French Intellectual Property Code.
Accordingly, the Client shall undertake not to reproduce any element of the Services, or any documentation in his regard, by any means whatsoever, in any form or on any support whatsoever.
The Client may not assign all or part of the rights and obligations resulting herefrom, whether in the context of a temporary assignment, sub-license or any other Agreement providing for the transfer of such rights and obligations.
Article 12 - PEACEFUL POSSESSION GUARANTEE
The Supplier represents and warrants:
- that the Services he has developed are originals within the meaning of the French Intellectual Property Code,
- that he is the owner of all the intellectual property rights enabling him to enter into the Agreement.
The Supplier represents and warrants that the Services are not likely to breach third party rights.
Article 13 - LIABILITY — FORCE MAJEURE
Each of the Parties shall assume the liability for the consequences resulting from his faults, errors or omissions, and any faults, errors or omissions by any of his subcontractors and causing direct damage to the other Party.
Furthermore, and in the event of fault proven by the Client, the Supplier shall only assume the pecuniary consequences of the direct damages that are foreseeable due to the performance of the Services. Accordingly, the Supplier may under no circumstance be held liable for the Client’s indirect or unforeseeable losses or damages or those of third parties, which includes, in particular, any loss of earnings, loss, inaccuracy or corruption of files or Data, a commercial prejudice, loss of turnover or profits, loss of clientele, loss of opportunity, cost of obtaining a substitute product, service or technology, in relation or resulting from the non-performance or an erroneous performance of the services.
In all cases, the amount of the Supplier’s liability shall be strictly limited to the reimbursement of the amounts actually paid by the Client during the thirty (30) days preceding the date of occurrence of the operative event of liability.
Furthermore, the Supplier shall also not be held liable for the accidental destruction of the Data by the Client or a third party who has accessed the application Services via Identifiers issued to the Client.
None of the Parties shall be held liable for any default in its obligations in the context hereof, if such default results from: a Governmental decision, including any withdrawal or suspension of any authorizations, a total or partial strike, internal or external to the company, fire, natural disaster, war, a total or partial interruption or a blockage of the telecommunications or electricity networks, computer hacking or more generally, any other force majeure event presenting the characteristics defined by case law.
The Party acknowledging the event shall inform the other Party immediately of his impossibility to perform his contractual obligation(s). The suspension of obligations or delay shall under no circumstances be considered as a ground of liability for the non-performance of such obligation or result in the payment of damages or late payment penalties.
Article 14 - INSURANCE
The Supplier shall undertake to subscribe to the necessary insurance policies in order to cover the risks related to the exercise of his activity. He shall undertake to provide any justification to the Client if the latter expressly requests.
Article 15 - TERMINATION
In the event whereby the Client fails to comply with its contractual obligations, the Agreement may be automatically terminated by the Supplier seven (7) days after sending a formal notice letter sent by email, which has remained without response. The formal notice shall mention the acknowledged default(s), and notwithstanding the possibility for the Supplier to proceed with the suspension of the Services as from the acknowledgment of the default, either in the event of non-payment of the price, or to protect the integrity and/or security of the Services and/or Data.
In the event of termination, the Client shall cease all use of the access codes to the application Services.
The reversibility services shall be implemented in accordance with Article 16.
Article 16 - REVERSIBILITY
In the event of cessation of the contractual relation, regardless of the cause, the Supplier shall undertake to gratuitously return or destroy all of the Client’s Data, at the latter’s discretion, at the latter’s first request by email at the following address firstname.lastname@example.org and within a period of thirty (30) days on the date of receipt of this claim, in a standard easily legible format in an equivalent environment.
The Client shall actively cooperate with the Supplier in order to facilitate the Data recuperation.
Article 17 - CONFIDENTIALITY
Each of the Parties shall undertake (i) to ensure the confidentiality of all the information that it receives from the other Party, and, in particular (ii) not to disclose confidential information to the other Party, any third party, other than the employees or agents required to be informed thereof; and (iii) only to use the other Party’s confidential information to exercise his rights and meet his obligations stipulated herein.
Notwithstanding the foregoing, none of the Parties shall have any obligation with regard to information which (i) would have fallen or were to fall into the public domain, not due to the any fault by the recipient Party, (ii) would have been independently developed by the recipient Party, (iii) would have already been known to the recipient Party prior to its disclosure by the issuing Party, (iv) would have been legitimately received by a third party not subject to a confidentiality obligation or (v) should be disclosed by virtue of a law or court order (in such case, it should only be disclosed for the required purpose and after informing the issuing Party in writing).
The Parties’ obligations with regard to the confidential information Parties shall remain applicable during the entire term of the Agreement and thereafter, insofar as such information remained confidential for the issuing Party and, in any event, for a period of two (2) years after the expiry of the Agreement. Each Party must return all the copies of documents and supports including the other Party’s confidential information, as from the end of the Agreement, regardless of the cause. Furthermore, the Parties undertook to ensure the respect of these provisions by their personnel and any subordinate or third party who may be involved, under any capacity whatsoever, in the context of the Agreement.
Article 18 - MISCELLANEOUS PROVISIONS
18.1. Divisibility of the clauses
The invalidity, nullity, absence of obligation or unenforceability of any of the stipulations of the Agreement shall not give rise to the invalidity, nullity, absence of obligation or unenforceability of the other stipulations, which shall remain fully applicable. Nonetheless, the Parties, may, by mutual agreement, agree to replace the invalid stipulations.
18.2. Applicable law and disputes
The Agreement is subject to French law, at the exclusion of any other legislation. In the event whereby the Agreement is drafted in several languages or a translation thereof, only the French version shall prevail.
For the performance hereof and any repercussions hereto, the Parties shall respectively elect domicile at their registered offices mentioned on the first page hereon. Any modification by a Party of their registered office or address shall only be enforceable against the other Party eight (8) calendar days after having been duly notified to the latter.
In order to reach a mutual solution to any dispute that may occur in the performance of the Agreement, the Parties agree to meet within fifteen (15) days as from the receipt of a registered letter with acknowledgment of receipt requested notified by either Party.
IF, AT THE END OF A FURTHER PERIOD OF FIFTEEN (15) DAYS, THE PARTIES WERE UNABLE TO REACH AN AGREEMENT ON A COMPROMISE OR SOLUTION, THE DISPUTE SHALL BE SUBMITTED BEFORE THE PARIS COURTS WITH JURISDICTION.
APPENDIX - DESCRIPTION OF THE PURCHASELY SERVICES
The terms beginning in the upper case in this Description of Purchasely Services whether they are used in the singular or the plural, shall have the meaning given in the General Terms and Conditions.
1. Technical proposal
The application solution setup by the Supplier integrates 3 components:
- The mobile SDKs
- The configuration Console
- The Purchasely Platform
1.1. SDKs (Software Development Kit)
The iOS and Android SDK are development kits integrated directly in the Applications. They enable the administration of the subscription and assure the display view (or paywall) of the products and subscriptions available for sale.
- presentation of the products or subscriptions proposed for sale or subscription;
- purchase of a product or subscription with the App Store, Play Store or Huawei AppGallery;
- restoration of the previous purchases made on the aforementioned stores;
- tracking of the principal business events (access to a paywall, subscription request, validation of a subscription, restoration of a subscription) made in the SDK and related to the Application;
- collection of the Subscriber’s reasons for termination.
1.2. Purchasely Console
The Purchasely Console is a Back Office Web interface. It is made available to the Client to set, administer and supervise its product sales and digital subscriptions.
- configuration of the product catalogue proposed upon the subscription;
- configuration of the different presentations related to each subscription and pre-visualization of the end result. It is possible to conduct as many presentations at the Client’s discretion;
- access to the Subscribers’ life cycle monitoring tools
- access to the “business” follow-up dashboards enabling the visualization of the principle data and statistics relating to Subscribers (number of active subscribers, division per platform, per type of subscription).
1.3. Purchasely Platform
The Purchasely Platform is connected with the mobile SDKs and the mobile application stores. It is responsible for validating the receipts issued by the mobile application stores upon the purchase of a digital product or a digital subscription, and to notify in real time the Client’s back-end of events associated with the Subscribers’ life cycle (activation, renewal, termination), via a Webhook. Through these real time notifications, the Client’s back-end may open or close the Subscribers’ access.
- secured validation of receipts issued from the App Store (iOS) and Google Play Store (Android);
- storage of receipts on the platform,
- real-time update of the subscriber’s status for each Subscriber (via a Webhook).
2. Financial offering
For the use of its Application Services, the Supplier shall invoice a license. The price of this license is calculated pro rata according to the number of active Subscribers managed by the solution (see the price list on the Purchasely Website). It is specified that the Subscribers on trial period are included.
3. Right of communication
The Client shall grant the Supplier to the right to communicate succinctly on the project during the term of the Agreement.
The communications concern exclusively:
- the possibility for the Supplier to reference the Client’s Applications, using the Services as clients on its Website and LinkedIn page.
- the possibility to integrate the Applications icon and a screen shot of the latter on a Website
- the possibility to associate this image to a client testimonial (which shall be subject to the Client’s prior validation), certifying the facility to integrate the solution, the resulting time gained, and the strategies deployed to increase the income resulting from product purchases or digital subscriptions.
- the possibility to draft a Success Story on the means by which the Client integrated the solution, which may be downloaded in PDF format on the Supplier’s Website or LinkedIn page.